Giacometto Ranch Inc. et al v. Denbury Onshore LLC. et al, No. 1:2016cv00145 - Document 263 (D. Mont. 2024)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL for 169 Motion for Sanctions, filed by Robert Giacometto, Thomas Giacometto, Giacometto Ranch Inc. Plaintiffs Motion (Doc. 169) is (l) GRANTED as to sanctions for the spoilation of evidenc e, and the jury shall receive a permissive adverse inference instruction; (2) GRANTED as to reasonable attorney fees associated with bringing the spoliation claim; and (3) DENIED as to all other issues. Signed by Judge Susan P. Watters on 1/19/2024. (AMC)

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Giacometto Ranch Inc. et al v. Denbury Onshore LLC. et al Doc. 263 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION GIACOMETTO RANCH INC., a Montana Corporation, TOM GIACOMETTO,a resident of Montana, and ROBERT CV 16-145-BLG-SPW GIACOMETTO,a resident of South ORDER ADOPTING Dakota FINDINGS AND RECOMMENDATIONS Plaintiffs, vs. DENBURY ONSHORE LLC,a Delaware Corporation, and DENBURY OPERATING COMPANY,a Delaware Coiporation, Defendants. Before the Court are United States Magistrate Judge Kathleen DeSoto's Findings and Recommendations, filed January 4, 2024. (Doc. 255). Judge DeSoto recommended the Court grant in part and deny in part Plaintiffs Giacometto Ranch Inc.'s, Tom Giacometto's, and Robert Giacometto's Motion to Hold Denbury in Contempt, to Sanction Denbury, and to Continue Trial ofPlaintiffs(Doc. 169). The parties were required to file written objections within 14 days ofthe filing ofJudge DeSoto's Findings and Recommendations. 28 U.S.C.ยง 636(b)(1). Neither Plaintiffs nor Defendants objected to the Findings and Recommendations, and so Dockets.Justia.com

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