Clark v. F.T. Reynolds Co., No. 1:2015cv00062 - Document 32 (D. Mont. 2016)
Court Description: ORDER ADOPTING IN FULL 31 Findings and Recommendations.; DENYING 16 Motion for Summary Judgment; GRANTING 20 Motion for Summary Judgment. COUNT III REMAINS PENDING FOR THE SOLE PURPOSE OF DETERMINING EXPENSES THAT THE DEFENDANT MUST PAY FOR PARKING LOT REPAIRS. Signed by Judge Susan P. Watters on 1/15/2016. (AMC, )
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Clark v. F.T. Reynolds Co. Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONT ANA BILLINGS DIVISION FILED JAN 1 5 2016 Clerk, U.S. District Court District Of Montana B;ilings JACK R. CLARK, CV 15-62-BLG-SPW-CSO Plaintiff, ORDER vs. F.T. REYNOLDS CO., a Montana corporation, Defendant. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on December 30, 2015. In the Findings and Recommendations, Judge Ostby recommends that this Court grant the Defendant's summary judgment motion and deny the Plaintiffs summary judgment motion. Pursuant to 28 U.S.C. ยง 636(b )(1 ), the parties were required to file written objections within 14 days of the filing of Judge Ostby's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Ostby's conclusions for clear error. Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. 1 Dockets.Justia.com Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 31) are ADOPTED IN FULL. 2. Plaintiff's Motion for Summary Judgment Regarding Liability as to All Claims (Doc. 16) is DENIED. 3. Defendant's Motion for Summary Judgment (Doc. 20) is GRANTED. 4. Count III remains pending for the sole purpose of determining expenses that the Defendant must pay for parking lot repairs. DATED thi' ,if daioffanmey, 2016. ) ~/.J~~ SUSANP. WATTERS United States District Judge 2
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