Jensen v. 4th Judicial District

ORIGINAL 04/02/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0177 OP 20-0177 NANCY JENSEN and JACOB JENSEN, sap 2020 An 02 Petitioners, Greta-mrioOd court goolef suprerntana clefs< o _f loon stato" v. ORDER MONTANA FOURTH JUDICIAL DISTRICT COURT,MISSOULA COUNTY,HONORABLE ROBERT L.DESCHAMPS,III, Presiding Judge Respondent. Petitioners Nancy Jensen and Jacob Jensen seek a writ of supervisory control directing the Fourth Judicial District Court, Missoula County,to reverse its Order granting summary judgment in its Cause No. DV-18-819. In that Order, the District Court granted summary judgment in favor of Defendants Farmers Insurance Exchange, Mid-Century Insurance Company, and John Does 1-5 which dismissed Jensens' Unfair Trade Practice Act claims against them. Jensens allege supervisory control is necessary in this case because allowing the matter to move forward on only the remaining counts would require piecemeal and duplicative discovery, and the possibility of having to conduct two trials and two appeals for the same controversy. 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 Fourth Judicial District Court and Farmers Insurance Exchange, Mid-Century Insurance Company, and John Does 1-5, or both, are granted 30 days from the date ofthis Order to prepare, file, and serve a response(s) to the petition for writ of supervisory cohtrol in Cause No. DV-18-819. The Clerk is directed to provide inmediate notice of this Order to counsel for Petitioner, all counsel of record in the Fourth Judicial District Court, Missoula County, Cause No. DV-18-819, and the Honorable Robert L. Deschamps, III, presiding. DATED thi day of April, 2020. For the Court, By 2