Krohne et al v. Burlington Northern and Santa Fe Railway Company et al, No. 1:2009cv00050 - Document 67 (D. Mont. 2012)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS denying 26 Motion to Dismiss without prejudice to refiling before the deadline for filing motions Signed by Judge Richard F. Cebull on 8/6/2012. (Clerk printed down a copy to CSO printer and emailed notification to CSO chambers and case manager) (ACL, )
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Krohne et al v. Burlington Northern and Santa Fe Railway Company et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF MONTANA AUG 062012 ....ATRICK E. DUFFY CLERK BILLINGS DIVISION BY u.s. OISTRICT COURT IVISION DWIGHT KROHNE and KITTY KROHNE, Individually, and DWIGHT KROHNE and KITTY KROHNE d/b/a "THE LAST STAND FIREWORKS COMPANY," "KROHNE ISLAND ANTIQUES," "CAFE-ED-ARTE, n "LIVINGSTON GREYHOUND-RIMROCK TRAIL WAYS," and various rental properties., CV-09-50-BLG-RFC ORDER ADOPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Plaintiffs, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, a cor]!oration, f/k/a BURLINGTON NORTHERN COMPANY, a Delaware Corporation, Defendant. On July 9, 2012, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation. Magistrate Judge Ostby recommends this Court Defendants' Motion to Dismiss be denied without prejudice to refiling before the deadline for filing motions. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. ยง 636(b)(1). In this matter, no party filed objections to the July 9, 2012 Findings and Recommendation. Failure 1 Dockets.Justia.com to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact. Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514,1518 (9th Cir. 1989). After an extensive review of the record and applicable law, this Court finds 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 Defendants' Motion to Dismiss [doc. 26] is DENIED without prejudice to refiling before the deadline for filing motions. The Clerk of Court shall notify the parties of the entry of this Order. DATED the of August, 20J2< UNITED STATES DISTRICT JUDGE 2
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