Cole et al v. Federal Bureau of Investigation et al, No. 1:2009cv00021 - Document 122 (D. Mont. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Defendant's Motion for Judgment on the Pleadings and for Partial Summary Judgment is GRANTED IN PART AND DENIED, as set forth in Judge Ostby's F & R. Defendant's Motion for Judgment on the Pleadings respecting the Springfield claims is GRANTED; Defendants Motion for Partial Summary Judgment respecting the Bearcrane claims is DENIED. Signed by Judge Sam E Haddon on 2/6/2014. (ACL, )

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Cole et al v. Federal Bureau of Investigation et al Doc. 122 IN TilE UNITED STATES DISTRICT COURT FILED FOR TilE DISTRICT OF MONT ANA FEB 0 6 201~ BILLINGS DIVISION Clerk, u.s. Oistrtct Court OiSlriGt Of Montana Helena EARLINE COLE, as an individual and as personal representative 0 f the ESTATE OF STEVEN BEARCANE, et ai., Plaintiffs, CV 09-21-BLG-SEH ORDER vs. MA TTHEW ORAVEC, in his individual capacity, Defendant. On January 23,2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations l on Defendant's Motion for Judgment on the Pleadings and for Partial Summary JUdgment. 2 Defendant filed objections on February 4, 2014. 3 The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.c. ยง 636(b)(1). I Doc, 119. 2 Doc, 96, 3 Doc, 121. Dockets.Justia.com Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in fulL ORDERED: 1. Defendant's Motion for Judgment on the Pleadings and for Partial Summary Judgment (Doc. 119) is GRANTED, in part, and DENIED, as set fOlih in Judge Ostby's Findings and Recommendations, as follows: A. Defendant's Motion for Judgment on the Pleadings respecting the Springfield claims is GRANTED. B. Defendants Motion for Partial Summary Judgment respecting the Bearcrane claims is DENIED. DATED this ~ay of February, 2014. United States District Judge 2

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