Bendure et al v. Star Targets et al

Filing 97

OPINION AND ORDER ADOPTING IN FULL 93 Findings and Recommendations. GRANTING 87 Motion for Default Judgment against Rolling Thunder and Macraft. Signed by Judge Susan P. Watters on 3/31/2016. (AMC, )

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FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION NAR 3 l 2016 Clerk us Disf . o· istrict Court net Of Montana Billings CASEY BENDURE, CV 14-89-BLG-SPW Plaintiff, vs. OPINION and ORDER 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. 1 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 renewed motion for default judgment against Rolling Thunder and Macraft, (doc. 87), United States Magistrate Judge Carolyn Ostby issued Findings and Recommendations on March 1, 2016. Judge Ostby concluded that TLD's motion should be granted. Pursuant to 28 U.S.C. § 636(b)(I), Rolling Thunder and Macraft 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 ifthe 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. 93) are ADOPTED IN FULL. 2. TLD's Renewed Motion for Default Judgment (Doc. 87) is GRANTED. 2 DATED thi' )J'd,.y ofM=h 2016. /) ~~a~L-t</~ SUSAN P. WATTERS United States District Judge 3

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