October 22, 2013
JEM CONTRACTING, INC., a Montana corporation, Plaintiff and Appellant,
MORRISON-MAIERLE, INC., a Montana corporation, GALLATIN COUNTY, a political subdivision of the State of Montana, and MADISON COUNTY, a political subdivision of the State of Montana, Defendants and Appellees.
Appellant JEM Contracting, Inc., has filed the opening brief in this appeal of an order in which the Eighteenth Judicial District Court granted summary judgment to Morrison-Maierle, Inc., on JEM's claims against it. Morrison-Maierle has now moved this Court for an order dismissing the appeal as moot on grounds that, following the summary judgment for Morrison-Maierle, JEM entered a settlement with Gallatin and Madison Counties in which it recovered "all of the damages sought in its complaint." In the alternative to dismissal of the appeal, Morrison-Maierle asks to be allowed to supplement the record on appeal with documents relating to the settlement agreement between JEM and the Counties.
JEM has filed a response in opposition to both the motion to dismiss and the motion to supplement the record. JEM argues that the subsequent settlement of its claims against the Counties is not relevant to the issue on appeal: whether the District Court's summary judgment in favor of Morrison-Maierle was proper. JEM is correct.
Therefore, IT IS ORDERED that the motion to dismiss this appeal or, in the alternative, to supplement the record, is DENIED.
The Clerk is directed to provide copies of this order to all counsel of record.