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Draggin’ Y Cattle Co., Inc. v. Junkermeier, Clark, Campanella, Stevens, P.C.

Draggin’ Y Cattle Co., Inc. v. Junkermeier, Clark, Campanella, Stevens, P.C., 2017 MT 125 (May 30, 2017) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in holding that Judge Huss should have been disqualified and (2) whether the district court erred in vacating Judge Huss’s order issued after he should have disqualified himself.

Short Answer: No.

Affirmed

Facts: On remand following reversal of summary judgment for Junkermeier, Judge Huss assumed jurisdiction. Peters and Junkermeier entered into a settlement agreement and stipulated for entry of judgment without New York Marine’s participation or authorization in November 2014. New York Marine moved to intervene in December 2014 to oppose the settlement, and requested additional discovery and a stay of the scheduled reasonableness hearing.…