McColl v. American Naturopathic Council et al

Filing 132

ORDERED: Adopting Findings and Recommendations re 128 . AIC'S Motion for Partial Summary Judgment (1) Misrepresentation; (2) Licensed Adjustor is GRANTED. Plaintiff's Motion to Join Party is GRANTED. Plaintiffs Motion for Leave to Move to Reinstate Judgment is DENIED. Signed by Judge Sam E Haddon on 8/21/2018. (HEG)

FILED
A G 2 1 2018
U
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
TINA McCOLL,
Plaintiff,

No. CV 17-40-H-SEH

vs.

ORDER
ALLIED PROFESSIONALS
INSURANCE COMPANY,
Defendant.
On August 6, 2018, United States Magistrate Judge Timothy J. Cavan
issued Findings and Recommendation granting Defendant Allied Professionals
Insurance Company's ("AIC") Motion for Partial Summary Judgment (1)
Misrepresentation; (2) Licensed Adjustor 1 and granting in part and denying in part

1

Doc. 52.

Plaintiff's Motion to Join Party and for Leave to Move to Reinstate Judgment. 2 No
objections to the Findings and Recommendation were filed. No review is required
of proposed findings and recommendations to which no objection is made.3 The
Court nevertheless will review Judge Cavan's Findings and Recommendation for
clear error.
Upon review of the record, the Court finds no clear error and accepts and
confirms Judge Cavan's recommendation on: (1) AIC's motion for partial
summary judgment and; (2) Plaintiff's motion for joinder by amended complaint
permitting: (a) Plaintiff to file the proposed Second Amended Complaint naming
American Naturopathic Council ("ANC") as a defendant; and (b) denying
Plaintiff's request to file a motion to reinstate default judgment against ANC.
ORDERED:
1.

AIC'S Motion for Partial Summary Judgment (1) Misrepresentation;

(2) Licensed Adjustor4 is GRANTED.
2.

Plaintiff's Motion to Join Party is GRANTED. 5

2

Doc. 74.

3

Thomas v. Arn, 474 U.S. 140, 149-152 (1986).

4

Doc. 52.

5

Doc. 74.

3.

Plaintiffs Motion for Leave to Move to Reinstate Judgment is

DENIED. 6
DATED this

s+
J./-- day of August, 2018.

~!~qlhV
United States District Judge

6

Doc. 74.