S. Mooring v. 18th Jud. District

04/13/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0169 OP 21-0169 STEPHANIE MOORING,Individually, and as : I 1 I.- --di) Personal Representative of the ESTATE OF ERYON BARNETT, Deceased, to specifically APR 1 3 2021 include his minor son, B.J.W., and SARAH Bowen Clerk of Greenwood Supreme Cour; WOOLARD,on behalf of B.J.W., a rninor, State of Montana individually, Petitioners, ORDER v. MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT,GALLATIN COUNTY, HON. RIENNE H. McELYEA, presiding, Respondent. Petitioners Stephanie Mooring, Individually, and as Personal Representative of the Estate of Eryon Barnett, Deceased, to specifically include his minor son, B.J.W., and Sarah Woolard, on behalf of B.J.W., a minor, individually, via counsel, seek a writ o supervisory control to vacate an order of the Eighteenth Judicial District Court, Gallatin County,in Cause No. DV-18-235B,that compels Mooring to produce a cell phone for inspection and non-destructive testing to a consultant hired by the Defendants in the underlying matter. Petitioners maintain the District Court erred in ordering Mooring to produce the cell phone. They further request that the District Court matter be stayed pending the resolution of this petition. 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 Eighteenth Judicial District Court and the Defendants in that Court's Cause No. DV-18-235B, or both, are each granted twenty days from the date ofthis Order, to prepare, file, and serve a response(s)to the petition for writ ofsupervisory control. IT IS FURTHER ORDERED that the portion of the District Court's April 7, 2021 order requiring production of the subject cell phone is STAYED pending this Court's decision on the Petition. The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Eighteenth Judicial District Court, Gallatin County, Cause No. DV-18-235B, and the Honorable Rienne H. McElyea, presiding. DATED this -1 day of April, 2021. (-) Justices 2