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Butler v. Unified Life Insurance Company, CV 17-50-BLG-SPW. (2018)

Court: District Court, D. Montana Number: infdco20180221975 Visitors: 4
Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: ORDER ADOPTING MAGISTRATE'S 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 15, 2017. (Doc. 40). 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 R
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ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS

Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on December 15, 2017. (Doc. 40).

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. 40) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that the motions to dismiss (Docs. 3, 5, and 19) filed by Defendants United Life, Allied National, and Health Insurance Innovations, Inc., and National Congress of Employers, Inc., are GRANTED IN PART and DENIED IN PART, and that Plaintiff's Motion to Strike (Doc. 35) is GRANTED.

Source:  Leagle

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