Filed: Jan. 19, 2016
Latest Update: Jan. 19, 2016
Summary: ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on December 22, 2015, recommending granting Plaintiffs' motion for remand. The parties failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Cor
Summary: ORDER DANA L. CHRISTENSEN , Chief District Judge . United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on December 22, 2015, recommending granting Plaintiffs' motion for remand. The parties failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp..
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ORDER
DANA L. CHRISTENSEN, Chief District Judge.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendations on December 22, 2015, recommending granting Plaintiffs' motion for remand. The parties failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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) (citations omitted).
Having reviewed the Findings and Recommendations, the Court finds no clear error in Judge Lynch's conclusion that Plaintiffs' motion should be granted for lack of subject matter jurisdiction.
There being no clear error in Judge Lynch's Findings and Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 50) is ADOPTED IN FULL.
(2) Plaintiffs' motion for remand (Doc. 16) is GRANTED.
(3) This matter is REMANDED to the Montana Fourth Judicial District Court, Missoula County, for further proceedings.
