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Chapman v. Ebay, Inc.

Supreme Court of Montana

March 5, 2014

ALLISON CHAPMAN, Plaintiff and Appellant,
v.
EBAY, INC., Defendant and Appellee.

ORDER

Appellant Allison Chapman today paid the filing fees for her appeal herein. Yesterday we issued an order dismissing Chapman's appeal for failing to pay the filing fee as previously ordered by the Court. Our order denied Chapman's motion to reconsider the previous order, but did not give her an opportunity to pay the filing fee upon denial of reconsideration. Given Chapman's immediate payment of the fee upon denial of her motion, and in light of her pro se status, we are moved to withdraw our order of yesterday and reinstate her appeal.

Chapman has routinely resisted payment of filing fees in past years. We have endeavored in each case to carefully consider both Chapman's financial status and her pro se status. After giving such consideration, the Court generally is not in a position to entertain petitions for reconsideration of our determination in the matter. Chapman is admonished to timely comply with any future orders requiring her to pay filing fees, as failure to do so may lead to dismissal. In fact, if proposed rule changes are adopted, fee matters in the future will become the province of the Clerk of Court, and Chapman will need to comply with the directives of that office regarding payment of fees. Further, other proposed rule changes may eliminate any reconsideration of such orders. Therefore, IT IS HEREBY ORDERED that our order of March 4, 2014, dismissing this matter with prejudice is WITHDRAWN.

IT IS FURTHER ORDERED that the filing fee tendered herein is accepted and the appeal is REINSTATED.

The Clerk is directed to provide a copy hereof to counsel of record and to Allison Chapman.


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