ORIGINAL IN THE SUPREME COURT OF THE STATE OF MONTANA 08/10/2020

Case Number: DA 20-0236 DA 20-0236 FILED JOHN C. RYAN, AUG 1 0 2020 Bowen Greenvvoon Plaintiff and Appellant, Clerk of S,Aprerne Cotin

v. ORDER JIM BELAND, Defendant and Appellee.

Plaintiff and Appellant John C. Ryan filed his Notice of Appeal on April 24, 2020. On May 19, 2020, mediator Michael Alan Ferrington was appointed pursuant to M. R. App. P. 7 after the parties failed to jointly and timely select a mediator. On July 23, 2020, Ferrington informed the parties to this appeal and this Court that Appellant failed to provide a Statement of Position in spite of multiple requests, and as such Ferrington was unable to proceed and had withdrawn as mediator.

Under M. R. App. P. 7(3)(a), upon filing of a notice of appeal, the parties and mediator shall have 75 days in which to complete the mediation process. Rule 7(8) provides that this Court may sua sponte irnpose sanctions for substantial noncompliance with Rule 7, including dismissal ofappeal. This Court has determined dismissal is warranted in this case as Appellant's failure to participate thwarted the mediation process and the tirne for such has expired.

IT IS THEREFORE ORDERED that this case is DISMISSED WITH PREJUDICE.

The Clerk is directed to provide copies of this Order to John C. Ryan and to all counsel of record.

DATED this I0 day of August, 2020.

For the Court,

ChiefJustice