Wynia v. SPF Energy, Inc et al

Filing 29

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. IT IS FURTHER ORDERED that Plaintiff Wynia's Amended Complaint is STRICKEN AND DENYING 2 Motion to Dismiss for Failure to State a Claim. Signed by Judge Susan P. Watters on 8/24/2017. (AMC)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JOSH WYNIA, CV 16-173-BLG-SPW Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. SPF ENERGY, INC. and FARSTAD OIL, INC., Defendants. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on July 31, 2017. (Doc. 23). Judge Cavan recommends that this Court deny Defendants SPF Energy, Inc. 'sand Farstad Oil, Inc.'s Motion to Dismiss (Doc. 2). Judge Cavan also recommends that Wynia's Amended Complaint (Doc. 8) be stricken. 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. 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 1 422, 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. 23) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff Wynia's Amended Complaint (Doc. 8) is STRICKEN; and Defendants' Motion to Dismiss (Doc. 2) is DENIED. <:{ DATED this~ day of August, 2017. /SUSANP. WATTERS United States District Judge 2

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