Gersh v. Anglin, No. 9:2017cv00050 - Document 86 (D. Mont. 2018)
Court Description: ORDER adopting in full 75 Findings and Recommendations. Signed by Judge Dana L. Christensen on 5/7/2018. (NOS)
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Gersh v. Anglin Doc. 86 Case 9:17-cv-00050-DLC-JCL Document 86 Filed 05/07/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED MAY 0 7 2018 Cle~, (!.S District Court District_ Montana Of MISSOula TANYA GERSH, CV 17-50-M-DLC-JCL Plaintiff, vs. ORDER ANDREW ANGLIN, Defendant. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations in this case on March 21, 2018, recommending that Defendant Andrew Anglin's ("Anglin") Motion to Dismiss be denied to the extent it seeks dismissal for lack of subject matter jurisdiction pursuant to Rule 12(b)( 1) and for lack of personal jurisdiction based on insufficient service of process pursuant to Rule 12(b)(5). Anglin failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. U.S.C. ยง 636(b )(1 ). 28 The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981 ). After reviewing the record and finding no clear error, the Court agrees with Judge Lynch that Anglin's Motion to Dismiss shall be denied pursuant to Rule -1- Dockets.Justia.com Case 9:17-cv-00050-DLC-JCL Document 86 Filed 05/07/18 Page 2 of 2 12(b)(1) and Rule 12(b)(5). Accordingly, IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc. 75) are ADOPTED IN FULL. DATED this -=f ~day of May, 2018. Dana L. Christensen, Chief Judge United States District Court - 2-
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