Mitchell v. Yellowstone Arctic Yamaha et al

Filing 50

ORDER denying 34 Motion to Certify; denying 28 Motion for Summary Judgment.ORDERED: Ruling on the motion (Doc 23) was deferred pending supplemental briefing and submission of supporting materials as contained in the Court's Order of Janu ary 10, 2017. FURTHER ORDERED: Pla Motion for Certification of Question of State Law to the Montana Supreme Court and Defs Motion for Partial Summary Judgment are DENIED without prejudice as premature, to be renewed, if appropriate, upon resolution of Pla Motion for Sanctions re: Def Yellowstone Arctic Yamaha's Spoliation of Evidence. Signed by Judge Sam E Haddon on 1/12/2017. (ELL)

FILED
JAN 12 2017

IN THE UNITED STATES DISTRICT COURT

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

FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

JACQUELYN MITCHELL,
Plaintiff,

No. CV 16-13-BU-SEH

vs.
ORDER

YELLOWSTONE ARCTIC
YAMAHA, INC.,
Defendant.

On January 10, 2017, the Court conducted a hearing on Plaintiff's Motion
for Sanctions re: Defendant Yellowstone Arctic Yamaha's Spoliation of
Evidence. 1
Upon the record made in open court,
ORDERED
Ruling on the motion2 was deferred pending supplemental briefing and

1

Doc. 23.

2

Doc. 23.
-1-

submission of supporting materials as contained in the Court's Order of January
10, 2017. 3
FURTHER ORDERED
Plaintiffs Motion for Certification of Question of State Law to the Montana
Supreme Court4 and Defendants' Motion for Partial Summary Judgment5 are
DENIED without prejudice as premature, to be renewed, if appropriate, upon
resolution of Plaintiffs Motion for Sanctions re: Defendant Yellowstone Arctic
Yamaha's Spoliation ofE~~ence. 6
DATED this __LJ_"'t!l;y of January, 2017.

United States District Judge

3

Doc. 48.

4

Doc. 34.

5

Doc. 28.

6

Doc. 23.
-2-