Frank v. Town of West Yellowstone, Montana et al

Filing 19

ORDER granting 5 Motion to Dismiss for Failure to State a Claim. ORDERED: 1. Defendant's Parker's, Costello's, Forsythe's, and Schmier's Motion to Dismiss all claims made against them in their individual or official capaci ty are GRANTED. 2. Defendant Town of West Yellowstone's Partial Motion to Dismiss is GRANTED in part as follows: Counts I, II, III, IV, V, VI and IX are DISMISSED. 3. At the request of Plaintiff, the Court has determined that the issue of wheth er Pla capacity to seek recovery for alleged wrongful or constructive discharge is governed by the terms of the Collective Bargaining Agmt of 2/19/09, between the Town of West Yellowstone and the West Yellowstone Police Protective Unit. Parties shall file briefs concerning this issue on or before 12/4/15. Signed by Judge Sam E Haddon on 11/30/2015. (ELL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

FILED
NOV 3 0 2015

BUTTE DIVISION

Clerk, U.S. District Court
District Of Montana
Helena

AARON FRANK,
Plaintiff,

No. CV 15-26-BU-SEH

vs.

ORDER
TOWN OF WEST YELLOWSTONE,
MONTANA; COLE PARK.ER, in his
individual and official capacity; JOHN
COSTELLO, in his individual and
official capacity; GREG FORSYTHE,
in his individual and official capacity;
and BRAD SCHMIER, in his
individual and official capacity,
Defendants.
On the record made in open court on November 30, 2015,
ORDERED:
1. Defendants Paker's, Costello's, Forsythe's, and Schmier's Motion to

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Dismiss 1 all claims made against them in their individual or official capacity are
GRANTED.
2. Defendant Town of West Yellowstone's Partial Motion to Dismiss 2 is
GRANTED in part as follows:
Counts I, II, III, IV, V, VI, and IX are DISMISSED.
3. At the request of Plaintiff, the Court has determined that the issue of
whether Plaintiffs capacity to seek recovery for alleged wrongful or constructive
discharge is governed by the terms of the Collective Bargaining Agreement of
February 17, 2009, between the Town of West Yellowstone and the West
Yellowstone Police Protective Unit. Parties shall file briefs concerning this issue
on or before December 4, 2015.
DATED this

3o#" day of November, 2015.

b~~
United States District Judge

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Doc.5.

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Doc. 5.
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