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, )
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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