Wonder Ranch v USA et al

Filing 137

ORDER denying 37 Motion for Partial Summary Judgment; denying 38 Motion for Partial Summary Judgment; denying 44 Motion to Dismiss for Lack of Jurisdiction; denying 78 Motion for Summary Judgment; denying 81 Motion in Limine No. 1 and 2, No. 3 withdrawn; denying 83 Motion for Partial Summary Judgment; denying 88 Motion to Strike denying 90 Motion to Strike Signed by Judge Sam E Haddon on 2/5/2016. (DED, )

FILED
FEB 05 2016
Clerk, U.S. District Court
District Of Montana
Helena

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

WONDER RANCH, LLC,
Plaintiff,

No. CV 14-57-BU-SEH

vs.

ORDER
UNITED STATES OF AMERICA,
U.S. DEPARTMENT OF
AGRICULTURE, acting through the
U.S. Forest Service, and Melany
Glossa, in her capacity as Supervisor
of the Beaverhead-Deerlodge National
Forest,
Defendants.
Upon the record made in open court on February 4, 2016:
ORDERED:
1.

Wonder Ranch, LLC's Rule 56 Motion for Partial Summary

Judgment on Its Quiet Title Claim 1 was DENIED.

1

Doc. 37.
-1-

2.

Wonder Ranch, LLC's Rule 56 Motion for Partial Summary

Judgment on Defendants' Counterclaims2 was DENIED.
3.

Wonder Ranch, LLC's Rule 56 Motion for Partial Summary

Judgment on the Forest Service's Prescriptive Easement Counterclaim3 was
DENIED.
4.

Defendants' Motion for Summary Judgment4 was DENIED.

5.

Defendants' Motion to Dismiss, 5 treated for disposition as a motion

for summary judgment, was DENIED.
6.

Defendants' Motion to Exclude the Report and Testimony of Daniel

Gallacher6 was DENIED.
7.

Defendants' Motion to Exclude the Report and Testimony of Kenneth

Jenkins 7 was DENIED.

2

Doc. 38.

3

Doc. 83.

4

Doc. 78.

5

Doc. 44.

6

Doc. 88.

7

Doc. 90.
-2-

8.

Wonder Ranch, LLC's Motions in Limine Nos. 1-3: 8
a.

Motion in Limine No. 1 was DENIED.

b.

Motion in Limine No. 2 was DENIED.

c.

Motion in Limine No. 3 was WITHDRAWN.

DATED this

Ay

of February, 2016.

United States District Judge

8

Doc. 81.
-3-