U Hanging Seven Ranch, Inc. v. ONEOK Elk Creek Pipeline, LLC
U Hanging Seven Ranch, Inc. v. ONEOK Elk Creek Pipeline, LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
U HANGING SEVEN RANCH, INC., a Montana profit corporations, CV 22-21-BLG-SPW QUARTER CIRCLE UU RANCH, a Montana profit corporation, and CODY JOHNSON, individually, ORDER ADOPTING MAGISTRATE’S FINDINGS Plaintiffs, AND RECOMMENDATIONS
vs. ONEOK ELK CREEK PIPELINE, L.L.C., a foreign limited liability company, Defendant.
The United States Magistrate Judge filed Findings and Recommendations on Plaintiffs’ Motion to Remand (Doc. 6) on August 1, 2022. (Doc. 22). U.S. Magistrate Kathleen DeSoto recommended that the motion be granted pursuant to
28 U.S.C. § 1447(d) based on the forum selection clauses in the parties’ underlying contracts. (Doc. 22 at 12). 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. 22) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiffs’ Motion to Remand (Doc. 6) is GRANTED.
DATED this 7 a of September, 2022.
SUSAN P. WATTERS United States District Judge
Reference
- Status
- Unknown