Sage Fin. Props., LLC v. Fireman's Fund Ins. Co.

Full title: SAGE FINANCIAL PROPERTIES, LLC, HORIZON PROPERTIES, INC., Plaintiff, v…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Date published: Jun 6, 2019

CV 19-34-BLG-SPW (D. Mont. Jun. 6, 2019)

Opinion

CV 19-34-BLG-SPW

06-06-2019

SAGE FINANCIAL PROPERTIES, LLC, HORIZON PROPERTIES, INC., Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant.

SUSAN P. WATTERS United States District Judge

ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS

The United States Magistrate Judge filed Findings and Recommendations on May 21, 2019. (Doc. 19). The Magistrate recommended the Court grant the Plaintiff's motion for remand but deny Plaintiff's request for attorney fees. (Doc. 19 at 5).

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. 19) are ADOPTED IN FULL.

IT IS FURTHER ORDERED Plaintiff's motion for remand (Doc. 11) is GRANTED but Plaintiff's request for attorney fees is DENIED.

The case is remanded to Montana's Seventh Judicial District Court, Richland County.

DATED this 6^th day of June, 2019.

/s/_________

SUSAN P. WATTERS

United States District Judge