Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters v. Green et al

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Motion to Dismiss/Lack of Jurisdiction filed by Paul Green, 5 Motion to Dismiss, filed by The Montana Department of Labor & Industry, 19 Findings and Recommendations. IT IS HEREBY ORDERED that HRB's motion to dismiss is GRANTED and Green's motion to dismiss is DENIED. Signed by Judge Richard F. Cebull on 9/29/2011. (ACL, )

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FOR THE DISTRICT OF MONTANlf;HRiCK E. DUFfY '~I
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BROTHERHOOD OF MAINTENANCE)

OF WAY EMPLOYEES DIVISION
) Cause No. CV-11-35-BLG-RFC

OF THE INTERNATIONAL
)

BROTHERHOOD OF TEAMSTERS,
)

)
Plaintiff,
)
)
ORDER
)
v.
) ADOPTING FINDINGS AND
PAUL GREEN, and THE MONTANA ) RECOMMENDATIONS OF U.S.
DEPARTMENT OF LABOR &
)
MAGISTRATE JUDGE
INDUSTRY, HUMAN RIGHTS
)
BUREAU,
)
)
Defendants.
)

-------------------------)

Magistrate Judge Ostby has entered Findings and Recommendations with
respect to motions to dismiss filed by Defendants Human Rights Bureau (doc. 5)
and Paul Green (doc. 8). Magistrate Judge Ostby recommends that the Human
Rights Bureau's motion be granted because it is immune from suit under the
Eleventh Amendment, and BMWED's failure to name an individual state officer
as a defendant means the Ex Parte Young exception for suits seeking prospective
injunctive relief is unavailable. Doc. 19, pp. 7-8. Magistrate Judge Ostby

recommends that Green's motion be denied because this Court has obvious federal
question jurisdiction over the claims against Green. Id. at pp. 8-9.
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.C. § 636(b)(1). In this matter, no
party filed objections to the Findings and Recommendation. Although this failure
to object waives all objections to the findings of fact, Turner v. Duncan, 158 F.3d
449,455 (9th Cir. 1999), it does not relieve this Court of its burden to review de
novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F .2d 1514,
1518 (9th Cir. 1989).
After a thorough review of the Findings and Recommendations, the parties
briefs, and the applicable law, the Court concludes Magistrate Judge Ostby's
recommendations are well-grounded in law and fact and are adopted in their
entirety.
Accordingly, IT IS HEREBY ORDERED that HRB's motion to dismiss
(doc. 5) is GRANTED and Green's motion to dismiss (doc. 8) is DENIED.

Dated this 29th day of September, 2011.

United States District Judge

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