Hochhalter Inc v. Diamond State Insurance Company et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. 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 Hochhalter's motion for remand (Doc. 5) is GRANTED. IT IS FURTHER ORDERED that Hochhalter's request for attorney fees is DENIED. Signed by Judge Susan P. Watters on 11/27/2017. (EMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
NOV 27 2017
Clerk , U S District court
District Qt Montana
Billings

HOCHHALTER INC., doing business
as Far West Casino,

CV 17-30-BLG-SPW

Plaintiff,
ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS

vs.
DIAMOND STATE INSURANCE
COMPANY and MONTANA
CLAIMS SERVICE OF BILLINGS,
INC.,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on November 8, 2017. (Doc. 10). Judge
Cavan recommends that this Court grant Hochhalter' s motion for remand and deny
Hochhalter's request for attorney fees. (Doc. 5).
Pursuant to 28 U.S.C. § 636(b )(1 ), 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

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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 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 Hochhalter's motion for remand (Doc. 5)
is GRANTED.
IT IS FURTHER ORDERED that Hochhalter's request for attorney fees is
DENIED.
The Clerk of Court shall remand this case to the appropriate state district
court and close this matter.
~

DATED thisor7 day of November, 2017.

~ ~~
SUSANP. WATTERS
United States District Judge

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