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)

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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. ยง 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. -1- 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 -2-

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