Palmer v. Montana Department of Health and Human Services et al, No. 1:2021cv00038 - Document 106 (D. Mont. 2024)

Court Description: ORDER. IT IS SO ORDERED that Judge Cavan's (99 in 1:21-cv-00038-SPW, 51 in 1:22-cv-00025-SPW) Findings and Recommendations are REJECTED as to his finding that MAPA governed the due process procedures, his finding that disputed facts exist as to whether Plaintiff relied on the statement in the Inspection Report, and his recommendation the Court deny summary judgment on Plaintiffs negligent misrepresentation claim. His Findings and Recommendations are ADOPTED as to all other issues. Plaintif f's (74 in 1:21-cv-00038-SPW, 33 in 1:22-cv-00025-SPW) Motion for Miscellaneous Relief is DENIED. Plaintiff's (79 in 1:21-cv-00038-SPW, 38 in 1:22-cv-00025-SPW) Motion for Partial Summary Judgment is DENIED. The States (80 in 1:21-cv-00 038-SPW) Motion for Summary Judgment is GRANTED as to Counts II, V, and VII; GRANTED IN PART as to Count VI (employment and privacy rights); and DENIED as to all remaining claims.. Signed by Judge Susan P. Watters on 3/27/2024. Associated Cases: 1:21-cv-00038-SPW, 1:22-cv-00025-SPW (EMH)

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Palmer v. Montana Department of Health and Human Services et al Doc. 106 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION CV 21-38-BLG-SPW STEVEN PALMER d/b/a MONTANA Consolidated with Member Case: CV 22-25-BLG-SPW ORGANIC MEDICAL SUPPLY, Plaintiff, V. ORDER MONTANA DEPARTMENT OF HEALTH AND HUMAN SERVICES; DARCIWIEBE in her individual and official capacity; JAMIN GRANTHAM,in his individual and official capacity; CITY OF BILLINGS; STEVE HALLAM in his individual capacity; and JOHN DOES 1-10, Defendants. Before the Court is United States Magistrate Judge Timothy Cavan's Findings and Recommendations on Plaintiff Steven Palmer d/b/a Montana Organic Medical Supply's Motion for Collateral Estoppel (Doc. 74), Plaintiff's Motion for Partial Summary Judgment on Counts II and VI (Doc. 79), and Defendant Montana Department of Heath and Human Services'("DPHHS" or "the State") Motion for Summary Judgment(Doc. 80).^ (Doc. 99). Judge Cavan recommended the Court 'Plaintiffs Motion for Collateral Estoppel and Motion for Partial Summary Judgment on Counts II and VI were also filed in Member Case CV 22-25-BLG-SPW. The motions in the Member Case are identical to the motions in the lead case, and the Findings and Recommendations address all 1

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