Estate of Michael Ostby v. Yellowstone County

• Court: District Court, D. Montana
• Decided: February 3, 2020
• Docket: 1:17-cv-00124
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT ca □□ FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FEB 3 2020 Clerk, U S District Cot District Of Montana ESTATE OF MICHAEL OSTBY, et | Balings al., CV 17-124-BLG-SPW Plaintiffs, . ORDER ADOPTING VS. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS YELLOWSTONE COUNTY, . Defendant.

The United States Magistrate Judge filed Findings and Recommendations on January 13, 2020. (Doc. 119). The Magistrate recommended the Court grant in part and deny in part Yellowstone County’s partial motion for judgment on the pleadings and deny the Plaintiff’s motion for partial summary judgment. (Doc. 119 at 1-2). 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. 119) are ADOPTED IN FULL. IT IS FURTHER ORDERED Yellowstone County’s motion for partial judgment on the pleadings (Doc. 84) is granted with respect to the Plaintiff's failure to train claim, and otherwise denied. IT IS FURTHER ORDERED the Plaintiffs motion for partial summary judgment (Doc. 90) is denied.

DATED this aby of February, 2020.

Bdcace, Milde: SUSAN P. WATTERS United States District Judge