Cole et al v. Federal Bureau of Investigation et al

Filing 122

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Defendant's Motion for Judgment on the Pleadings and for Partial Summary Judgment is GRANTED IN PART AND DENIED, as set forth in Judge Ostby's F & R. Defendant's Motion for Judgment on the Pleadings respecting the Springfield claims is GRANTED; Defendants Motion for Partial Summary Judgment respecting the Bearcrane claims is DENIED. Signed by Judge Sam E Haddon on 2/6/2014. (ACL, )

IN TilE UNITED STATES DISTRICT COURT

FILED

FOR TilE DISTRICT OF MONT ANA

FEB 0 6 201~

BILLINGS DIVISION

Clerk, u.s. Oistrtct Court
OiSlriGt Of Montana
Helena

EARLINE COLE, as an individual and
as personal representative 0 f the
ESTATE OF STEVEN BEARCANE,
et ai.,
Plaintiffs,

CV 09-21-BLG-SEH

ORDER

vs.

MA TTHEW ORAVEC, in his
individual capacity,
Defendant.

On January 23,2014, United States Magistrate Judge Carolyn S. Ostby
entered her Findings and Recommendations l on Defendant's Motion for Judgment
on the Pleadings and for Partial Summary JUdgment. 2 Defendant filed objections
on February 4, 2014. 3 The Court reviews de novo findings and recommendations
to which objections are made. 28 U.S.c. § 636(b)(1).

I

Doc, 119.

2

Doc, 96,

3

Doc, 121.

Upon de novo review of the record, I find no error in Judge Ostby's
Findings and Recommendations and adopt them in fulL
ORDERED:
1.

Defendant's Motion for Judgment on the Pleadings and for Partial

Summary Judgment (Doc. 119) is GRANTED, in part, and DENIED, as set fOlih
in Judge Ostby's Findings and Recommendations, as follows:
A.

Defendant's Motion for Judgment on the Pleadings respecting

the Springfield claims is GRANTED.
B.

Defendants Motion for Partial Summary Judgment respecting

the Bearcrane claims is DENIED.
DATED this

~ay of February, 2014.

United States District Judge

2