Giard et al v. Burlington Northern and Santa Fe Railway Company, No. 1:2012cv00113 - Document 49 (D. Mont. 2014)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ; GRANTING 30 Motion for Summary Judgment; DISMISSING Plaintiff Homer Giard's claim against BNSF and DISMISSING Plaintiff Mary Giard's loss of consortium claim against BNSF. Signed by Judge Sam E Haddon on 1/27/2014. (ACL, )
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Giard et al v. Burlington Northern and Santa Fe Railway Company 1 Doc. 49 FILED JAN 2 7 201~ Clerk. u.s. District Court o.smct Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION HOMER L. GIARD and MARY GIARD, CV 12-113-BLG-SEH Plaintiffs, vs. ORDER BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant. On January 6, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations l in this matter. Plaintiffs filed objections on January 21, 2014.2 Defendant also filed a limited objection on I Doc. 45. 2 Doc. 46. Dockets.Justia.com January 21, 2014.3 The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. § 636(b)(I). 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 Summary Judgment (Doc. 30) is GRANTED. 2. Plaintiff Homer Giard's claim against Defendant Burlington Northern Santa Fe Railway Company (BNSF) is DISMISSED. 3. Plaintiff Mary Giard's loss of consortium claim against BNSF is DISMISSED. 4. The Clerk of Court is directed to enter judgment accordingly. DATED this tl7~YOfJanuary,2014. ~t/I.~~ '~HADDON United States District Judge 3 Doc. 47. 2 \
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