Bendure et al v. Star Targets et al

Filing 74

OPINION AND ORDER ADOPTING IN FULL 73 Findings and Recommendations. All claims stated in the Second Amended Complaint against ROLLING THUNDER AND MACRAFT ARE DISMISSED WITHOUT PREJUDICE . Signed by Judge Susan P. Watters on 10/23/2015. (ACL, )

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

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. ("Rolling Thunder"), and Macraft USA, LLC
("Macraft"). (Doc. 4). United States Magistrate Judge Carolyn Ostby held a status
conference on October 8, 2015. At the status conference, Plaintiff moved to
dismiss Defendants Rolling Thunder and Macraft. The remaining Defendants did
not object. Judge Ostby issued Findings and Recommendations, in which she
recommends that this Court grant Plaintiffs motion to dismiss Rolling Thunder
and Macraft.
Pursuant to 28 U.S.C. § 636(b)(l), any party 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. 73) are ADOPTED
IN FULL.
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2. Plaintiffs oral motion to dismiss is GRANTED. All claims stated in the
Second Amended Complaint against Rolling Thunder and Macraft are
DISMISSED without prejudice.

y-f:I

DATED this.;?J day of October, 2015. ~

~~-~-'--------"----/?_.
tv!t~~~SUSANP. WATTERS
United States District Judge

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