j ORIGINAL 08/27/2024

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0170

DA 23-0170

MONTY CLARENCE PETERSEN, Plaintiff and Appellant, v. ORDER JENNIFER J. SIMON, APRN, Defendant and Appellee.

Appellant, Monty Clarence Petersen, moves this Court for leave to file a supplemental brief pursuant to Mont. R. App. P. 12(10). Appellee, Jennifer J. Simon, APRN, opposes Petersen's motion.

Petersen seeks leave to file a supplemental brief to address this Court's recently issued Opinion in Estate of Phillips v. Robbins, 2024 MT 174, Mont. , P.3d Petersen asserts that "[t]here exist factual and legal differences between the instant case and Phillips, which [Petersen] would like an opportunity to explain." "Motions to file . . . supplemental briefs will not be routinely granted. Motions to file such briefs must be supported by an affidavit demonstrating extraordinary justification." Mont. R. App. P. 12(10). This Court is obviously well aware of our Opinion in Phillips and the factual and legal differences between this case and Phillips. Those differences are substantively addressed in our Opinion, issued contemporaneously with this Order.

Therefore, Appellant's Motio,n for Leave to File Supplemental Briefing is DENIED.

DATED this day of August, 2024.

FILED Chief Justice AUG 2 7 2024 Bowen Greenwood Clerk of Supreme Court State of Montano m