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GEE v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, CV 17-5-BLG-SPW. (2017)

Court: District Court, D. Montana Number: infdco20170427e65 Visitors: 16
Filed: Apr. 26, 2017
Latest Update: Apr. 26, 2017
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS SUSAN P. WATTERS , District Judge . Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on April 10, 2017. (Doc. 29). In his Findings and Recommendations, Judge Cavan recommended that this Court deny Gee's Motion for Remand. Pursuant to 28 U.S.C. 636(b)(1), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objecti
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on April 10, 2017. (Doc. 29). In his Findings and Recommendations, Judge Cavan recommended that this Court deny Gee's Motion for Remand.

Pursuant to 28 U.S.C. § 636(b)(1), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations 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 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 Cavan committed clear error.

Accordingly, IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 29) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Plaintiff Kyle Gee's Motion to Remand (Doc. 9) is DENIED.

Source:  Leagle

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