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

THE CITY OF MILES CITY, a political subdivision of the State of CV 21-68-BLG-SPW Montana, Plaintiff, ORDER ADOPTING MAGISTRATE’S FINDINGS Vs. AND RECOMMENDATIONS ECKART TRUCKING, INC., Defendant.

The United States Magistrate Judge filed Findings and Recommendations on December 14, 2021. (Doc. 18). The Magistrate recommended that the case be remanded back to the Montana Sixteenth Judicial District Court, Custer County, and that Miles City’s Motion for Attorney’s Fees and Costs be denied. (Doc. 18 at 9). Pursuant to

(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.,

(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,

(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. 18) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff's Motion for Remand (Doc. 6) is GRANTED in part and DENIED in part. The case is remanded to the Montana Sixteenth Judicial District Court, Custer County. Plaintiff's motion for Attorney’s Fees and Costs is DENIED.

DATED this 9“day of January, 2022.

SUSAN P. WATTERS United States District Judge