Eaton v. Montana Silversmiths

Filing 110

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND GRANTING 54 Motion to Dismiss. COUNT 7 OF EATON'S 4TH AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. Signed by Judge Susan P. Watters on 3/1/2021. (Copy mailed to Eaton) (AMC)

Case 1:18-cv-00065-SPW-TJC Document 110 Filed 03/01/21 Page 1 of 7

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

ROBERT A. EATON,
CV 18-65-BLG-SPW

Plaintiff,
ORDER ADOPTING

vs.

FINDINGS AND

MONTANA SILVERSMITHS.

RECOMMENDATIONS

Defendant.

Before the Court are U.S. Magistrate Judge Cavan's Findings and
Recommendations(Doc. 79) on Defendant Montana Silversmiths' Partial Motion

to Dismiss(Doc. 54)on Count VII ofPlaintiff Robert Eaton's Fourth Amended
Complaint. (Doc. 48). Judge Cavan recommended that Count VII be dismissed

for failure to state a claim upon which relief may be granted. (Doc. 79 at 1).
Eaton, representing himselfpro se, timely filed an objection. (Doc. 80). Montana
Silversmiths ("Silversmiths") responded to Eaton's objection. (Doc. 82). For the
following reasons, the Court adopts the Findings and Recommendations in their
entirety.
I.

Background

The instant motion arises from Eaton's Fourth Amended Complaint, in which
he added an additional count(Count VII) alleging that Silversmiths "breached their
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