Missoula v. Mountain Water

Opinion

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.

1 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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2 Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court May 19 2020