Lopez v. Extended Stay America #7065 ESA P Portfolio, LLC et al
Filing
12
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed Findings and Recommendations entered by United States Magistrate Judge Cavan 10 are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff Angela Lopez's Motion to Remand 6 is DENIED. Signed by Judge Susan P. Watters on 4/19/2017. (EMH)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
FILED
,, l . ..,,.,
_,
ANGELA LOPEZ,
CV 16-150-BLG-SPW
Plaintiff,
vs.
EXTENDED STAY AMERICA #7065
ESA P PORTFOLIO, LLC, ESA P
PORTFOLIO OPERATING LESSEE,
LLC, formerly known as ESA P
PORTFOLIO OPERATING LESSEE,
INC. as subsidiaries of ESH
HOSPITALITY HOLDINGS, LLC,
ESA MANAGEMENT LLC, successor
in interest to HVM, LLC John Doe,
ESA, LLC and EXTENDED ST AY
AMERICA, INC.,
ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS
Defendants.
Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on March 28, 2017. (Doc. 10). Judge Cavan
recommends that this Court deny the Plaintiff's Motion to Remand (Doc. 6).
Pursuant to 28 U.S.C. ยง 636(b)(l), 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.
1
. , 4*V
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
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. 10) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Plaintiff Angela Lopez's Motion to
Remand (Doc. 6) is DENIED.
'-/ADATED this _ifday of April, 2017.
~~-0~
"
SUSAN P. WATTERS
United States District Judge
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