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

Filing 89

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 78) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendants' Motion for Pa1iial SummaryJudgment (Doc. 50) is GRANTED and Plaintiffs' Rule 56(d) Motion (Doc. 60) is DENIED. Signed by Judge Susan P. Watters on 11/12/2020. (EMH)

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

FILED
NOV 12 2020

GIACOMETTO RANCH INC. a
Montana Corporation, TOM
GIACOMETTO, a resident of
Montana, and ROBERT
GIACOMETTO, a resident of South
Dakota,

CV 16-145-BLG-SPW

Clerk, U S District Court
District Of Montana
Billings

ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS

Plaintiffs,
vs.
DENBURY ONSHORE LLC, a
Delaware Corporation, and
DENBURY OPERATING
COMPANY, a Delaware Corporation,
Defendants.

The United States Magistrate Judge filed Findings and Recommendations on
July 15, 2020. (Doc. 78). The Magistrate recommended that Defendants' Motion
for Partial Summary Judgment (Doc. 50) be granted and Plaintiffs' Rule 56(d)
Motion (Doc. 60) be denied. (Doc. 78 at 29).
Pursuant to 28 U.S.C. § 636(b)(l), parties are required to file written
objections within 14 days of the filing of the Magistrate's Findings and
Recommendation. No objections were filed. When neither party objects, this
Court reviews the Magistrate's Findings and Recommendation for clear error.
1

McDonnell Douglas Corp. v. Commodore Bus. Mach., inc., 656 F.2d 1309, 1313
(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 Recommendation, this
Court does not find that the Magistrate committed clear error.
IT IS ORDERED that the proposed Findings and Recommendations entered
by the United States Magistrate Judge (Doc. 78) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendants' Motion for Pa1iial Summary
Judgment (Doc. 50) is GRANTED and Plaintiffs' Rule 56(d) Motion (Doc. 60) is
DENIED.

DATED this ,Q� of November, 2020.

L e_J,u:t-�
Sl.JSANP.WATTERS
United States District Judge

2