Bretz v. United States of America et al, No. 1:2019cv00073 - Document 24 (D. Mont. 2020)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed 23 FINDINGS AND RECOMMENDATIONS entered by the United States Magistrate Judge are ADOPTED IN FULL. IT IS FURTHER ORDERED that the United States 5 MOTION to Dismiss is GRANTED with respect to Counts 4 and 8 of the Complaint, with prejudice; and DENIED as to Count 5 of the Complaint, without prejudice to the United States' right to raise the statute of limitations issue by motion for summary judgment. Signed by Judge Susan P. Watters on 9/10/2020. (EMH)
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Bretz v. United States of America et al Doc. 24 Case 1:19-cv-00073-SPW-TJC Document 24 Filed 09/10/20 Page 1 of 2 Dockets.Justia.com Case 1:19-cv-00073-SPW-TJC Document 24 Filed 09/10/20 Page 2 of 2 (9th Cir. 1981). Clear error exists if the Cou1t 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 Recommendation, this Court does not find that the Magistrate committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 23) are ADOPTED IN FULL. IT IS FURTHER ORDERED that: 1. The United States' Motion to Dismiss (Doc. 5) is GRANTED with respect to Counts 4 and 8 of the Complaint, with prejudice; and 2. DENIED as to Count 5 of the Complaint, without prejudice to the United States' right to raise the statute of limitations issue by motion for summary judgment. DATED this .Lf!__ day of September, 2020. ew SUSAN P. WATTERS United States District Judge 2
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