Cummings v. Bank of America, Home Loans et al

Filing 54

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. DENYING 33 Motion to Strike. Signed by Judge Susan P. Watters on 10/25/2016. (AMC, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BILLINGS DIVISION

MICHELLE A. CUMMINGS,
CV 16-22-BLG-SPW-CSO
Plaintiff,
ORDER

vs.
BANK OF AMERICA, HOME
LOANS, SAFEGUARD
PROPERTIES, LLC, an Ohio Limited
Liability Company, WIND & WATER,
L.L.C., a Montana Limited Liability
Company, DAYID H. COUCH, an
Individual, and JOHN DOES A-Z,
Defendants.

Before the Court are United States Magistrate Judge Carolyn Ostby's
Findings and Recommendations filed on September 15, 2016. (Doc. 51 ). Judge
Ostby recommends that this Court deny Defendant Bank of America's Motion to
Strike the class allegations. (Doc. 33).
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 reviews Judge Ostby's Findings and Recommendations for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313

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(9th Cir. 1981 ). 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.
IT IS ORDERED that the proposed Findings and Recommendations for
disposition of this matter entered by United States Magistrate Judge Ostby (Doc.
26) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendant Bank of America's Motion to
Strike the class allegations (Doc. 33) is DENIED.
DATED this Js7diy of October, 2016.

A?CVv'-- eJ~~

/SUSAN P. WATTERS
United States District Judge

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