SleekEZ, LLC v. Horton et al

Filing 55

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. GRANTING 35 Motion to Amend/Correct AND DENYING 37 Motion to Strike. Signed by Judge Susan P. Watters on 5/9/2017. (AMC)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION SLEEKEZ, LLC, CV 16-09-BLG-SPW Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. HAL HORTON, d/b/a GROOM NINJA, Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on April 21, 2017. (Doc. 50). Judge Cavan recommends that this Court grant Plaintiffs Motion to Amend (Doc. 35) and deny Defendant's Motion to Strike (Doc. 37). (Doc. 50 at 16). Pursuant to 28 U.S.C. ยง 636(b )(1 ), the parties were required to file written objections within 14 days of the filing of Judge Cavan's Findings and Recommendations. No objections were filed. When neither party objects, this Court reviews Judge Cavan's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). 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 1 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Cavan committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan (Doc. 50) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiffs Motion to Amend (Doc. 35) is GRANTED and Defendant's Motion to Strike (Doc. 37) is DENIED. -r- DATED this _l_ day of May, 2017. ~eJ~ SUSANP. WATTERS United States District Judge 2

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