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P.I.: Other | Montana
Order
ORDER granting 103 Motion to Dismiss. Count five of the 8 First Amended Complaint is DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Kathleen L. DeSoto on 6/1/2026. (APP)
Motion Hearing - SDM FTR Certification - MT
MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Motion Hearing held on 5/29/2026 re 103 First MOTION to Dismiss Count 5 of the First Amended Complaint, 75 First MOTION for Sanctions re Discovery Misconduct filed by Cole Borchardt, and 59 MOTION for Summary Judgment filed by defendants. Attorney Erin Melsheimer appearing for Plaintiff Cole Borchardt (Borchardt appearing by zoom also present). David M. Clark and James M. Ragain appearing for defendants Erica Wahl, Eric Fendler, Marsha Fendler, Sarah Fendler, and Theresa Ohl (all present in the courtroom.) Arguments heard on 103 Motion to Dismiss Count 5. Parties stipulate to dismissing Count 5 with prejudice. The Court will file an order. Arguments heard on 59 Motion for Summary Judgment and 75 Motion for Sanctions for Discovery. The Court will issue rulings in the near future. If parties are interested in a settlement conference, please make a joint motion with the Court. Hearing commenced at 9:59 a.m. and concluded at 11:48 a.m. (Court Reporter Robin Herrera appearing remotely.) (Hearing held in BLG Ella Knowles Courtroom) (JLR) Modified on 5/29/2026 to correct font (JLR).
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