Giard et al v. Ouellette et al
Filing
49
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ; GRANTING 30 Motion for Summary Judgment; DISMISSING Plaintiff Homer Giard's claim against BNSF and DISMISSING Plaintiff Mary Giard's loss of consortium claim against BNSF. Signed by Judge Sam E Haddon on 1/27/2014. (ACL, )
1
FILED
JAN 2 7 201~
Clerk. u.s. District Court
o.smct Of Montana
Helena
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BILLINGS DIVISION
HOMER L. GIARD and MARY
GIARD,
CV 12-113-BLG-SEH
Plaintiffs,
vs.
ORDER
BURLINGTON NORTHERN SANTA
FE RAILWAY COMPANY,
Defendant.
On January 6, 2014, United States Magistrate Judge Carolyn S. Ostby
entered her Findings and Recommendations l in this matter. Plaintiffs filed
objections on January 21, 2014.2 Defendant also filed a limited objection on
I
Doc. 45.
2
Doc. 46.
January 21, 2014.3 The Court reviews de novo findings and recommendations to
which objections are made. 28 U.S.C. § 636(b)(I).
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 Summary Judgment (Doc. 30) is GRANTED.
2.
Plaintiff Homer Giard's claim against Defendant Burlington Northern
Santa Fe Railway Company (BNSF) is DISMISSED.
3.
Plaintiff Mary Giard's loss of consortium claim against BNSF is
DISMISSED.
4.
The Clerk of Court is directed to enter judgment accordingly.
DATED this
tl7~YOfJanuary,2014.
~t/I.~~
'~HADDON
United States District Judge
3
Doc. 47.
2
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