Bendure et al v. Star Targets et al

Filing 68

OPINION AND ORDER adopting 67 Findings and Recommendations. IT IS HEREBY ORDERED that Judge Ostby's Findings and Recommendations are ADOPTED IN FULL. TLD's Motion for Default Judgment 57 is DENIED with leave to renew. Signed by Judge Susan P. Watters on 9/24/2015. (EMH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

FILED
Clerk, U.S. District Court
District Of Montana
Billings

CASEY BENDURE,
CV 14-89-BLG-SPW
Plaintiff,
OPINION and ORDER

vs.
STAR TARGETS, JUSTIN HARDY,
TLD INDUSTRIES LLC, CABELA'S
WHOLESALE, INC., ROLLING
THUNDER PYROTECHNIC, CORP.
and MACRAFT USA, LLC,
Defendants.

TLD INDUSTRIES LLC,
Third-Party Plaintiff,
Vs.
ROLLING THUNDER
PYROTECHNIC, CORP. and
MACRAFT USA,
Third-Party Defendants.

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Plaintiff Casey Bendure brought this negligence action against Defendants
Star Targets, Justin Hardy, TLD Industries, LLC, Cabela's Wholesale, Inc.,
Rolling Thunder Pyrotechnic, Corp., and Macraft USA, LLC. (Doc. 4). After
reviewing TLD's motion for default judgment against Rolling Thunder and
Macraft, (doc. 57), United States Magistrate Judge Carolyn Ostby issued Findings
and Recommendations on September 3, 2015. Judge Ostby concluded that TLD's
motion should be denied, with leave to renew.
Pursuant to 28 U.S.C. § 636(b)(l), TLD had 14 days to file written
objections after Judge Ostby's Findings and Recommendations were filed. No
objections were filed. When neither party objects, this Court still reviews Judge
Ostby's conclusions for clear error. 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 Ostby committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 67) are ADOPTED
IN FULL.
2. TLD's Motion for Default Judgment (Doc. 57) is DENIED with leave to
renew.
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·~L-

A

DATED this cf{fjday of September 2015

~;::J~
SUSANP. WATTERS
United States District Judge

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