Campbell v. PPL Montana, LLC et al, No. 1:2010cv00023 - Document 37 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 30 Findings and Recommendations, 10 Motion to Remand filed by Patrick Campbell. IT IS HEREBY ORDERED that Campbell's Motion to Remand is DENIED. Signed by Judge Richard F. Cebull on 7/7/2010. (ACL, )

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Campbell v. PPL Montana, LLC et al Doc. 37 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA ;:OlD BILLINGS DIVISION F! J DI\,', ,me 7 API J elY i.(V DEPUTY CLERK PATRICK CAMPBELL, ) ) Plaintiff, ) ) vs. ) ) ) PPL MONTANA, LLC, a ) Delaware limited Jiability company,) ABC CORPORATIONS, and ) JOHN DOES 1-10, ) ) Defendants. ) CV-I0-23-BLG-RFC-CSO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ­­­­­­­­­­­­­­­­­­­­­) United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendations (Doc. 30) with respect to Campbell's Motion for Remand (Doc. 18). Magistrate Judge Ostby recommends this Court deny the motion because (1) PPL did not waive its right to removal by moving to substitute the state court judge first assigned to the case and (2) the removal was not procedurally defective. 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)(l). Here, no party filed objections to the June 8, 2010 Findings and Recommendation. This failure to 1 Dockets.Justia.com object waives all objections to the findings of fact, Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999), but 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). After reviewing the record and the 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. IT IS HEREBY ORDERED that Campbell's Motion for Remand (Doc. k- 10) is DENIED. /1 DATED the! day ofJuly 2010. / 1 / /< ! 1/1 l/: IRlCHARD F. CEBULL "UNITED STATES DISTRICT JUDGE 2

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