ECI Credit, LLC v. Diamond S Inc.

Justice James Jeremiah Shea, dissenting.

¶ 48 I dissent from the Court's resolution of Issue One. Specifically, I take issue with the Court's analysis of the first Becky factor-a plaintiff's diligence in prosecution of his claims-and the fourth Becky factor-pre-dismissal warning to the plaintiff. Becky , 245 Mont. at 8, 798 P.2d at 1015 ; Opinion, ¶¶ 16, 20-27, 39. I would hold that the District Court abused its discretion when it dismissed ECI's action pursuant to Diamond's Rule 41(b) Motion, and I would reverse the dismissal.

¶ 49 "[C]ourts exist primarily to afford a forum to settle…