Big Horn County Electric Cooperative, Inc. v. Big Man et al

Filing 139

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. DENYING 83 Motion for Summary Judgment. GRANTING 84 Motion for Summary Judgment. GRANTED 87 Motion for Summary Judgment. Signed by Judge Susan P. Watters on 2/26/2021. (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

BIG HORN COUNTY ELECTRIC

COOPERATIVE,INC.,

CV 17-65-BLG-SPW

Plaintiff,
ORDER ADOPTING
FINDINGS AND

vs.

RECOMMENDATIONS

ALDEN BIG MAN,et al,
Defendants.

Before the Court are U.S. Magistrate Judge Cavan's Findings and
Recommendations(Doc. 129)on the parties' cross-motions for summary

judgment. (Doc. 83, 84, 87). Plaintiff Big Horn County Electric Cooperative
("BHCEC")filed this action against Big Man and several Judges and Justices of
the Crow Tribal Courts and Unknown Members of the Crow Tribal Health Board

("Tribal Defendants") seeking declaratory and injunctive relief in response to a
civil action Big Man brought against BHCEC in Crow Tribal Court. (See Doc. 12). Big Man sued BHCEC in Tribal Court for terminating his electrical service in
January 2012, alleging that BHCEC's actions violated Title 20 of the Crow Law

and Order Code, which bars winter termination of electrical service except with
notice and approval by the Tribal Health Board. (Doc. 1-2). Judge Cavan
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