Rapp v. Hampton Inns Management LLC

Filing 39

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 6 Motion to Dismiss for Failure to State a Claim; denying 30 Motion for Summary Judgment. Signed by Judge Brian Morris on 8/29/2018. (APP) Copy to Rapp

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JEFFREY S. RAPP,
Plaintiff,

CV 18-16-BU-BMM

vs.
HAMPTON MANAGEMENT LLC,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

Defendant Hampton Inns Management LLC (“Hampton”) filed a Fed R. Civ
P. 12(b)(6) motion to dismiss Plaintiff Jeffrey Rapp’s complaint. Plaintiff Rapp
filed two pleadings titled “Demand for Summary Judgment,” and “Motion to
Compell [sic] Truthful answers Participate in Mediation.”
United States Magistrate Judge Jeremiah Lynch issued Findings and
Recommendations in this matter on July 24, 2018. (Doc. 35.) Judge Lynch
recommended Hampton’s motion to dismiss be granted as to Rapp’s allegations of
defamation that are predicated upon Robert Blom’s statements to the Department
of Labor and workers’ compensation officials. Judge Lynch further recommended
Hampton’s motion should be denied in all further respects. As to Rapp’s motions,
Judge Lynch recommended that the motion for summary judgment be denied and
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ordered Rapp’s motion to compel denied as unsupported and unnecessary. Neither
Party filed objections to Judge Lynch’s Findings and Recommendations.
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings
and Recommendations, and adopts them in full.
IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 35), are ADOPTED IN FULL.
DATED this 29th day of August, 2018.

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