Sides et al v. Global Travel Alliance, Inc.

Filing 47

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. Plaintiff's Motion to Certify Class (Doc. 12) is DENIED; and Global Travel's Motion to Dismiss (Doc. 14) is GRANTED as to Count I, GRANTED with leave to amend as to Count IV, and DENIED in all other respects. Signed by Judge Susan P. Watters on 11/9/2021. (AMC)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

LISA SIDES,etaL,
CV 20-53-BLG-SPW

Plaintiffs,
ORDER ADOPTING

vs.

FINDINGS AND

GLOBAL TRAVEL ALLIANCE,

RECOMENDATIONS

INC.,
Defendant.

Before the Court are U.S. Magistrate Judge Cavan's Findings and
Recommendations(Doc. 36)regarding Plaintiff Lisa Sides et aVs Motion for Class
Certification (Doc. 12) and Defendant Global Travel Alliance's Motion to Dismiss

(Doc. 14). Plaintiffs raised six claims in their operative Third Amended
Complaint: negligence, breach of contract, violations ofthe Montana Consumer

Protection Act(MTCPA),declaratory and injunctive relief, an equitable
constructive trust, and the previously mentioned class action certification. Global

Travel moved for dismissal of all six claims. Judge Cavan recommended denying
class certification and granting in part and denying in part Global Travel's motion

to dismiss. (Doc. 36 at 1-2). Specifically, Judge Cavan recommended dismissing
the negligence claim and the declaratory and injunctive relief claim, as well as

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