Rapp v. Hampton Inns Management LLC, No. 2:2018cv00016 - Document 39 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 6 Motion to Dismiss for Failure to State a Claim; denying 30 Motion for Summary Judgment. Signed by Judge Brian Morris on 8/29/2018. (APP) Copy to Rapp
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Rapp v. Hampton Inns Management LLC Doc. 39 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION JEFFREY S. RAPP, Plaintiff, CV 18-16-BU-BMM vs. HAMPTON MANAGEMENT LLC, ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS Defendants. Defendant Hampton Inns Management LLC (“Hampton”) filed a Fed R. Civ P. 12(b)(6) motion to dismiss Plaintiff Jeffrey Rapp’s complaint. Plaintiff Rapp filed two pleadings titled “Demand for Summary Judgment,” and “Motion to Compell [sic] Truthful answers Participate in Mediation.” United States Magistrate Judge Jeremiah Lynch issued Findings and Recommendations in this matter on July 24, 2018. (Doc. 35.) Judge Lynch recommended Hampton’s motion to dismiss be granted as to Rapp’s allegations of defamation that are predicated upon Robert Blom’s statements to the Department of Labor and workers’ compensation officials. Judge Lynch further recommended Hampton’s motion should be denied in all further respects. As to Rapp’s motions, Judge Lynch recommended that the motion for summary judgment be denied and 1 Dockets.Justia.com ordered Rapp’s motion to compel denied as unsupported and unnecessary. Neither Party filed objections to Judge Lynch’s Findings and Recommendations. The Court has reviewed Judge Lynch’s Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings and Recommendations, and adopts them in full. IT IS ORDERED that Judge Lynch’s Findings and Recommendations (Doc. 35), are ADOPTED IN FULL. DATED this 29th day of August, 2018. 2
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