Preferred Contractors Insurance Company Risk Retention Group LLC v. Amtrust North America,Inc. et al

Filing 21

ORDER adopting Findings and Recommendations. IT IS ORDERED that the proposed Findings and Recommendation for disposition of this matter entered by United States Magistrate Judge Cavan 20 are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Amtrust's request for costs and attorney fees (Doc. 6) is DENIED. Signed by Judge Susan P. Watters on 6/12/2017. (EMH)

FILED

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

JUN 12 2017
Clerk, U.S. District Court
District Of Montana
Billings

PREFERRED CONTRACTORS
INSURANCE COMPANY RISK
RETENTION GROUP, LLC,

MC 16-10-BLG-SPW-TJC

Plaintiff,

ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATION

vs.
AMTRUST NORTH AMERICA, INC.
and TECHNOLOGY INSURANCE
COMPANY, INC.,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendation filed on May 24, 2017. (Doc. 20). Judge Cavan
recommends that this Court deny Defendant Amtrust' s request for costs and
attorney fees. (Doc. 6).
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 Cavan's Findings and
Recommendation. No objections were filed. When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendation for clear error.
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

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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 Judge Cavan committed clear error.
IT IS ORDERED that the proposed Findings and Recommendation for
disposition of this matter entered by United States Magistrate Judge Cavan (Doc.
20) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendant Amtrust's request for costs and
attorney fees (Doc. 6) is DENIED.
The Clerk of Court is directed to close this matter.
DATED this /o?'&yof June, 2017.

~If~
SUSANP. WATTERS
United States District Judge

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