Missoula v. Mountain Water ( 2020 )

05/19/2020
No. DA 20-0115 and No. DA 20-0151
IN THE
SUPREME COURT OF THE STATE OF MONTANA
______________________
THE CITY OF MISSOULA,
VS.
MOUNTAIN WATER COMPANY, a Montana Corporation; AND CARLYLE INFRASTRUCTURE
PARTNERS, LP, a Delaware limited partnership,
AND
THE EMPLOYEES OF MOUNTAIN WATER COMPANY,
Intervenors.
__________________
APPEAL FROM: MONTANA FOURTH JUDICIAL DISTRICT COURT,
MISSOULA COUNTY, HON. KAREN TOWNSEND, PRESIDING
CASE NO. DV-32-2014-0000352-CO
______________________________________________________________________________
ORDER ON JOINT STIPULATION AND REQUEST TO CONSOLIDATE
APPEALS
______________________________________________________________________________
Carlyle Infrastructure Partners, Mountain Water Company, and the City of
Missoula, pursuant to Rule 4(3), Mont. R. Civ. P., having on May 19, 2020 filed
their Joint Stipulation and Request to Consolidate Appeals in the above matters,
and good cause appearing therefore, the Court grants the Request to Consolidate
Appeals for this matter and hereby consolidates Cause Nos. DA 20-0115 and DA
20-0151 under Cause No. DA 20-0115.
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The Court further orders that briefs in the consolidated appeals shall be filed
as follows:
1) The City of Missoula (“City”) shall first file a single opening brief
supporting its direct appeal (DA 20-0115) and cross-appeal (DA 20-0151);
2) Carlyle Infrastructure Partners (“Carlyle”) and Mountain Water
Company (“Mountain Water”) shall next file a single combined brief in response
to the City’s brief and in support of their cross-appeal (DA 20-0115) and direct
appeal (DA 20-0151);
3) The City shall next file a single combined brief in response to
Carlyle’s and Mountain Water’s brief and in reply supporting its direct appeal and
cross-appeal and;
4) Carlyle and Mountain Water shall lastly file a single combined reply
supporting their cross-appeal and direct appeal.
Dated: May __, 2020.
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Electronically signed by:
Mike McGrath
Chief Justice, Montana Supreme Court
May 19 2020