R. Sironi v. 2nd Judicial District

• Court: Montana Supreme Court
• Decided: May 20, 2020
• Docket: OP 20-0272
• Status: Unpublished

Opinion

FILED MAY 20 2020 ORIONAi 05/20/2020

IN THE SUPREME Gtita statereArtarSTATE of Montana OF MONTANA Case Number: OP 20-0272

OP 20-0272

RINDO R. SIRONI, M.D. and ST. JAMES HEALTHCARE,

Petitioners,

v. ORDER MONTANA SECOND JUDICIAL DISTRICT COURT,SILVER BOW COUNTY, HONORABLE KURT KRUEGER,Presiding

Respondent.

Petitioners Rindo R. Sironi, M.D., and St. James Healthcare seek a writ of supervisory control directing the Second Judicial District Court, Butte-Silver Bow County, to reverse its April 8, 2020 Order Denying Motion to Dismiss for Insufficient Service of Process and Expiration of Statute of Limitations its Cause No. DV-16-262. Petitioners' motion to dismiss had asserted that the claims of the plaintiff in the underlying litigation were time-barred because she had not served her Complaint within the timeline required for accomplishing service under § 25-3-106, MCA,and because the statute of limitations for the filing of her Complaint had run in the interim. Having reviewed the Petition and the challenged Order, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Eleventh Judicial District Court and the State ofMontana, or both, are granted thirty days from the date of this Order, to prepare, file, and serve a response(s) to the petition for writ of supervisory control. The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Second Judicial District Court, Butte-Silver Bow County, Cause No. DV-16-262, and the Honorable Kurt Krueger, presiding Judge. Dated this 20 day of May,2020.