AARESTAD v. Tricon Timber, LLC

Filing 110

ORDER denying 53 Motion for Partial Summary Judgment and adopting Findings and Recommendations 78 in full. Signed by Judge Dana L. Christensen on 4/16/2018. (ASG)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

APR 16 2018
qte"!<, U.S Courts
D1~tnct Of Montana
Missoula Division

JOAN AARESTAD,
CV 16-51-M-DLC-JCL
Plaintiff,
ORDER

vs.
TRICON REALTY, INC., and,
MINERAL COUNTRY, a political
subdivision of the State of Montana,
Defendants.

United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on October 23, 201 7, recommending that Plaintiff
Joan Aarestad's ("Aarestad") Motion for Partial Summary Judgment against
Defendant Mineral County be denied.

Aarestad failed to timely object to the

findings and recommendations, and so waived the right to de novo review of the
record.

28 U.S.C. § 636(b )(1 ).

clear error.

The Court will therefore review the record for

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d

1309, 1313 (9th Cir. 1981).
After reviewing the record and finding no clear error, the Court agrees with
Judge Lynch that Aarestad has failed to demonstrate the absence of a genuine issue
of material fact regarding her abandonment and prescriptive easement theories.
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Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 78) are ADOPTED IN FULL.

Plaintiff Aarestad's

Motion for Partial Summary Judgment (Doc. 53) is DENIED.
DATED this ~day of April, 2018.

Dana L. Christensen, Chief Judge
United States District Court

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