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HomeMy WebLinkAbout19- Motion for Expedited Ruling on Combined Motion to Dismiss and for Summary Judgment - City of Bozeman Randy J. Cox Natasha Prinzing Jones John M. Newman BOONE KARLBERG, P.C. P.O. Box 9199 Missoula, MT 59807-9199 Tel.: (406) 543-6646 Fax: (406) 549-6804 rcox@boonekarlberg.com npjones@boonekarlberg.com jnewman@boonekarlberg.com Attorneys for Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe 1-30 Public Employees/Officials MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT GALLATIN COUNTY ROGER KOOPMAN, et al., Cause No. DV-18-1166B Hon. Rienne H. McElyea Plaintiffs, V. CITY OF BOZEMAN, et al., Defendants. Cause No. DV-18-1215C ROGER KOOPMAN, et al., Hon. John C. Brown Plaintiffs, DEFENDANTS' MOTION FOR EXPEDITED RULING ON V. COMBINED MOTION TO DISMISS AND FOR SUMMARY JUDGMENT CITY OF BOZEMAN, et al., Defendants. Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe 1-30 Public Employees/Officials (collectively, "the City"), move for an expedited briefing and hearing schedule regarding the City's combined motion to dismiss and for summary judgment, filed on January 30, 2019. The City moves to dismiss Plaintiffs' claims under - 1 - Montana Code Annotated Titles 2 and 13 for lack of subject-matter jurisdiction. Alternatively, with respect to Plaintiffs' claim under § 13-35-107, the City moves for summary judgment. As detailed in the brief in support of the combined motion, this lawsuit carries with it significant financial and public safety consequences for the City related to construction of the voter-approved Bozeman Public Safety Center. The City respectfully requests an expedited briefing and hearing schedule regarding the combined motion in order to mitigate those consequences. With respect to scheduling, the City proposes five business days from the date of receipt of this motion for Plaintiffs to respond, and five days after receipt of Plaintiffs' response for the City to file its reply brief. The City further respectfully requests a hearing on this motion as soon as possible after briefing is completed. DATED this�K.day of January, 2019. BOONE KARLBERG P.C. y J. Cox sha Priming Jones John M. Newman Attorneys for Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe 1-30 Public Employees/Officials -2 - CERTIFICATE OF SERVICE This is to certify that the foregoing document was duly served upon the following counsel of record by the means designated below: 'U.S. Mail Chris J. Gallus [ ] Certified Mail Attorney at Law [ ] FedEx/UPS 1423 Otter Road [ ] Hand-Delivery Helena, Montana 59602 [ ] Fax [ ] E-Mail Attorney for Plaintiffs DATED this �day of January, 2019. BOONE KARLBERG P.C. Karen K. Stephan -3 -