Mittelstaed et al v. State of Montana Child and Family Services Division et al, No. 1:2022cv00058 - Document 63 (D. Mont. 2024)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that Judge Cavan's 61 Findings and Recommendations, are ADOPTED IN FULL. IT IS FURTHER ORDERED that State Defendant's 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is GRANTED IN PART with prejudice as to Counts 7 and 8 and DENIED IN PART as to the remaining claims. The Rimrock Defendants 49 Motion to Dismiss for Failure to State a Claim is GRANTED and Count 9 is dismissed with prejudice. Signed by Judge Susan P. Watters on 2/14/2024. (EMH)
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Mittelstaed et al v. State of Montana Child and Family Services Division et al Doc. 63 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION ELISA MAY MITTELSTAED,et al., CV 22-58-BLG-SPW Plaintiffs, vs. STATE OF MONTANA CHILD AND ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS FAMILY SERVICES DIVISION,et al. Defendants. United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on January 9, 2024. (Doc. 61). Judge Cavan recommended the Court grant in part and deny in part the motion to dismiss filed by the State of Montana, the Montana Department of Public Health and Human Services ("DPHHS"), the Montana Department of Child and Family Services Division ("CFSD"), Ashlee Walker, Jason Larson, Debran Anderson ("Debran"), and Brittney Anderson("Brittney"),(collectively,"State Defendants"). {Id. at 2). Judge Cavan also recommended the Court grant the motion to dismiss filed by the Rimrock Foundation and Erin Awes(collectively,"Rimrock Defendants"). {Id.). State Defendants timely objected to a portion of the Findings and Recommendations. (Doc. 62). Neither Plaintiff Elisa Mittelstaed ("Plaintiff) nor Dockets.Justia.com
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