Galilea, LLC v. Pantaenius America Limited

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