Lopez v. Extended Stay America #7065 ESA P Portfolio, LLC et al, No. 1:2016cv00150 - Document 12 (D. Mont. 2017)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan 10 are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff Angela Lopez's Motion to Remand 6 is DENIED. Signed by Judge Susan P. Watters on 4/19/2017. (EMH)

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Lopez v. Extended Stay America #7065 ESA P Portfolio, LLC et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED ,, l . ..,,., _, . , 4*V ANGELA LOPEZ, CV 16-150-BLG-SPW Plaintiff, vs. EXTENDED STAY AMERICA #7065 ESA P PORTFOLIO, LLC, ESA P PORTFOLIO OPERATING LESSEE, LLC, formerly known as ESA P PORTFOLIO OPERATING LESSEE, INC. as subsidiaries of ESH HOSPITALITY HOLDINGS, LLC, ESA MANAGEMENT LLC, successor in interest to HVM, LLC John Doe, ESA, LLC and EXTENDED ST AY AMERICA, INC., ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on March 28, 2017. (Doc. 10). Judge Cavan recommends that this Court deny the Plaintiff's Motion to Remand (Doc. 6). Pursuant to 28 U.S.C. ยง 636(b)(l), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations for clear error. 1 Dockets.Justia.com McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981 ). 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 Cavan committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 10) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff Angela Lopez's Motion to Remand (Doc. 6) is DENIED. '-/ADATED this _ifday of April, 2017. ~~-0~ " SUSAN P. WATTERS United States District Judge 2

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