07/20/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 22-0057

DA 22-0057 _________________ THOMAS PENNELL and MINDY PENNELL, Plaintiffs and Appellants, v. ORDER NATIONSTAR MORTGAGE, LLC d/b/a MR. COOPER; FIRST AMERICAN TITLE COMPANY OF MONTANA, INC.; DANIEL INMAN; and JOHN DOES 1-10, Defendants and Appellees. _________________ Appellants Thomas Pennell and Mindy Pennell, via counsel, have moved for an extension of time until August 19, 2022, to file their Reply Brief in this matter. The Pennells further request an extension of time until August 19, 2022, “for an amicus curiae to file an Amicus Brief.” Counsel asserts that neither Appellees nor Montana Land Title Association (MLTA), which filed an Amicus Brief, object to this motion.

An Amicus Brief may be filed by one who is not a party, but who is invited or granted leave to do so upon motion to this Court. M. R. App. P. 2(2). Here, only MLTA has moved for leave to participate as amicus and, as indicated above, this Court granted leave and MLTA filed its brief. As no other amicus has moved for leave to participate, there is no Amicus Brief due for which we could grant such extension as the Pennells request.

IT IS ORDERED that Appellants’ motion for extension of time to file their Reply Brief is GRANTED. Appellant shall prepare, file, and serve the brief on or before August 19, 2022. No further extensions will be granted.

IT IS FURTHER ORDERED that Appellants’ motion for extension of time for the filing of an Amicus Brief is DENIED as MOOT.

The Clerk is directed to provide a true copy of this Order to all parties of record.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court July 20 2022