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 275

ORDER: Defendants' Rule 54 Motion for Attorneys' Fees and Costs 259 and Unopposed Motion for Extension of Time 264 are DENIED AS MOOT subject to refiling consistent with this Order. Signed by Judge Dana L. Christensen on 12/6/2017.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CV 13-133-M-DLC

MONTANORE MINERALS CORP.,
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 NWI/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.
Before the Court are Defendants' Rule 54 Motion for Attorneys' Fees and
Costs (Doc. 259) and Unopposed Motion for Extension of Time (Doc. 264).
Pursuant to the Ninth Circuit Court of Appeals' Mandate directing this Court to
stay federal proceedings on this matter pending resolution in state court, these
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Motions will be denied as moot. (Docs. 258 at 18, 20; 267.) The Ninth Circuit
instructed this Court to enter a stay of the proceedings rather than a dismissal to
ensure that "the federal forum will remain open if for some unexpected reason the
state forum ... turns out to be inadequate." (Doc. 25 8 at 18 (quoting Attwood v.
Mendocino Coast Dist. Hosp., 886 F .2d 241, 243 (9th Cir. 1989).) Therefore, the

denial of these Motions is subject to refiling should the state forum tum out to be
inadequate. Accordingly,
IT IS ORDERED the Defendants' Rule 54 Motion for Attorneys' Fees and
Costs (Doc. 259) and Unopposed Motion for Extension of Time (Doc. 264) are
DENIED AS MOOT subject to refiling consistent with this Order.
DATED this "*"'day of December, 2

7.

Dana L. Christensen, Chief Judge
United States District Court

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