January 23, 2014
ELMER "DON" LLOYD and KAREN LLOYD, Plaintiffs and Petitioners,
The MONTANA TWENTY-SECOND JUDICIAL DISTRICT COURT, HONORABLE BLAIR JONES, Presiding Judge, Respondent.
Elmer and Karen Lloyd (Lloyds) have petitioned for a writ of supervisory control over litigation pending before the Twenty-Second Judicial District Court, denominated Elmer "Don " Lloyd and Karen Lloyd v. Raymond Corcoran Trucking, Inc., and Robert Charles Arbuckle, No. DV 12-41. Lloyds argue the District Court is proceeding under a mistake of law in denying their motion for summary judgment as to the liability of Arbuckle, or alternatively for a determination that Arbuckle was negligent as a matter of law. Lloyds further argue the District Court is proceeding under a mistake of law by bifurcating the claims into separate trials. In consideration thereof,
IT IS HEREBY ORDERED that, pursuant to M. R. App. P. 14(7)(a), Respondent District Court and/or Raymond Corcoran Trucking, Inc., or Robert Arbuckle, Defendants in Stillwater County Cause No. DV 12-41, are granted twenty days in which to file a summary response to the petition.
The Clerk is directed to mail a copy hereof to counsel for Petitioner, counsel for Defendants, and the Honorable Blair Jones, District Judge.