Estate of Lucio Dimauro et al v. GIANFORTE et al

Filing 14

ORDER: IT IS ORDERED: (1) All deadlines set forth in the Courts January 17, 2024 Order (Doc.10)are vacated. (2) These proceedings are stayed pending further order of the Court. (3) The parties shall submit a status report within 60 days of the date o f this Order, describing the status of their mediation efforts and the reasons the stay should be continued or lifted. Either party may move for a lift of the stay at any time. (4) The Court will defer ruling on the pending Motion to Dismiss (Doc.11) until the stay is lifted and the motion is fully briefed, including any timely-submitted reply brief. The following schedule will govern further briefing of the Motion to Dismiss (Doc. 11): Plaintiffs Response Brief to Defendants Motion to Dismiss March 15, 2024 Defendants Reply Briefto Motion To Dismiss 14 days after stay is lifted. Signed by Judge Brian Morris on 2/7/2024. (KAH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
ESTATE OF LUCIO DIMAURO, by
and through Personal Representative,
NINA DIMAURO; LESLEY
JUNGERS, by and through coGuardians and co-Conservators,
LAWRENCE JOCHIM and KARLA
LANGLOIS; ESTATE OF DAVID
PATZOLDT, by and through Personal
Representative, CHRISTINE
PAYTON; JOHN DOES 1-X; and
JANE DOES 1-X,

Cause No. 2:23-cv-00074-BMM

ORDER

Plaintiffs,
v.
GREG GIANFORTE; CHARLIE
BRERETON; DAVID CULBERSON;
STATE OF MONTANA; THE
DEPARTMENT OF PUBLIC
HEALTH AND HUMAN
SERVICES; JOHN DOES 1-X; and
JANE DOES 1-X,
Defendants.
Before the Court is the parties’ Joint Motion to Vacate Deadlines, Stay
Proceedings and Set Briefing Schedule. The parties represent they have agreed to
mediate this matter with a private mediator and a brief stay would help facilitate
their efforts. The Court finds the motion is supported by good cause and the relief
requested is within the Court’s broad discretion to control trial administration.

IT IS ORDERED:
(1)

All deadlines set forth in the Court’s January 17, 2024 Order (Doc.

10) are vacated.
(2)

These proceedings are stayed pending further order of the Court.

(3)

The parties shall submit a status report within 60 days of the date of

this Order, describing the status of their mediation efforts and the reasons the stay
should be continued or lifted. Either party may move for a lift of the stay at any
time.
(4)

The Court will defer ruling on the pending Motion to Dismiss (Doc.

11) until the stay is lifted and the motion is fully briefed, including any timelysubmitted reply brief.
(5)

The following schedule will govern further briefing of the Motion to

Dismiss (Doc. 11):
Plaintiff’s Response Brief
to Defendants’ Motion to Dismiss

March 15, 2024

Defendants’ Reply Brief
to Motion To Dismiss

14 days after stay is lifted

DATED this 7th day of February, 2024.

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