Archive | Motion to file amended complaint

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Bardsley v. Pluger

Bardsley v. Pluger, 2015 MT 301 (Oct. 20, 2015) (McKinnon, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court abused its discretion by issuing an amended order of protection; (2) whether the district court abused its discretion by denying the Plaintiffs’ motion to amend their complaint; (3) whether the district court erred by granting Defendants’ motion for summary judgment; and (4) whether the district court abused its discretion by awarding Defendants attorney’s fees.

Short Answer: (1) Yes; (2) no; (3) no; and (4) no.

Affirmed (2, 3, 4) and reversed (1)

Facts: Scott Bardsley owns property in Troy where he lives with his partner, Dora. Defendants Earnest Anderson and Lizann Pluger live on the adjacent property, owned by Lizann’s uncle, Edwin Pluger.…

Hansen v. Bozeman Police Department

Hansen v. Bozeman Police Department, 2015 MT 143 (May 26, 2015) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in denying Hansen’s motion for leave to file an amended complaint; and (2) whether the district court properly granted summary judgment to the police department.

Short Answer: (1) No; and (2) yes.


Facts: Corey Hansen is a veteran who suffers from service-connected physical conditions, including a seizure disorder. He has a service dog that alerts him to oncoming seizures. In 2011, Hansen and some friends planned a visit to the C’Mon Inn in Bozeman. Hansen had a reservation and had stayed there with his service dog previously. He left copies of his dog’s certification papers on file at the hotel, and they were still on file when Hansen arrived to check in, accompanied by his service dog wearing the appropriate identification vest.…