LaPlante v. Town Pump, Inc.

• Citation: 2012 MT 63,364 Mont. 323,274 P.3d 724
• Decision Date: 13 March 2012
• Docket Number: No. DA 11–0486.,DA 11–0486.
• Parties: Judith LaPLANTE, Plaintiff and Appellant, v. TOWN PUMP, INC., and Major Brands Distributing Imports, Inc., Defendants and Appellees.
• Court: United States State Supreme Court of Montana

2012 MT 63
274 P.3d 724
364 Mont. 323

Judith LaPLANTE, Plaintiff and Appellant,
v.
TOWN PUMP, INC., and Major Brands Distributing Imports, Inc., Defendants and Appellees.

No. DA 11–0486.

Supreme Court of Montana.

Submitted on Briefs Jan. 18, 2012.Decided March 13, 2012.

[274 P.3d 725]

For Appellant: Thomas A. Marra and Antonia P. Marra; Marra, Sexe, Evenson & Bell, P.C., Great Falls, Montana.

For Appellee: Stephanie A. Hollar and William J. Gregoire; Smith, Walsh, Clarke & Gregoire, PLLP, Great Falls, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

[364 Mont. 324] ¶ 1 Judith LaPlante (LaPlante) appeals an order of the Ninth Judicial District Court, Glacier County, denying her motion for substitution of judge. We affirm.

¶ 2 LaPlante raises the following issue:

¶ 3 Did the District Court properly deem LaPlante's substitution motion untimely?

¶ 4 LaPlante filed an action in 1996 in Blackfeet Tribal Court against Town Pump, Inc. and Major Brands Distributing Imports, Inc. (collectively “Town Pump”). She alleged that Town Pump had dumped chemicals on tribal lands, and that her exposure to these toxic chemicals had caused her injury. Town Pump challenged the Blackfeet Tribal Court's subject matter jurisdiction over the matter. The case proceeded through the Blackfeet Tribal Court system before moving to the federal judicial system. The Ninth

[274 P.3d 726]

Circuit eventually resolved the issue fourteen years later when it ruled in September 2010 that the tribal court lacked jurisdiction over LaPlante's claims. Town Pump v. LaPlante, 394 Fed.Appx. 425 (9th Cir.2010).

¶ 5 LaPlante filed a new action in state district court in Glacier County in December 2010. District Court Judge Laurie McKinnon assumed jurisdiction. LaPlante attempted to commence the action in district court by transferring the tribal court action rather than filing a new complaint. Town Pump sought to dismiss the purported transfer. Town Pump claimed that LaPlante needed to file a new complaint rather than seek a transfer of the case from tribal court. Town Pump argued that the tribal court never possessed jurisdiction over the original complaint, and, therefore, no action existed that could be transferred to district court. The District Court heard argument on the motion to dismiss in April 2011 and took the matter under submission.

¶ 6 The District Court conducted a scheduling conference on June 2, 2011. The court announced that it would grant Town Pump's pending motion to dismiss and would issue a written order to that effect. The court nevertheless determined that the parties could set a scheduling order on what the court believed would be LaPlante's newly filed complaint and proceed with a February 2012 trial. LaPlante's counsel agreed with this approach: “Absolutely, your Honor. We've argued all along that we should just take off from where we left off [in Tribal Court], so from our perspective that's where we should be; and the complaint should be nothing more than a perfunctory act.” LaPlante [364 Mont. 325] accordingly agreed to quickly file a complaint. Town Pump's counsel agreed that it would accept service to prevent any further delay.

¶ 7 The District Court issued its written order on June 24, 2011, to dismiss LaPlante's attempted transfer of the action from tribal court. The court reasoned that it could not accept a transfer of action initiated in tribal court in light of the tribal court's lack of jurisdiction. The court concluded the order by providing LaPlante with “twenty days from the date of this order to file and serve their Complaint upon Defendants.” The court also noted that the parties could petition to amend the scheduling order if it became necessary.

¶ 8 LaPlante apparently determined based upon the dismissal order that she could create a new cause of action. She filed a complaint on June 28, 2011, as a new action rather than as an amended pleading in the original transfer action. Judge McKinnon, the only district court judge in the Ninth Judicial District, also assumed jurisdiction of the new action and consolidated the two cases. LaPlante filed a motion to substitute Judge McKinnon in the new action on June 29, 2011. Judge McKinnon denied the motion as untimely. LaPlante appeals.

STANDARD OF REVIEW

¶ 9 We review...