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

THE CHARTER OAK FIRE INSURANCE COMPANY, CV 22-132-BLG-SPW Plaintiff, ORDER ADOPTING vs. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS JON SHERNER, et al., Defendant.

The United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on December 29, 2023. (Doc. 43). The Magistrate recommended the Court grant Plaintiff The Charter Oak Insurance Company’s Motion for Summary Judgment and deny Defendants Jon Sherner and Tracey Sherner’s Motion for Summary Judgment. (dd. at 2). 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. 43) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Plaintiff The Charter Oak Insurance

Company’s Motion for Summary Judgment (Doc. 17) is GRANTED and Defendants

Jon Sherner and Tracey Sherner’s Motion for Summary Judgment (Doc. 24) is

DENIED. DATED this /” day of January, 2024.

SUSAN P. WATTERS United States District Judge