The City of Miles City v. Eckart Trucking, Inc., No. 1:2021cv00068 - Document 19 (D. Mont. 2022)
Court Description: ORDER, IT IS HEREBY ORDERED that the proposed 18 Findings and Recommendations entered by the United States Magistrate Judge are ADOPTED IN FULL. IT IS HEREBY ORDERED that the Plaintiff's 6 Motion to Remand is adopted in part and denied in part. The case is remanded to the Montana Sixteenth Judicial District Court, Custer County. Plaintiff's motion for Attorney's fees and costs is DENIED. Signed by Judge Susan P. Watters on 1/3/2022. (EMH)
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The City of Miles City v. Eckart Trucking, Inc. Doc. 19 Case 1:21-cv-00068-SPW-TJC Document 19 Filed 01/03/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION THE CITY OF MILES CITY,a political subdivision of the State of CV 21-68-BLG-SPW Montana, Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. ECKART TRUCKING,INC., Defendant. The United States Magistrate Judge filed Findings and Recommendations on December 14, 2021. (Doc. 18). The Magistrate recommended that the case be remanded back to the Montana Sixteenth Judicial District Court, Custer County, and that Miles City's Motion for Attorney's Fees and Costs be denied. (Doc. 18 at 9). Pursuant to 28 U.S.C. ยง 636(b)(1), parties are required to file written objections within 14 days ofthe filing ofthe Magistrate's Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate's Findings and Recommendation for clear error. 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 1 Dockets.Justia.com Case 1:21-cv-00068-SPW-TJC Document 19 Filed 01/03/22 Page 2 of 2
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