Galilea, LLC v. Pantaenius America Limited

District Court, D. Montana

Galilea, LLC v. Pantaenius America Limited

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

GALILEA, LLC and TAUNIA KITTLER, CV 18-131-BLG-SPW Plaintiffs, ORDER ADOPTING VS. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS PANTAENIUS AMERICAN LIMITED, ANDREA M. GIACOMAZZA. AGCS MARINE INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, and TORUS INSURANCE COMPANY, Defendants.

The United States Magistrate Judge filed Findings and Recommendations on Defendant Andrea M. Giacomazza’s Motion to Dismiss. (Doc. 34). The Magistrate recommended that Giacomazza’s motion be granted. (Doc. 50 at 2). Pursuant to

28 U.S.C. § 636

(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313

(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” United States v. Syrax,

235 F.3d 422, 427

(9th Cir. 2000). After reviewing the Findings and Recommendation, this Court does not find that the Magistrate committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 50) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Giacomazza’s Motion to Dismiss (Doc. 34) is GRANTED and Plaintiffs’ claims against her (Counts I-VII) are DISMISSED.

DATED this Liey of April 2021.

2 wraeeiomess. ft Cette SUSAN P. WATTERS United States District Judge

Reference

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