Baker v. The Hartford Financial Services Group, Inc. et al
Filing
24
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - granting 17 Motion to Dismiss. Signed by Judge Dana L. Christensen on 2/19/2016. (APP, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
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Cle~.
18 2016
y.s. District Court
District Of Montana
Missoula
CV 15-74-M-DLC-RWA
TROY BAKER,
Plaintiff,
ORDER
vs.
HARTFORD LIFE AND ACCIDENT
INSURANCE CO., and GENSCO,
INC.,
Defendants.
United States Magistrate Judge Richard W. Anderson entered findings and
recommendations in this case on January 20, 2016, recommending that a motion to
dismiss for failure to state a claim, filed by Defendants Hartford Life & Accident
Insurance Co. and Gensco, Inc., be granted. Plaintiff Troy Baker ("Baker") did
not object to the findings and recommendations, and so has waived the right to de
novo review thereof. 28 U.S.C. ยง 636(b)(1)(C). This Court reviews for clear error
those findings and recommendations to which no party objects. See McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir.
1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is
left with a "definite and firm conviction that a mistake has been committed."
-1-
United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Anderson's conclusion that Baker's action is time-barred,
whether according to the limitations period contained in the insurance contract at
issue in this case, or according to Montana's eight-year statute of limitations on
contract actions. The Court agrees with Judge Anderson that either limitations
period began to run on March 19, 2007, and had expired prior to commencement
of this action on June 24, 2015.
Accordingly, IT IS ORDERED that Judge Anderson's findings and
recommendations (Doc. 23) are ADOPTED IN FULL. Defendants' motion to
dismiss (Doc. 17) is GRANTED, and this case is DISMISSED.
#t
DATED this ~ day ofFebruary, 2016.
Dana L. Christensen, Chief Judge
United States District Court
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