Opinion
OP 24-0017
01-16-2024
JOHN C. BURDICK, Petitioner, v. MONTANA SIXTH JUDICIAL DISTRICT COURT, PARK COUNTY, THE HONORABLE BRENDA GILBERT, PRESIDING, Respondent.
ORDER
Petitioner John C. Burdick, via counsel, seeks a writ of supervisory control to reverse and vacate the December 14, 2023 Order Denying Defendant's Motion to Require Specific Performance of Agreement to Enter Into Diversion in the Sixth Judicial District Court, Park County, in Cause No. DC-34-2022-17, in which Burdick is the defendant. He further requests that his trial in that matter, currently set for February 8 and 9, 2024, be stayed pending the resolution of this petition.
Having reviewed the Petition and the challenged Order, we deem it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Sixth Judicial District Court and the State of Montana, or both, are each granted until February 19, 2024, to prepare, file, and serve a response(s) to the petition for writ of supervisory control.
IT IS FURTHER ORDERED that the proceedings in the underlying case are STAYED pending this Court's decision on the Petition.
The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Sixth Judicial District Court, Park County, Cause No. DC-34-2022-17, and the Honorable Brenda Gilbert, presiding.