Allstate Fire and Casualty Insurance Company v. Matteson et al

Filing 49

ORDER adopting 48 Findings and Recommendations. IT IS ORDERED that the proposed Findings and Recommendation for disposition of this matter entered by United States Magistrate Judge Cavan (Doc. 48) are ADOPTED IN FULL. IT IS FURTHER ORDERED that all pending motions (Docs. 20, 21, and 31) be DENIED. IT IS FURTHER ORDERED that the case be REMANDED to the Montana Thirteenth Judicial District Court, Yellowstone County, for all further proceedings. Signed by Judge Susan P. Watters on 1/3/2018. (EMH)

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

FILED
JAN O3 2018
Clerk, U S District Court
District Of Montana
Billings

ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,

CV 17-31-BLG-SPW

Plaintiff,
ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATION

vs.
KRISTIE MATTESON, et al.,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendation filed on December 13, 2017. (Doc. 48). Judge
Cavan recommends that all pending motions (Docs. 20, 21, and 31) be denied as
moot and the case be remanded to state court, for all further proceedings.
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
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 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 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.
48) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that all pending motions (Docs. 20, 21, and
31) be DENIED.
IT IS FURTHER ORDERED that the case be REMANDED to the Montana
Thirteenth Judicial District Court, Yellowstone County, for all further proceedings.
The Clerk of Court is directed to close this matter.
DATED this d._f'aay of January 2018.

~~v~
SUSANP.WATTERS
United States District Judge

2