Opinion
OP 23-0322
06-09-2023
KEITH JOSHUA ELENDIL, Petitioner, v. MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY, THE HONORABLE DAVID J. GRUBICH, PRESIDING, Respondent.
ORDER
Petitioner Keith Joshua Elendil, via counsel, seeks a writ of supervisory control to reverse the April 21, 2023 Order Denying State's Motion to Dismiss of the Eighth Judicial District Court, Cascade County, in Cause No. ADC-21-329, in which Elendil is the defendant. He further requests that the District Court matter 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 Eighth Judicial District Court and the State of Montana, or both, are each granted 20 days from the date of this Order, 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 Eighth Judicial District Court, Cascade County, Cause No. ADC-21-329, and the Honorable David J. Grubich, presiding.