Hetu v. Charter Communications et al

Filing 34

OPINION and ORDER ADOPTING Judge Ostby's Findings and Recommendations 33 IN FULL. Defendant Charter's Motion for Partial Dismissal 15 is GRANTED and Counts 1,2,3 and 5 against Charter are dismissed. Defendant Lane's Motion to Dismiss 15 27 is GRANTED with respects to Counts 1,2,3 and 5 and DENIED with respect to Count 4. Signed by Judge Susan P. Watters on 5/1/2015. (EMH, )

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

FILED
Clerl<, U.S. District Court
District Of Montana
Billings

LAURA HETU,
CV 14-H5-BLG-SPW
Plaintiffs,

OPINION and ORDER

vs.
CHARTER COMMUNICATIONS,
LLC, and AMY LANE and JOHN
DOES 1-10,
Defendants.

Before the Court are United States Magistrate Judge Carolyn Ostby's
Findings and Recommendations filed on April 6, 2015. In the Findings and
Recommendations, Judge Ostby recommends that this Court grant Defendant
Charter Communications, LLC's ("Charter") motion for partial dismissal (doc. 15)
and grant Defendant Amy Lane's motion to dismiss (doc. 27) in part and deny it in
part.
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Ostby's Findings and
Recommendations. No objections were filed. When neither party objects, this
Court must still review 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

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SCA1\TNED

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. 33) are ADOPTED
IN FULL.
2. Defendant Charter's Motion for Partial Dismissal (Doc. 15) is
GRANTED, and Counts 1, 2, 3, and 5 against Charter are dismissed.
3. Defendant Lane's Motion to Dismiss (Doc. 15, 27) is GRANTED with
respect to Counts 1, 2, 3, and 5 and DENIED with respect to Count 4.
DATED this / 57Jay of May 2015.

~etc/~
SlJSANP:WATTERS
United States District Judge

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