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Chapman v. Ebay Inc.

Supreme Court of Montana

November 13, 2013

ALLISON CHAPMAN, Plaintiff,
v.
EBAY INCORPORATED, a Delaware corporation, Defendant.

ORDER

Allison Chapman seeks to disqualify the Honorable Gregory Pinski from presiding in Cascade County Cause No. DDV-12-0682, pursuant to § 3-1-805, MCA. Chapman has submitted an affidavit in support of her request to disqualify Judge Pinski.

Section 3-1-805(1), MCA, provides that the Chief Justice of this Court will assign a district judge to hear a request for disqualification for cause if the affidavit in support of the request is in compliance with § 3-l-805(l)(a), (b), and (c), MCA. Subsection (b) provides that an affidavit will be deemed not to have been made in good faith if it is based solely on rulings in the case that can be addressed in an appeal from the final judgment. To the extent that it is based on specific allegations, the affidavit that Chapman has provided relates entirely to Judge Pinski's rulings in Cascade County Cause No. DDV-12-0682, which can be addressed in an appeal from the final judgment. As a result, it is unnecessary to appoint a district judge to hear this matter.

IT IS ORDERED that the request to disqualify District Judge Pinski from Cascade County Cause No. DDV-12-0682 is DENIED.

The Clerk is directed to provide copies of this Order to the Clerk of the District Court of Cascade County for notification to Allison Chapman, all counsel of record in Cause No. DDV-12-0682, and the Honorable Gregory Pinski, presiding District Judge.


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