Sides et al v. Global Travel Alliance, Inc.
Filing
98
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL GRANTING 63 MOTION to Strike or Deny Class Certification, DENYING 80 Motion for Partial Summary Judgment; GRANTING 83 Motion for Partial Summary Judgment. Signed by Judge Susan P. Watters on 3/24/2023. (AMC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
LISA SIDES,et al.,
CV 20-53-BLG-SPW
Plaintiffs,
ORDER ADOPTING
vs.
FINDINGS AND
GLOBAL TRAVEL ALLIANCE,
INC.,
RECOMENDATIONS
Defendant.
Before the Court are U.S. Magistrate Judge Cavan's Findings and
Recommendations(Doc.91)regarding Plaintiff Lisa Sides et aVs Motion for
Partial Summary Judgment(Doc. 80)and Defendant Global Travel Alliance's
Motion for Summary Judgment(Doc. 83)and Motion to Strike or Deny Class
Certification(Doc. 63). Judge Cavan recommends that the Court deny Plaintiffs'
motion and grant Defendant's motions. (Doc. 91 at 2). Plaintiffs timely filed
objections. (Doc. 94). Defendant filed a response to those objections. (Doc. 97).
For the following reasons, the Court adopts Judge Cavan's recommendations.
I.
Background
more time. Plaintiffs have not stated what further evidence in support of class
certification they hope to find nor provided any sort of schedule or timeline for the
Court.
3. Plaintiffs' Third Obiection
Finally, Plaintiffs state that the Magistrate conflated damage differences
between the Plaintiffs as a lack of commonality or typicality in his evaluation of
the class certification factors. (Id. at 23-24). This objection is unavailing. The
Magistrate relied upon his previous findings on class certification when
determining the motion to strike. (Doc. 91 at 16). Plaintiffs did not object to those
findings when they were adopted by this Court. (See Doc. 4 7 at 5-6). They cannot
now complain of errors in that analysis. The Court adopts the Magistrate's
findings regarding Defendant's motion to strike.
IV.
Conclusion
IT IS ORDERED that the proposed Findings and Recommendations entered
by the United States Magistrate Judge (Doc. 91) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that:
1. Plaintiff's Motion for Partial Summary Judgment (Doc. 80) is DENIED;
2. Defendant's Motion for Partial Summary Judgment (Doc. 83) is
GRANTED;and
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