West v. State Farm Mutual Automobile Insurance

MEMORANDUM

Sarah West and her parents, Ausra and James West, appeal the district court’s dismissal of their diversity action against State Farm Mutual Automobile Insurance Company, arising from Sarah West’s involvement in an automobile accident in a car owned by her parents and insured by State Farm. The Wests alleged breach of contract, violation of the Montana Unfair Trade Practices Act, tortious breach of statutory duties, fraud and breach of fiduciary duties, a punitive damages claim, negligent infliction of emotional distress, and intentional infliction of emotional distress. The district court granted State Farm’s motion to dismiss for failure to state a claim for relief under Federal Rule of Civil Procedure 12(b)(6), concluding that the Wests’ claims were barred by res judi-cata and collateral estoppel.

On appeal, the Wests challenge five non-dispositive orders by the magistrate judge. The Wests (1) moved for the magistrate judge to disqualify himself; (2) moved to compel State Farms’s compliance with untimely discovery requests; (3) moved to stay proceedings upon State Farm’s motion to dismiss until State Farm provided answers to the disputed discovery requests; and (4)…