03/03/2021

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0512 DA 20-0512 _________________ CHARLES J. HERINGER, III, as the Trustee of the CHARLES J. HERINGER, III, Trust, dated May 20, 1999, as Amended and Restated; SHAWN A.

SCHAFFER and KRISTY M. SCHAFFER; MICHAEL A. DiFRONZO; TRACIE E. PABST; MOOSE 59, LLC; and MOOSE DROOL PROPERTIES, LLC, Plaintiffs and Appellants, ORDER v. BARNEGAT DEVELOPMENT GROUP, LLC; RZLDZL, LLC; and John and Jane Does 1-10; Defendants and Appellees. _________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Rienne McElyea, District Judge.

For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court March 3 2021