Saslav v. Howe

01/23/2025 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 25-0054 Case Number: DA 25-0054 _________________ DAVID SASLAV, MONTANA ENVIRONMENTAL INFORMATION CENTER, and KAYLEE HAFER, Plaintiffs and Appellees, and MONTANA FREE PRESS, THE ASSOCIATED PRESS, MONTANA BROADCASTERS ASSOCIATION, MONTANA NEWSPAPER ASSOCIATION, DAILY MONTANAN, HAGADONE MEDIA MONTANA, LLC, LEE ENTERPRISEES, INC., and ADAMS PUBLISHING GROUP, Intervenor-Plaintiffs and Appellees, ORDER v. JERRY HOWE, in his official capacity as EXECUTIVE DIRECTOR OF THE MONTANA LEGISLATIVE SERVICES DIVISION of the MONTANA STATE LEGISLATURE, MONTANA LEGISLATIVE SERVICES DIVISION of the MONTANA LEGISLATURE, Defendants and Appellants, and STATE OF MONTANA, and STATE SENATOR BARRY USHER, Intervenor-Defendants and Appellants. _________________ Intervenor-Defendants and Appellants State of Montana and State Senator Barry Usher have moved this Court to immediately stay the January 21, 2025 Order Granting Preliminary Injunction and Writ of Mandamus of the Eighth Judicial District Court, Cascade County, in its Cause No. CDV-24-539. That Order, in part, requires the Legislative Services Division to produce the complete, unredacted contents of junque files requested by the Plaintiffs and Intervenor-Plaintiffs within five business days. Appellants request that this Court grant it relief on an emergency basis because the District Court’s Order does not provide adequate time for them to seek a stay through M. R. App. P. 22(1).

Having reviewed the motion for stay and included exhibits, this Court deems it appropriate to request response(s) on an expedited basis.

IT IS THEREFORE ORDERED that the Appellees are each granted until the close of business on Friday, January 24, 2025, to prepare, file, and serve a response(s) to the motion for stay.

The Clerk is directed to provide notice of this Order to counsel for all parties.

2 Electronically signed by: Cory Swanson Chief Justice, Montana Supreme Court January 23 2025