Gersh v. Anglin
Filing
86
ORDER adopting in full 75 Findings and Recommendations. Signed by Judge Dana L. Christensen on 5/7/2018. (NOS)
Case 9:17-cv-00050-DLC-JCL Document 86 Filed 05/07/18 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
FILED
MAY 0 7 2018
Cle~, (!.S District Court
District_ Montana
Of
MISSOula
TANYA GERSH,
CV 17-50-M-DLC-JCL
Plaintiff,
vs.
ORDER
ANDREW ANGLIN,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations in this case on March 21, 2018, recommending that Defendant
Andrew Anglin's ("Anglin") Motion to Dismiss be denied to the extent it seeks
dismissal for lack of subject matter jurisdiction pursuant to Rule 12(b)( 1) and for
lack of personal jurisdiction based on insufficient service of process pursuant to
Rule 12(b)(5).
Anglin failed to timely object to the findings and
recommendations, and so waived the right to de novo review of the record.
U.S.C. ยง 636(b )(1 ).
28
The Court will therefore review the record for clear error.
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 Anglin's Motion to Dismiss shall be denied pursuant to Rule
-1-
Case 9:17-cv-00050-DLC-JCL Document 86 Filed 05/07/18 Page 2 of 2
12(b)(1) and Rule 12(b)(5).
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Doc. 75) are ADOPTED IN FULL.
DATED this
-=f ~day of May, 2018.
Dana L. Christensen, Chief Judge
United States District Court
- 2-
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