-CSO Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters v. Green et al, No. 1:2011cv00035 - Document 20 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Motion to Dismiss/Lack of Jurisdiction filed by Paul Green, 5 Motion to Dismiss, filed by The Montana Department of Labor & Industry, 19 Findings and Recommendations. IT IS HEREBY ORDERED that HRB's motion to dismiss is GRANTED and Green's motion to dismiss is DENIED. Signed by Judge Richard F. Cebull on 9/29/2011. (ACL, )
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-CSO Brotherhood of Maintenance of Way Employes Division of the Inter...of Teamsters v. Green et al Doc. 20 FILED BILLINGS Dr" IN THE UNITED STATES DISTRICT C~'fr I r. utP 30 PfTl12 08 FOR THE DISTRICT OF MONTANlf;HRiCK E. DUFfY '~I BY' BILLINGS DIVISION '.J C'n, ~ t ,", f\ ~ BROTHERHOOD OF MAINTENANCE) OF WAY EMPLOYEES DIVISION ) Cause No. CV-11-35-BLG-RFC OF THE INTERNATIONAL ) BROTHERHOOD OF TEAMSTERS, ) ) Plaintiff, ) ) ORDER ) v. ) ADOPTING FINDINGS AND PAUL GREEN, and THE MONTANA ) RECOMMENDATIONS OF U.S. DEPARTMENT OF LABOR & ) MAGISTRATE JUDGE INDUSTRY, HUMAN RIGHTS ) BUREAU, ) ) Defendants. ) -------------------------) Magistrate Judge Ostby has entered Findings and Recommendations with respect to motions to dismiss filed by Defendants Human Rights Bureau (doc. 5) and Paul Green (doc. 8). Magistrate Judge Ostby recommends that the Human Rights Bureau's motion be granted because it is immune from suit under the Eleventh Amendment, and BMWED's failure to name an individual state officer as a defendant means the Ex Parte Young exception for suits seeking prospective injunctive relief is unavailable. Doc. 19, pp. 7-8. Magistrate Judge Ostby Dockets.Justia.com recommends that Green's motion be denied because this Court has obvious federal question jurisdiction over the claims against Green. Id. at pp. 8-9. 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 Findings and Recommendation. Although this failure to object waives all objections to the findings of fact, Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999), it 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 a thorough review of the Findings and Recommendations, the parties briefs, and the applicable law, the Court concludes Magistrate Judge Ostby's recommendations are well-grounded in law and fact and are adopted in their entirety. Accordingly, IT IS HEREBY ORDERED that HRB's motion to dismiss (doc. 5) is GRANTED and Green's motion to dismiss (doc. 8) is DENIED. Dated this 29th day of September, 2011. United States District Judge 2