Andersch v. NorthWestern Corporation et al, No. 2:2010cv00013 - Document 34 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 29 Findings and Recommendations, DENYING 13 Motion to Remand filed by Norman Lee Andersch. Signed by Judge Richard F. Cebull on 8/2/2010. (CRM, )

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Andersch v. NorthWestern Corporation et al Doc. 34 IN mE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION NORMAL LEE ANDSERCH, ) P!'1 ,J ') , I, BY CV-IO-13-BU-RFC un on U CiEiK ) Plaintiff, ) ) vs. ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ) ) NORTHWESTERN CORP., d/b/a ) NORTHWESTERN ENERGY, ) STEVEN REYNOLDS, HEATHER) BURNS, BOBBI SCHROEPPEL, ) BRIAN BIRD, JEANNE VOLD, ) and DOES I-V, ) ) Defendants. ) --------------------) On June 30, 2010, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation (Doc. 29) regarding Plaintiffs Motion to Remand (Doc. 13). Magistrate Judge Ostby recommends the motion be denied because Defendant Steven Reynolds was fraudulently joined and there is therefore complete diversity of citizenship. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(1). In this matter, no 1 Dockets.Justia.com party filed objections to the Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings offact. Turnerv. Duncan, 158 F.3d 449, 455 (9th Cir. 1999). Failure to object, however, does not relieve this Court of its burden to review de novo the magistrate judge's conclusions oflaw. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). Here, Magistrate Judge Ostby correctly concluded that since Montana's Wrongful Discharge from Employment Act does not envision lawsuits against employees or officers, only the employer, Buck v. Billings Montana Chevrolet, Inc., 811 P.2d 537,543 (Mont. 1991), Andersch obviously failed to state a claim against Reynolds. Accordingly, after reviewing the record and applicable law, this Court [rods Magistrate Judge Ostby'S Findings and Recommendation are well grounded in law and fact and adopts them in their entirety. Accordingly, IT IS HEREBY ORDERED that Andersch's Motion to Remand (Doc. 13) is D:trD. DATED the August 2010. 2

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