Waschle et al v. Winter Sports, Inc. et al
| Niclas Waschle, Patricia Birkhold-Waschle, Raimund Waschle and Philip Waschle |
| Winter Sports, Inc., World Experience, Fred Vanhorn, Lynne Vanhorn and John Does 1-10 |
| 9:2013cv00309 |
| December 24, 2013 |
| US District Court for the District of Montana |
| Missoula Office |
| FLATHEAD |
| Donald W. Molloy |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| None |
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| Document Text |
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Filing
90
OPINION and ORDER granting-in-part and denying-in-part 49 MOTION for Summary Judgment filed by Winter Sports, Inc.; granting as to Plaintiffs' respondeat superior claim (Count V) and denying in all other respects. IT IS FURTHER ORDERED that 56 MOTION for Summary Judgment on Plaintiffs' Claim of Negligence Against Winter Sports, Inc. is DENIED. IT IS FURTHER ORDERED that immediate appeal of the statutory interpretation of the 2009 "inherent dangers and risks" pro vision as it relates to tree wells is appropriate, as it "involves a controlling question of law as to which there is substantial ground for difference of opinion" and "an immediate appeal from the order may materially advance the ulti mate termination of the litigation." 28 u.s.c. § 1292(b). IT IS FURTHER ORDERED that 85 Joint MOTION to Stay Trial Pending Plaintiffs' Appeal is GRANTED. The pretrial matters due 11/12/15 through 11/30/15 are STAYED pending resol ution of appeal. IT IS FURTHER ORDERED that the parties file a joint status report withing 30 days of resolution of appeal. The final pretrial conference set for 11/19/15 and the jury trial set for 11/30/15 are VACATED. 52 MOTION in Limine, 59 MOTION in Limine to Exclude Testimony of Paul Baugher, and 62 MOTION in Limine to Exclude Testimony of Mike Unruh are DENIED subject to renewal. Signed by Judge Donald W. Molloy on 11/10/2015. (NOS, )
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Filing
65
ORDER granting 36 Motion for Summary Judgment; finding as moot 46 Motion in Limine. Signed by Judge Donald W. Molloy on 9/4/2015. (dle)
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