Bagley v. United States

Filing 45

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IT IS SO ORDERED that Judge Cavan's Findings and Recommendations (Doc. 40) are ADOPTED in full as to recommendation to deny summary judgment as to the contractor exception, the discretionary function exception, and the negligence claim. His Findings and Recommendations are REJECTED only as to his reasoning on the applicability of the discretionary function exception. IT IS FURTHER ORDERED that Defendant the United States' Motion for Summary Judgment (Doc. 26) is DENIED.. Signed by Judge Susan P. Watters on 3/26/2024. (EMH)

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

KIMMIE S. BAGLEY,
CV 21-112-BLG-SPW

Plaintiff,
ORDER

vs.

UNITED STATES,
Defendant.

United States Magistrate Judge Timothy Cavan filed Findings and
Recommendations in this matter on February 9, 2024. (Doc. 40). Judge Cavan
recommended the Court deny Defendant the United States' Motion for Summary
Judgment(Doc. 26). (Doc. 40).

The United States timely objected the Findings and Recommendations(Doc.

41), and Plaintiff Kimmie S. Bagley timely filed a response(Doc. 44).
After a careful review ofthe United States' objections,the Court adopts Judge
Cavan's Findings and Recommendations as to his recommendation to deny

summary judgment on the three bases asserted by the United States and rejects his
reasoning on the discretionary fimction exception.
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