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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

TONY GOLDEN,

) ) Plaintiff, ) ) vs. ) ) NORTHWESTERN CORPORATION, ) d/b/a NORTHWESTERN ENERGY, ) ) Defendant. ) ___________________________________ )

CV 12-190-M-DLC

ORDER

Defendant Northwestern Corporation, d/b/a/ Northwestern Energy, filed a motion to dismiss Count II of Plaintiff Tony Golden's complaint on November 29, 2012 (doc. 5). Plaintiff failed to respond to Defendant's motion. Defendant's motion is well-taken and will be granted pursuant to Local Rule 7.1(d)(1)(B). Plaintiff's complaint asserts claims for wrongful discharge (Count I) and negligent training and supervision (Count II) arising from his discharge from Northwestern Energy. Defendant moved to dismiss Count II of the complaint,

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arguing Montana's Wrongful Discharge from Employment Act ("WDEA") is Plaintiff's exclusive remedy for his discharge. Defendant further argues negligent supervision requires a third party actor and Plaintiff's claim fails because no third party is involved in the circumstances surrounding his discharge. Plaintiff's exclusive remedy lies under the WDEA. The WDEA provides the exclusive remedy for wrongful discharge in Montana with few exceptions. Mont. Code Ann.

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