Maas v. City of Billings, Montana et al

Filing 75

ORDER ADOPTING 68 FINDINGS AND RECOMMENDATIONS in full; granting 51 , 53 Motion for Summary Judgment. Signed by Judge Brian Morris on 7/19/2021. Mailed to Maas (TAG)

Case 1:19-cv-00079-BMM Document 75 Filed 07/19/21 Page 1 of 3

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

DARLENE MAAS,
Plaintiff,
vs.

No. 1:19-cv-79-BMM-KLD
ORDER

CITY OF BILLINGS, MONTANA;
BILLINGS, MONTANA POLICE
DEPARTMENT; CHIEF RICH ST.
JOHN, CAPTAIN CONRAD,
OFFICER KEIGHTLEY, OFFICER
LANGE, OFFICER AGUILAR,
OFFICER SCHAFF, and JOHN DOES
1-10,
Defendants.

United States Magistrate Judge Kathleen L. Desoto entered her Findings and
Recommendations in this case on June 9, 2021. (Doc. 68). Judge Desoto
recommended that Defendant City of Billings’ Motion for Summary Judgment
(Doc. 51) be GRANTED and Defendants Officer Keightly, Officer Lange, Officer
Aguilar, Officer Schaff, Sergeant Conrad, and Chief St. John’s Motion for
Summary Judgment (Doc. 53) GRANTED, and this case be DISMISSED. (Doc.
68). Maas filed a 42-page objection to Judge Desoto’s Findings and
Recommendations on July 8, 2021. (Doc. 73).

Case 1:19-cv-00079-BMM Document 75 Filed 07/19/21 Page 2 of 3

The Court reviews de novo those Findings and Recommendations to which a
party timely objected. 28 U.S.C. § 636(b)(1). The Court reviews for clear error the
portions of the Findings and Recommendations to which the party did not
specifically object. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,
656 F.2d 1309, 1313 (9th Cir. 1981). Where a party’s objections constitute
perfunctory responses argued in an attempt to engage the district court in a
reargument of the same arguments set forth in the original response, however, the
Court will review the applicable portions of the findings and recommendations for
clear error. Rosling v. Kirkegard, 2014 WL 693315 *3 (D. Mont. Feb. 21, 2014)
(internal citations omitted).
Maas’s objections advance the same arguments that she raised before. The
Court will not engage in Maas’s attempt to reargue the same issues. The Court
reviewed Judge Desoto’s Findings and Recommendations for clear error. The
Court finds no error.
IT IS ORDERED that Judge Desoto’s Findings and Recommendations
(Doc. 68) are ADOPTED IN FULL.
1. Defendant City of Billings’ Motion for Summary Judgment (Doc. 51)
and Defendants Officer Keightly, Officer Lange, Officer Aguilar, Officer
Schaff, Sergeant Conrad, and Chief St. John’s Motion for Summary
Judgment (Doc. 53) are GRANTED;
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Case 1:19-cv-00079-BMM Document 75 Filed 07/19/21 Page 3 of 3

2. The Clerk of Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
DATED this 19th day of July, 2021.

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