Roedocker v. Farstad Oil, Inc.

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. GRANTING as to Roedocker's claim under Mont. Code Ann. 39-2-904(1)(c), but DENIED in all other aspects in re 3 Motion to Dismiss, or, Alternatively, to Transfer Venue Signed by Judge Susan P. Watters on 7/18/2016. (AMC, )

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

RICHARD ROEDOCKER,
CV 16-29-BLG-SPW-CSO
Plaintiff,
ORDER

vs.
FARST AD OIL, INC.,
Defendant.

Before the Court are United States Magistrate Judge Carolyn Ostby's
Findings and Recommendations filed on June 21, 2016. In the Findings and
Recommendations, Judge Ostby recommends that this Court grant Defendant
Farstad Oil's motion to dismiss to the extent it seeks the dismissal of Plaintiff
Richard Roedocker's claim under Mont. Code Ann.§ 39-2-904(1)(c), but deny the
motion in all other respects.
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 conclusions for clear error. 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

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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. 11) are ADOPTED

IN FULL.
2. Farstad Oil's Motion to Dismiss, or, Alternatively, to Transfer Venue
(Doc. 3) is GRANTED as to Roedocker's claim under Mont. Code Ann.§ 39-2904(1)(c), but DENIED in all other respects.

DATED this

-~

_jJ day of July, 2016.

'c-~102~~ 1:. tJ~~
/SUSANP. WATTERS
United States District Judge

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