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Phillips v. City of Whitefish

Supreme Court of Montana

January 7, 2014

LYLE PHILLIPS, ANNE DEE RENO, TURNER ASKEW, and BEN WHITTEN, Plaintiffs and Appellees,
v.
CITY OF WHITEFISH, Defendant, Third-Party Plaintiff, and Appellant, and THE BOARD OF COM MISSIONERS OF FLATHEAD COUNTY, Defendant, Third-Party Defendant and Appellee, and DAN WEINBERG and ED McGREW, individually and on behalf of LET WHITEFISH VOTE, a ballot committee lawfully organized under the laws of Montana; MARY PERSON and MARILYN R. NELSON, Intervenors and Appellants.

ORDER

On December 9, 2013, Plaintiffs and Appellees Lyle Phillips, Anne Dee Reno, Turner Askew, and Ben Whitten, by counsel (hereinafter Plaintiffs), filed a Motion to Strike Portions of the Affidavits of David Taylor and Wendy Compton-Ring and memorandum in support. This Court briefly referenced the motion in our Order of December 10, 2013, when granting the City of Whitefish's Motion to Stay the District Court order of July 8, 2013, but did not rule on the motion to strike. To the extent the motion to strike seeks relief as to the bearing of the affidavit on the motion to stay, that aspect of the motion is now moot. However, Plaintiffs also contend that the contents of the affidavits unlawfully permeate the opening brief of the City of Whitefish. We therefore address this aspect of the motion to strike. The City of Whitefish has not filed a response to this motion.

Plaintiffs contend that certain portions of the affidavits in question contain inadmissible evidence arising from opinions that lack foundation, and that other portions are based purely on speculation. They therefore ask us to strike discrete paragraphs of the affidavits. Because this matter is not yet fully briefed, we cannot presently place the affidavits in any sort of context. Accordingly,

IT IS ORDERED that Plaintiffs' motion to strike is TAKEN UNDER ADVISEMENT pending our review following full briefing.

The Clerk of this Court is directed to provide notice of this Order to all counsel of record.


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