Giacometto Ranch Inc. et al v. Denbury Onshore LLC. et al

Filing 263

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL for 169 Motion for Sanctions, filed by Robert Giacometto, Thomas Giacometto, Giacometto Ranch Inc. Plaintiffs Motion (Doc. 169) is (l) GRANTED as to sanctions for the spoilation of evidenc e, and the jury shall receive a permissive adverse inference instruction; (2) GRANTED as to reasonable attorney fees associated with bringing the spoliation claim; and (3) DENIED as to all other issues. Signed by Judge Susan P. Watters on 1/19/2024. (AMC)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

GIACOMETTO RANCH INC., a

Montana Corporation, TOM
GIACOMETTO,a resident of
Montana, and ROBERT

CV 16-145-BLG-SPW

GIACOMETTO,a resident of South

ORDER ADOPTING

Dakota

FINDINGS AND
RECOMMENDATIONS

Plaintiffs,
vs.

DENBURY ONSHORE LLC,a

Delaware Corporation, and
DENBURY OPERATING

COMPANY,a Delaware Coiporation,
Defendants.

Before the Court are United States Magistrate Judge Kathleen DeSoto's

Findings and Recommendations, filed January 4, 2024. (Doc. 255). Judge DeSoto

recommended the Court grant in part and deny in part Plaintiffs Giacometto Ranch
Inc.'s, Tom Giacometto's, and Robert Giacometto's Motion to Hold Denbury in
Contempt, to Sanction Denbury, and to Continue Trial ofPlaintiffs(Doc. 169).

The parties were required to file written objections within 14 days ofthe filing
ofJudge DeSoto's Findings and Recommendations. 28 U.S.C.§ 636(b)(1). Neither
Plaintiffs nor Defendants objected to the Findings and Recommendations, and so