Scheitzach v. Wells Fargo Bank, National Association et al
Filing
11
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed 10 Findings and Recommendations entered by United States Magistrate Judge Cavan are ADOPTED IN FULL. IT IS FURTHER ORDERED that Wells Fargo's partial motion to dismiss 4 is GRANTED. Counts II and III of the complaint are dismissed with prejudice and without leave to amend. Signed by Judge Susan P. Watters on 2/16/2018. (EMH)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
fEB 1 6 2018
u s Qistnct court
Clerk,
' ' ntana
District 0, t.. o
Bi\::ngs
ARLENE SCHEITZACK,
CV 17-100-BLG-SPW
Plaintiff,
vs.
WELLS FARGO BANK, NATIONAL
ASSOCIATION and DOES I-V,
ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS
Defendants.
Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on January 29, 2018. (Doc. 10). Judge
Cavan recommends that this Court grant Wells Fargo's partial motion to dismiss.
(Doc. 4).
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. 10) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Wells Fargo's partial motion to dismiss
(Doc. 4) is GRANTED. Counts II and III of the complaint are dismissed with
prejudice and without leave to amend.
DATED this ~ ~ o f February, 2018.
L-et0~
SUSANP. WATTERS
United States District Judge
2
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