Horiel et al v. Burlington Northern and Santa Fe Railway Company et al, No. 1:2008cv00135 - Document 67 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS re 63 Findings and Recommendations. Defendants' 21 Motion to Dismiss is DENIED WITHOUT PREJUDICE. Signed by Judge Richard F. Cebull on 8/20/2012. (Order printed to CSO chambers.) (NOB)
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Horiel et al v. Burlington Northern and Santa Fe Railway Company et al Doc. 67 IN THE UNITED STATES DISTRlCT COURT FOR THE DISTRlCT OF MONTANA BILLINGS DIVISION FRANCIS HORlEL, CROWN CREATIONS CABINETMAKERS, INC., Plaintiffs, vs. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a foreign corporation f/kJa BURLINGTON NORTHERN, INC., and BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) FILED CV 08-135-BLG-RFC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (DOC. 63) ---------------------------) United States Magistrate Judge Carolyn Ostby recommends this Court deny Defendant's Motion to Dismiss (doc. 21) because Defendants failed to follow through with their representation that it would be withdrawn. Doc. 63. There being no objection to Judge Ostby's sound recommendation, her Findings and Recommendations are fully adopted by this Court. Accordingly, IT IS HEREBY ORDERED Defendants' Motion to Dismiss (doc. 21) is DENIED :WHOUT PREJUDICE. DATED this K day of August, 2012. 1 Dockets.Justia.com 2
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