United States District Court, D. Montana, Billings Division
May 28, 2014
WILLIAM J. PAATALO, Plaintiff,
FIRST AMERICAN TITLE COMPANY OF MONTANA, INC., et al., Defendants.
SAM E. HADDON, District Judge.
On May 14, 2014, United States Magistrate Judge Carolyn S. Ostby entered her Findings and Recommendations on the Motion to Dismiss Defendants Mackoff Kellogg Law Firm - Charles I Peterson, and Jason J. Henderson Plaintiff filed objections on May 23, 2014. The Court reviews de novo findings and recommendations to which objections are made. 28 § 636(b)(1).
Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full.
1. Motion to Dismiss Defendants Mackoff Kellogg Law Firm - Charles J. Peterson, and Jason J. Henderson is GRANTED as to Plaintiff Paatalo's claims for Breach of Contract (Count I), Breach of Implied Covenant of Good Faith and Fair Dealing (Count II), and Violations of the Fair Debt Collection Practices Act (Count VII) and are DISMISSED with prejudice; and
2. Motion to Dismiss Defendants Mackoff Kellogg Law Firm - Charles J. Peterson, and Jason J. Henderson is DENIED as to Plaintiff Paatalo's claims for Fraud (Count III); Constructive Fraud (Count IV); and Negligent Misrepresentation (Count V).