Ellison v. Kirkegard et al, No. 6:2017cv00045 - Document 80 (D. Mont. 2018)
Court Description: ORDER REJECTING 75 FINDINGS AND RECOMMENDATIONS. Disclosure Statement due by 1/4/2019. Criminal complaint 78 dismissed with prejudice. Request for evidentiary hearing ( 79 at 5) DENIED. Matter referred back to Judge Johnston for further proceedings. Signed by Judge Dana L. Christensen on 12/10/2018. Mailed to Ellison (TAG)
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Ellison v. Kirkegard et al Doc. 80 Dockets.Justia.com evidentiary hearing at this time is premature. There are no pending motions beore the Court and the matter is not yet ready or trial. Ellison will have an opportunity to develop the actual record through the process of discovery and trial, however, he must irst ile his initial disclosure statement so that his case may proceed. Because Federal Rule of Civil Procedure 43 gives the Court wide discretion to take oral testimony, the Court will exercise that discretion and deny Ellison's request or an evidentiary hearing as unnecessary. Accordingly, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 75) is rejected. IT IS FURTHER ORDERED that Ellison shall ile his initial disclosures on or beore January 11, 2019. If he ails to do so, this case shall be dismissed. IT IS FURTER ORDERED that Ellison's criminal complaint (Doc. 78) is dismissed with prejudice. IT IS FRTHER ORDERED that Ellison's request for an evidentiary hearing (Doc. 79 at 5) is DENIED. This matter is reerred back to Judge Johnston or urther proceedings consistent with this order. -7-
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