Anderson et al v. Montana Department of Public Health and Human Services et al

Filing 161

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations are ADOPTED IN FULL. The Department's 117 Motion for Summary Judgment is adopted in part and denied in part. Plaintiff' ;s 106 Motion for Partial Summary Judgment filed by William Hunt, Jr., Makayla Anderson, Kari Anderson is GRANTED in part and DENIED in part. Plaintiff's 109 MOTION for Partial Summary Judgment (Fault & Causation) is DENIED.. Signed by Judge Susan P. Watters on 3/26/2024. (EMH)

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

BCARI ANDERSON,for herself and on
behalf of her minor child, L.A., and
MAKAYLA ANDERSON,
Plaintiffs,

CV 20-77-BLG-SPW

ORDER

vs.

STATE OF MONTANA,by and
through the MONTANA
DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES,
Defendant.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations,filed February 20,2024. (Doc. 155). Judge Cavan

recommended the Court grant in part and deny in part Defendant State of Montana,
by and through the Montana Department ofPublic Health and Human Services'(the
"Department") Motion for Summary Judgment Re: Affirmative Defenses (Doc.
117). (Doc. 155 at 50). He also recommended the Court grant in part and deny in

part Plaintiffs Kari Anderson's ("Kari"), Makayla Anderson's ("Makayla"), and

L.A.'s' Motion for Partial Summary Judgment Re: Affirmative Defenses (Doc.

1. The Court refers to minors by their initials.