Lee v. BNSF Railway Company

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND DENYING WITHOUT PREJUDICE 3 Motion to Dismiss for Failure to State a Claim. FURTHER ORDERED 9 Motion to Remand IS GRANTED as to the remand of Counts I-V and DENIED as to costs and attorneys fees. Signed by Judge Susan P. Watters on 8/31/2017. (Emailed copy of this order to State Court for notification of the remand) (AMC)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION SCOTT LEE, CV 17-09-BLG-SPW Plaintiff, ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS vs. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant. Before the Court are United States Magistrate Judge Timothy Cavan's Findings and Recommendations filed on August 14, 2017. (Doc. 18). Judge Cavan recommends that this Court grant Lee's motion to remand in part, deny the motion in part, and deny BNSF's motion to dismiss. (Id.). 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. 18) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Lee's Motion to Remand (Doc. 9) is GRANTED as to the remand of Counts I-V, and DENIED as to costs and attorney's fees. IT IS FURTHER ORDERED that BNSF's Motion to Dismiss (Doc. 3) is DENIED without prejudice as the Court does not have jurisdiction to consider it. sr DATED this ~I day of August, 2017. SUSANP. WATTERS United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?