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BENDURE v. STAR TARGETS, CV 14-89-BLG-SPW. (2015)

Court: District Court, D. Montana Number: infdco20150925k02 Visitors: 13
Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: OPINION and ORDER SUSAN P. WATTERS , District Judge . Plaintiff Casey Bendure brought this negligence action against Defendants Star Targets, Justin Hardy, TLD Industries, LLC, Cabela's Wholesale, Inc., Rolling Thunder Pyrotechnic, Corp., and Macraft USA, LLC. (Doc. 4). After reviewing TLD's motion for default judgment against Rolling Thunder and Macraft, (doc. 57), United States Magistrate Judge Carolyn Ostby issued Findings and Recommendations on September 3, 2015. Judge Ostby concluded t
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OPINION and ORDER

Plaintiff Casey Bendure brought this negligence action against Defendants Star Targets, Justin Hardy, TLD Industries, LLC, Cabela's Wholesale, Inc., Rolling Thunder Pyrotechnic, Corp., and Macraft USA, LLC. (Doc. 4). After reviewing TLD's motion for default judgment against Rolling Thunder and Macraft, (doc. 57), United States Magistrate Judge Carolyn Ostby issued Findings and Recommendations on September 3, 2015. Judge Ostby concluded that TLD's motion should be denied, with leave to renew.

Pursuant to 28 U.S.C. § 636(b)(1), TLD had 14 days to file written objections after Judge Ostby's Findings and Recommendations were filed. No objections were filed. When neither party objects, this Court still reviews Judge Ostby's conclusions for clear error. Clear error exists if the Court 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 Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED:

1. Judge Ostby's Findings and Recommendations (Doc. 67) are ADOPTED IN FULL.

2. TLD's Motion for Default Judgment (Doc. 57) is DENIED with leave to renew.

Source:  Leagle

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