Opinion
DA 21-0410
11-01-2021
CRAZY MOUNTAIN CATTLE CO., RICHARD JARRETT, and ALFRED ANDERSON, Plaintiffs and Appellants, v. WILD EAGLE MOUNTAIN RANCH, ROCK CREEK RANCH I LTD., a Texas limited partnership, YELLOWSTONE RIVER RANCH d/b/a DIANA'S GREAT IDEA, LLC, a Montana limited liability company; ENGWIS INVESTMENT COMPANY, LTD., a Montana limited partnership; R.F. BUILDING COMPANY, LP, a Montana limited partnership, Defendants and Appellees.
ORDER
MIKE McGRATH CHIEF JUSTICE.
The record was filed for purposes of this appeal on September 29, 2021. Under M. R. App. P. 13(1), the opening brief was due October 29, 2021. Appellants Crazy Mountain Cattle Co., Richard Jarrett, and Alfred Anderson did not file an opening brief on that date, nor did Appellants move for an extension of time. Instead, Appellants filed a Motion for Briefing Schedule on the day their brief was due.
Appellants did not indicate in their Motion for Briefing Schedule whether opposing counsel was contacted concerning the motion and whether opposing counsel objects to the motion, as required by M. R. App. P. 16(1). That motion is therefore denied. Appellant's opening brief is now overdue.
THEREFORE, IT IS ORDERED that Appellant's Motion for Briefing Schedule is DENIED.
IT IS FURTHER ORDERED that Appellant shall prepare, file, and serve the opening brief on appeal no later than December 1, 2021. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice.
The Clerk is directed to provide copies of this Order to all counsel of Record. 1