John Doe v. Montana State University et al

Filing 106

ORDERED: 1. Defendants' Motion for Summary Judgment, Plaintiffs Motion for Partial Summary Judgment, and Defendants' Motions in Limine are DENIED without prejudice to resubmission. 2. Plaintiff shall have to and including August 10, 2018, in which to file a Fourth Amended Complaint in replacement of the Third Amended Complaint. Defendants shall have to and including August 24, 2018, in which to file an amended pleading in response to Plaintiffs Fourth Amended Complaint. 3. Defendan ts' amended responsive pleading shall include all defenses to the Fourth Amended Complaint claimed by Defendants and shall be accompanied by motions and briefs in support of defenses asserted by Defendants to be appropriate for submission. 4 . Plaintiff may submit, promptly upon receipt of Defendants' amended responsive pleading, any motion available to Plaintiff, directed to the Fourth Amended Complaint, with accompanying briefs in support. Signed by Judge Sam E Haddon on 7/25/2018. (HEG)

IN THE UNITED STATES DISTRICT COURT

FILED
JU 2 5 2018
L

FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

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

ERIK POWELL,
Plaintiff,

No. CV 17-15-BU-SEH

vs.
ORDER
MONTANA STATE UNIVERSITY,
DR. ROBERT MOKWA, JYL
SHAFFER, JAMES SLETTEN, AND
KATHARINE KUJAWA, employees
of Montana State University, sued in
his or her official and individual
capacity, jointly and severally,
Defendants.

The Court conducted a hearing on July 25, 2018, "to consider and address
issues related to the form and substance of the claims asserted in the Third
Amended Complaint, and the responses and defenses asserted in the Defendants'

Answer." 1
Upon the record made in open Court,
ORDERED:
1.

Defendants' Motion for Summary Judgment,2 Plaintiffs Motion

for Partial Summary Judgment, 3 and Defendants' Motions in Limine 4 are DENIED
without prejudice to resubmission.
2.

Plaintiff shall have to and including August 10, 2018, in which to file

a Fourth Amended Complaint in replacement of the Third Amended Complaint. 5
3.

Defendants shall have to and including August 24, 2018, in which to

file an amended pleading in response to Plaintiffs Fourth Amended Complaint.
Defendants' amended responsive pleading shall include all defenses to the Fourth
Amended Complaint claimed by Defendants and shall be accompanied by motions
and briefs in support of defenses asserted by Defendants to be appropriate for
submission.
4.

Plaintiff may submit, promptly upon receipt of Defendants' amended

1

Doc. 101.

2

Doc. 64.

3

Doc. 80.

4

Doc. 86.

5

Doc. 55

responsive pleading, any motion available to Plaintiff, directed to the Fourth
Amended Complaint, with accompanying briefs in support.
DATED t h i s ~ of July, 2018.

~ iffed1-11m

~.HADDON
\
United States District Judge