W.V.G. v. Billings Clinic et al

Filing 30

CERTIFICATION UNDER 28 U.S.C. § 2403 AND FED. R. CIV. P. 5.1(b). Signed by Magistrate Judge Timothy J. Cavan on 5/16/2017. (Hard copy mailed to the Office of Attorney General for the State of Montana, as directed.) (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
W.V.G. a minor, by his father, guardian
and Next Friend, William V. Graham,
III ,
Plaintiff,

CV 17-1-BLG-SPW-TJC

CERTIFICATION UNDER 28
U.S.C. § 2403 AND FED. R.
CIV. P. 5.1(b)

vs.
BILLINGS CLINIC, a corporation,
MAUREEN C. LUCAS, M.D.,
Defendant.

Pursuant to the directive set forth in 28 U.S.C. § 2403 and Federal Rule of
Civil Procedure 5.1(b), the United States District Court for the District of Montana
hereby certifies to the Honorable Tim Fox, Attorney General of the State of
Montana, that the validity, under Article II, §§ 4, 16, 17, 26, and 31 and Article III
§ 1 of the Montana Constitution, of the non-economic damage limitation embodied
in Mont. Code Ann. § 25-9-411 and the payment of damages provision embodied
in Mont. Code Ann. § 25-9-412, have been placed at issue in the above referenced
case.
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The Clerk of Court is directed to serve a copy of this certification on the
Attorney General of the State of Montana.

DATED this 16th day of May, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge