Yellowstone Rental Properties, LLC v. United Financial Casualty Company ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION YELLOWSTONE RENTAL PROPERTIES, LLC, CV 21-79-BLG-SPW Plaintiff, ORDER ADOPTING vs. FINDINGS AND RECOMMENDATIONS KRAFT LAKE INSURANCE AGENCY, INC., Defendants. Before the Court are United States Magistrate Judge Timothy Cavan’s Findings and Recommendations, filed November 21, 2023. (Doc. 101). Judge Cavan recommended the Court grant Defendant Kraft Lake Insurance Agency Inc.’s Motion to Vacate Default Judgment (Doc. 71). The parties were required to file written objections within 14 days of the filing of Judge Cavan’s Findings and Recommendations. 28 U.S.C. § 636(b)(1). Neither party objected to the Findings and Recommendations, and so waived their right to de novo review of the record. See 28 U.S.C. § 636(b)(1)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985), Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” Government of Guam v. Guerrero, 11 F.4th 1052, 1059 (9th Cir. 2021) (quoting CLR. v. Duberstein, 363 U.S. 278, 291 (1960)). After reviewing the Findings and Recommendations, this Court does not find that Judge Cavan committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Cavan’s Findings and Recommendations (Doc. 101) are ADOPTED IN FULL. 2. Defendant Kraft Lake Insurance Agency, Inc.’s Motion to Vacate Default Judgment (Doc. 71) is GRANTED. DATED this Le tay of December, 2023. > Leh Agel tt United States District Judge