United States, for the use of, Whitetail General Constructors, LLC, a Montana limited liability company v. Northcon, Inc., an Idaho corporation, and Nationwide Mutual Insurance Company, an Ohio corporation

Summary

The United States District Court for the District of Montana adopts the magistrate judge’s Findings and Recommendation in this construction contract and payment-bond case. The court grants the defendants’ motion for summary judgment as to Count 4, denies it in all other respects, and denies the plaintiff’s motion for partial summary judgment.

Holdings

1. When neither party objects to a magistrate judge's findings and recommendation, the district court reviews the recommendation for clear error.
2. The magistrate judge's findings and recommendation were adopted in full; Defendants' motion for summary judgment was granted as to Count 4 and denied in all other respects, and Plaintiff's motion for partial summary judgment was denied.

Questions Presented

1. Whether the magistrate judge's findings and recommendation should be adopted when no party filed objections.
2. Whether Defendants' motion for summary judgment should be granted as to Count 4 and denied in all other respects.
3. Whether Plaintiff's motion for partial summary judgment should be denied.

Disposition

other