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This weeks case update:


 

Olson v. Pro Co-op et al, Stipulation of Facts Approved in Part
Case no. 19-00032


The parties jointly moved the Court to approve a Statement of Stipulated Facts. According to the Joint Motion, the parties agree that the facts included in their “Statement of Facts” are true and require no further proof. The Joint Motion concludes by stating, “the Statement of Stipulated Facts does not limit or prohibit any party from submitting additional evidence for the Court’s consideration on Bank’s Motion for Summary Judgment.” This reservation of rights to “submit new evidence” which may be tantamount to merely new allegations that are contested, gives the Court pause. Ordinarily, pursuant to Mont. LBR 7056-1(a)(1), the moving party submits a Statement of Uncontroverted Facts. The party opposing summary judgment is obligated to file with the brief a Statement of Genuine Issues, “setting forth the specific facts which the opposing party asserts establish a genuine issue of material fact precluding summary judgment in favor of the moving party.” Mont. LBR 7056-1(a)(2). Finally, all “material facts in the moving party's Statement of Uncontroverted Facts are deemed to be admitted unless controverted by a Statement of Genuine Issues filed by the opposing party.” Mont. LBR 7056-1(a)(3).

The Court cannot discern from the Parties’ reservation of rights, whether they actually agree on the facts necessary for submission on the briefs or not. if there are disputed factual issues that are necessary to resolving this case, then a trial date should be set now, and parties afforded an opportunity to conduct discovery. Alternatively, the Parties should agree on all necessary facts, and submit the case for a decision on the briefs, consistent with the remarks at the scheduling conference. If agreement cannot be reached on the facts, anew scheduling conference should be requested.

Accordingly, IT IS ORDERED, approval of the Joint Motion is GRANTED in part and the Parties’ agreement that the Statement of Stipulated Facts are true and require no further proofs approved, and shall be the basis upon which the issues in the briefs are adjudicated. Approval of the Parties’ reservation of rights is DENIED without prejudice, subject to the Parties more fully explaining the intent and purpose of the reservation of rights, and procedurally how the Court is expected to proceed if any newly submitted evidence is not agreed to by the other parties.

Olson v. Pro Co-op et al, January 27, 2020, James A. Patten, Molly Considine for Olson, Jeff Hunnes for Pro Co-op, Doug James, Keturah Shaules for Western Bank, Victoria L. Francis, Tyson Lies for FSA

2020 Mont. B.R. 14 (January 27, 2020)

 

 

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