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

MARK HAYASHI, CV 23-92-BLG-SPW Plaintiff, Vs. ORDER ADOPTING MAGISTRATE’S FINDINGS TRAVELERS PROPERTY AND AND RECOMMENDATIONS CASUALTY COMPANY OF AMERICA, Defendant.

The United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on November 3, 2023. (Doc. 45). The Magistrate recommended that Plaintiff Mark Hayashi’s Motion to Remand be denied on the grounds that the Court has diversity jurisdiction under

(a) and 1441. (d.). 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. 45) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Plaintiff Mark Hayashi’s Motion to

Remand (Doc. 9) is DENIED.

. « rR DATED this ./) day of November, 2023.

ZL C2 rt > /etatle ones “ SUSAN P. WATTERS United States District Judge