Legal Opinion

Bates v. Anderson

Montana Supreme Court

Decided January 13, 2014No. DA 13-0374PublishedCited by 2 opinions

1Opinion of the CourtJustice Cotter

¶1 Gary Bates (Bates) appeals from the orders of the Eleventh *253Judicial District Court, Flathead County, denying his motion to withdraw or amend his admissions and granting the defendants’ motion for summary judgment. We reverse and remand.

¶2 A restatement of the dispositive issue on appeal is:

¶3 Did the District Court abuse its discretion in denying Bates’s motion to withdraw or amend his deemed admissions under Rule 36(b), Montana Rules of Civil Procedure ?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 In September 1999, Bates, a Michigan resident, visited Montana for a hunting trip organized by…

2Cases cited15 opinions

  1. Michael Perez v. Miami-Dade CountyCourt of Appeals for the Eleventh Circuit · 2002
  2. Michael J. Conlon v. United StatesCourt of Appeals for the Ninth Circuit · 2007
  3. Asea, Inc. v. Southern Pacific Transportation Company, a Corporation, and Harbor Belt Line, a PartnershipCourt of Appeals for the Ninth Circuit · 1982
  4. Ollie B. Hadley, Plaintiff-Counterclaim-Defendant-Appellant v. United States of America, Defendant-Counterclaimant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  5. 999, a Corporation, Plaintiff/appellee/cross-Appellant v. C.I.T. Corporation, a Corporation, Defendant/appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1985

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3Cited by2 opinions

  1. Stafford v. FockaertMontana Supreme Court · 2014
  2. Bates v. AndersonMontana Supreme Court · 2014

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