Montana City Meats et al v. Hamel et al

Filing 97

ORDER denying 56 Motion for Partial Summary Judgment; granting in part and denying in part 60 Motion for Summary Judgment. Plaintiff shall have to and including 9/15/17 in which to name and move for substitution of parties under Rule 17. Signed by Judge Sam E Haddon on 9/11/2017. (DED)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

SEP 1 1 2017
HELENA DIVISION
MONT ANA CITY MEATS, INC., and
GARRY M. WHEELOCK,

Clerk, U.S. District Court
District Of Montana

Helena

No. CV 16-02-H-SEH
Plaintiff,
vs.

ORDER

GARY HAMEL, Individually and as
Bureau Chief of the Meat Inspection
Bureau of the Montana Department of
Livestock, CHRISTIAN MACKAY,
Individually and as the Executive
Officer of the Montana Department of
Livestock, MONTANA
DEPARTMENT OF LIVESTOCK, a
state agency of Montana,
Defendants.
A hearing on the parties' cross-motions for summary judgment on Count I
was held on August 29, 2017.
Upon the record made in open court:

ORDERED
I.

Plaintiffs' Motion for Partial Summary Judgment' on Count I of the

Second Amended Complaint is DENIED.
2.

Defendants' Motion for Summary Judgment2 on Count I is DENIED

in part and GRANTED in part as follows:
a.

Defendants Gary Hamel and Christian Mackay are dismissed as

to all claims against them in their individual capacities in Count I on
grounds of qualified immunity grounds.
b.

All claims against the State of Montana Department of

Livestock, a state agency of the State of Montana, asserted under 42
U.S.C. § 1983 are dismissed.
c.

Any and all claims against the State of Montana grounded in

42 U.S.C. § 1983 are dismissed.
d.

It having been established of record that Christian Mackay is

no longer employed as the Executive Officer of the Montana
Department of Livestock, all claims against him grounded in 42
U.S.C. § 1983 are dismissed.

1

Doc. 56.

2

Doc. 60.
-2-

e.

Plaintiffs shall have to and including September 15, 2017, in

which to name and move for substitution of parties under Rule
l 7(a)(3) and (d), 3 the replacement of Mackay as the Executive Officer
of the Montana Department of Livestock .
DATED this

.#t of September, 2017.
// .:cfay

~,Wd1nU
United States District Judge

3

Federal Rules of Civil Procedure.
-3-