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Tillett v. Bureau of Land Management, CV 16-148-BLG-SPW. (2017)

Court: District Court, D. Montana Number: infdco20171229945 Visitors: 6
Filed: Dec. 28, 2017
Latest Update: Dec. 28, 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 December 5, 2017. (Doc. 48). 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
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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 December 5, 2017. (Doc. 48).

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 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 Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 48) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that the Defendants' Motion for Summary Judgment (Doc. 25) is DENIED and PlaintiffTillet's Motion for Summary Judgment (Doc. 28) is GRANTED with respect to the Revised EA's discussion of the special status species Peregrine Falcon and Shoshone Carrot;

IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment (Doc. 25) is GRANTED, and Tillett's Motion for Summary Judgment (Doc. 28) is DENIED, in all other respects.

IT IS FURTHER ORDERED that Defendants' decisions regarding impacts on the special status species Peregrine Falcon and Shoshone Carrot in the Revised Environmental Assessment is VACATED and the matter is REMANDED to the Bureau of Land Management for further proceedings consistent herewith.

IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs Statement of Undisputed Facts (Doc. 34) is DENIED as moot.

Source:  Leagle

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