The Charter Oak Fire Insurance Company v. Sherner, et al., No. 1:2022cv00132 - Document 44 (D. Mont. 2024)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that the proposed 43 Findings and Recommendations entered by the Magistrate Judge are ADOPTED IN FULL. IT IS HEREBY ORDERED that Plaintiff Charter Oak Fire Insurance Company's 17 Motion for Summary Judgment is GRANTED and Defendant's Jon Sherner and Tracey Sherner's 24 Motion for Summary Judgment is DENIED. Signed by Judge Susan P. Watters on 1/16/2024. (EMH)
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The Charter Oak Fire Insurance Company v. Sherner, et al. Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION THE CHARTER OAK FIRE CV 22-132-BLG-SPW INSURANCE COMPANY, Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. JON SHERNER,et al.. Defendant. The United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on December 29, 2023, (Doc. 43). The Magistrate recommended the Court grant Plaintiff The Charter Oak Insurance Company's Motion for Summary Judgment and deny Defendants Jon Shemer and Tracey Shemer's Motion for Summary Judgment. {Id. at 2). Pursuant to 28 U.S.C. ยง 636(b)(1), parties are required to file written objections within 14 days of the filing of the 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.,656F.2d 1309,1313(9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a 1 Dockets.Justia.com
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