Montanore Minerals Corporation v. Easements and Rights of Way under, through and across those certain unpatented lode mining claims located in the NE 1/4 of Section 15, Township 27 North, Range 31 West, Lincoln County, Montana, and id et al

Filing 273

Order: Plaintiff's Motion for Stay 268 is GRANTED. IT IS FURTHER ORDERED that the parties shall provide the Court with a status report by December 29, 2017, regarding the status of the state court proceedings. Signed by Judge Dana L. Christensen on 10/30/2017. (ASG)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
MONTANORE MINERALS CORP.,

OCT 3 0 2017
cirk, lJ.S

Oiatrid Court
lstrid Of Montana

Missoula

CV 13-133-M-DLC

Plaintiff,
ORDER
vs.
Easements and Rights of Way under,
through and across those certain
unpatented lode mining claims located in
the NEl/4 and the NWl/4 of Section 15,
Township 27 North, Range 31 West,
Lincoln County, Montana, and identified
as POPS 12, POPS 13, POPS 14 and
POPS 15; ARNOLD BAKIE; FRANK
DUVAL; OPTIMA, INC.; UNKNOWN
OWNERS; and all other persons,
unknown, claiming or who might claim
any right, title estate, or interest in or lien
on encumbrance to the unpatented load
mining claims described above or any
cloud upon title thereto, whether such
claim or possible claim be present or
contingent,
Defendants.
This matter comes before the Court upon Plaintiff Montanore Minerals
Corporation's Motion for Stay. (Doc. 268.) Defendants reserve their position on
this Motion. (Doc. 268 at 2.) Importantly, the Ninth Circuit Court of Appeals'
Mandate directs this Court to stay federal proceedings on this matter pending
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resolution in state court. (Docs. 258 at 18, 20; 267.) The Ninth Circuit instructed
this Court to enter a stay of the proceedings rather than a dismissal so "the federal
forum will remain open if for some unexpected reason the state forum ... turns
out to be inadequate." (Doc. 258 at 18 (quoting Attwood v. Mendocino Coast Dist.
Hosp., 886 F.2d 241, 243 (9th Cir. 1989).) Therefore,

IT IS ORDERED that Plaintiffs Motion for Stay (Doc. 268) is GRANTED.
IT IS FURTHER ORDERED that the parties shall provide the Court with a
status report by December 29, 2017, regarding the status of the state court
proceedings.
DATED this

~o-/-taay of October, 201 7.

ana L. Christensen, Chief Judge
United States District Court

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