Cleary v. Retirement Plan for Employees of Northern Montana Hospital et al

Filing 81

ORDER: The Court conducted a hearing on all pending motions in this matter of September 13, 2017. For the reasons discussed in open court, IT IS ORDERED: 50 Motion for Leave to File a Third Amended Complaint is GRANTED; 56 Motion for Mediatio n is GRANTED; 67 Motion to Supplement the Record on Summary Judgment is GRANTED; 30 Motion for Summary Judgment is DENIED with respect to the claims asserted in Counts 3,4 and 5 of Plaintiff's Second Amended Complaint. The portion of Defendants' Motion for Summary judgment that addressed Counts 1 and 2 of Plaintiff's Second Amended Complaint is taken under advisement. Signed by Judge Brian Morris on 9/14/2017. (MMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

JOEL CLEARY, M.D., individually
and on behalf of all others similarly
situated,
Plaintiff,

CV 16-61-GF-BMM
ORDER

vs.
RETIREMENT PLAN FOR
EMPLOYEES OF NORTHERN
MONTANA HOSPITAL, et al.,
Defendants.
The Court conducted a hearing on all pending motions in this matter on
September 13, 2017. For the reasons discussed in open court,
IT IS ORDERED:
1.

Defendants’ Motion for Summary Judgment (Doc. 30) is DENIED

with respect to the claims asserted in Counts 3, 4 and 5 of Plaintiff’s Second
Amended Complaint. The portion of Defendants’ Motion for Summary judgment
that addressed Counts 1 and 2 of Plaintiff’s Second Amended Complaint is taken
under advisement.
2.

Plaintiff’s Motion for Leave to File a Third Amended Complaint

(Doc. 50) is GRANTED.

3.

Plaintiff’s Motion for Mediation (Doc. 56) is GRANTED.

4.

Plaintiff’s Motion to Compel Discovery (Doc. 61) is taken under

advisement.
5.

Plaintiff’s Motion to Supplement the Record on Summary Judgment

(Doc. 67) is GRANTED.
DATED this 14th day of September, 2017.

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