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)

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. § 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

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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

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