Paatalo v. First American Title Company of Montana, Inc. et al

Filing 74

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS granting in part and denying in part 56 Motion to Dismiss for Failure to State a Claim. READ ORDER FOR COMPLETE DETAILS. Signed by Judge Sam E Haddon on 5/28/2014. (ACL, ) Modified on 5/28/2014 COPY MAILED TO W. PAATALO (ACL, ).

FILED

Clellt.

IN THE UNITED STATES DISTRICT COURT

u.s. District Court

Oistrict Of Montana

Heiena

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

WILLIAM J. PAATALO,
Plaintiff,

CV 13-128-BLG-SEH

vs.

ORDER
FIRST AMERICAN TITLE
COMPANY OF MONTANA. INC., et.
al.,
Defendants.

On May 14, 2014, United States Magistrate Judge Carolyn S. Ostby entered

her Findings and Recommendations l on the Motion to Dismiss Defendants
MackoffKellogg Law Firm - Charles J. Peterson, and Jason 1. Henderson2
Plaintiff filed objections on May 23, 2014. 3 The Court reviews de novo findings

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and recommendations to which objections are made. 28 U.S.C. § 636(b)(1).
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.

Motion to Dismiss Defendants Mackoff Kellogg Law Firm - Charles

J. Peterson, and Jason J. Henderson4 is GRANTED as to PlaintiffPaatalo's claims
for Breach of Contract (Count I), Breach ofImplied Covenant of Good Faith and
Fair Dealing (Count II), and Violations of the Fair Debt Collection Practices
Act (Count VII) and are DISMISSED with prejudice; and
2.

Motion to Dismiss Defendants Mackoff Kellogg Law Firm - Charles

J. Peterson, and Jason J. Henderson 5 is DENIED as to PlaintiffPaatalo's claims for
.Fraud (Count III); Constructive Fraud (Count IV); and Negligent
Misrepresentation (Count V).
DATED this

~y of May, 2014.

d'~lfotd~
United States District Judge

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