Reinhardt v. BNSF Railway Company et al

Filing 87

ORDERED: Petitioner's Renewed Motion To Recover Attorney Fees (Doc. 76) is DENIED with leave to re-file, should Petitioner prevail on appeal and the October 8, 2019, hearing on Petitioner's Renewed Motion to Recover Attorney Fees is VACATED. IT IS FURTHER ORDERED that the parties shall file a joint report informing the court as to the status of their settlement negotiations on or before September 23, 2019. Signed by Judge Charles C. Lovell on 9/16/2019. (HEG)

9/16/2019

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 10-27-H-CCL

MITCHELL REINHARDT,
Petitioner,

ORDER
vs.
BNSFRAILWAYCOMPANYa
Delaware corporation,
Respondent.
Judgment was entered affinning the final agency decision of the Montana
Human Rights Commission on July 22, 2019. A hearing on Petitioner's Renewed
Motion To Recover Attorney Fees (Doc. 76) is currently scheduled for October 8,
2019. The Court has enlarged Respondent's time to respond to Petitioner's
motion multiple times. In its August 19, 2019, request for additional time,
Respondent represented to the Court that the parties were working to resolve the
matter, including the attorney's fee issue. (Doc. 81). In its most recent request for
additional time, Respondent represented that the parties were "finalizing
settlement documents." (Doc. 85 at 2). The Court extended the response deadline
until September IO, 2019, but did not change the hearing date.
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Respondent failed to file a either a response to Petitioner's motion or a
motion for enlargement of time on or before September I 0, 2019. The Court
notes that Respondent has appealed the judgment and that an assessment
conference was scheduled with a Ninth Circuit Mediator on September 7, 2019.
The Court presumes that the "settlement documents" being finalized are to be filed
in the Ninth Circuit Appeal and will resolve both the appeal and the pending
motion in this Court. Accordingly,
IT IS HEREBY ORDERED that Petitioner's Renewed Motion To Recover
Attorney Fees (Doc. 76) is DENIED with leave to re-file, should Petitioner prevail
on appeal and the October 8, 2019, hearing on Petitioner's Renewed Motion to
Recover Attorney Fees is VACATED.
IT IS FURTHER ORDERED that the parties shall file a joint report
informing the court as to the status of their settlement negotiations on or before
September 23, 2019.
Done and dated this

Lp_"'

of September, 2019.

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C

C.

0

LL

SENIOR UNITED STATES DISTRICT JUDGE

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