Lindstrom v. Polaris, Inc. et al

Filing 28

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERD that Judge Cavan's Findings and Recommendations are ADOPTED IN FULL. IT IS ORDERED that Polaris's 16 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. Signed by Judge Susan P. Watters on 9/24/2024. (EMH)

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

JOHN H.LINDSTROM,on behalf of

himself and others similarly situated,

CV 23-137-BLG-SPW

Plaintiff,
ORDER ON MAGISTRATE'S
vs.

FINDINGS AND

RECOMMENDATIONS

POLARIS INC.,POLARIS
INDUSTRIES INC. and POLARIS

SALES INC.,
Defendants.

Before the Court is United States Magistrate Judge Timothy Cavan's Findings
and Recommendations,filed August 9,2024. (Doc. 21). Judge Cavan recommends
this Court grant in part and deny in part Defendant Polaris Inc., Polaris Industries,
and Polaris Sales Inc.'s ("Polaris") Motion to Dismiss(Doc. 16).

Polaris timely filed an objection disagreeing with Judge Cavan's application
ofthe prudential mootness doctrine, his finding that Polaris failed to meet its burden

when raising its limited-damages warranty defense, and his application of the law
ViXidQX Shady Grove Orthopedic Ass'n., PA. v. Allstatelns. Co.,559 U.S.393(2010).

(Doc. 23). Plaintiffs timely filed a response rebutting each of Polaris's arguments.
(Doc. 24).