Cole et al v. Federal Bureau of Investigation et al
Plaintiff: Earline Cole, Cletus Cole and Veronica Springfield
Defendant: Federal Bureau of Investigation, United States Attorneys Office, Eric Barnhart, Marty Jackley, Maura Kohn, Matthew Oravec and Ernest Weyand
Case Number: 1:2009cv00021
Filed: February 24, 2009
Court: US District Court for the District of Montana
Office: Billings Office
County: YELLOWSTONE
Presiding Judge: Richard F. Cebull
Presiding Judge: Carolyn S Ostby
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 16, 2020 Opinion or Order Filing 349 ORDERED: This case is DISMISSED with prejudice, each party to bear its own costs.The trial set for June 22, 2020, and all remaining deadlines are VACATED. Signed by Judge Sam E Haddon on 6/16/2020. (HEG)
March 26, 2020 Opinion or Order Filing 336 ORDERED: The following will offer exhibits without objections are ADMITTED. See order for admitted exhibits. Signed by Judge Sam E Haddon on 3/26/2020. (HEG)
March 25, 2020 Opinion or Order Filing 334 ORDERED: Plaintiff Coles Request to Participate in Telephone Hearing is GRANTED AS FOLLOWS: Plaintiffs Earline and Cletus Cole may attend the telephonic hearing set for March 26, 2020, at 2:00 p.m. Signed by Judge Sam E Haddon on 3/25/2020. (HEG)
February 7, 2020 Opinion or Order Filing 306 ORDER : On or before February 14, 2020, each party shall file and provide to chambers complete sets of all interrogatories served by the party and of all answers to such interrogatories received from any party, if any portion of the answers are to be offered at trial. See Order for additional deadlines and information. Signed by Judge Sam E Haddon on 2/7/2020. (JEH)
August 21, 2019 Opinion or Order Filing 282 ORDERED: re 281 Revised briefs prepared in compliance with the Court's Order of August 20, 2019, will be due on or before 4:45 p.m. on August 30, 2019. Response briefs will be due on or before September 13, 2019. Reply briefs will be due on or before September 27, 2019. Signed by Judge Sam E Haddon on 8/21/2019. (HEG)
August 8, 2019 Opinion or Order Filing 276 ORDERED: Upon the record made in open court:All remaining issues in this case will be tried, if appropriate, to the Courtsitting without a jury. Signed by Judge Sam E Haddon on 8/8/2019. (HEG)
July 15, 2019 Opinion or Order Filing 267 ORDER. Each party will file a brief on or before close of business of Wednesday, July 24, 2019, directed to the specific question of whether Plaintiffs are entitled to a jury trial of the remaining Fifth Amendment claim asserted in the case. Each party shall have the option to file a response brief on or before close of business on July 31, 2019. Signed by Judge Sam E Haddon on 7/15/2019. (NOS)
July 9, 2019 Opinion or Order Filing 265 ORDERED: Jean Bearcrane,Esq., will remain as counsel of record for Plaintiffs with all duties and responsibilities required by L.R. 83. I ( d)(6) pending address and disposition of yet unresolved issues relevant to whether Bearcrane or Bangert, or both, have heretofore met and fulfilled responsibilities and obligations required of them to the Court, to opposing counsel, and by the rules of this Court as counsel of record. Signed by Judge Sam E Haddon on 7/9/2019. (HEG)
June 27, 2019 Opinion or Order Filing 259 ORDERED: re 258 Notwithstanding Plaintiffs' failure to comply with L.R. 7.l(c)(l), the Court will take up and consider the Motion for Leave for the Withdrawal of Counsel of Record at 9:00 a.m. on July 2, 2019, in advance of the hearing on Defendants' Motion for Summary Judgment. 2. All counsel of record for Plaintiffs are expected to be in attendance for the July 2, 2019, motions hearings. Signed by Judge Sam E Haddon on 6/27/2019. (HEG)
June 10, 2019 Opinion or Order Filing 253 ORDERED: re 252 Jean Bearcrane, Esq., shall, on or before close of business on June 12, 2019, file the notice and written report as ordered on May 30, 2019. Failure or refusal to file the notice and written report may result in the imposition of sanctions for noncompliance of the Court's lawful order. Signed by Judge Sam E Haddon on 6/10/2019. (HEG)
May 24, 2019 Opinion or Order Filing 250 ORDER granting 249 Motion to Excuse Lead Defense Counsel or Reschedule Hearing. James G. Bartolotto, Esq is excused from attending the May 31, 2019 hearing. Signed by Judge Sam E Haddon on 5/24/2019. (JEC)
April 29, 2019 Opinion or Order Filing 235 MEMORANDUM AND ORDER: Plaintiffs' Motion to Compel Responses to Discovery is DENIED. Signed by Judge Sam E Haddon on 4/29/2019. (HEG) Modified on 4/29/2019 TO UPDATE TEXT (HEG).
March 7, 2019 Opinion or Order Filing 202 ORDERED: Defendants' Motion to Extend Deadline for Summary Judgment Motions 189 is GRANTED to the extent and upon the condition stated in this Order. The parties shall have to and including March 29, 2019, in which to file: (1) any additional or renewed summary judgment motion or motions; and (2) a brief in support. Briefs in response to any additional or renewed summary judgment motion or motions shall be filed on or before April 19, 2019. Optional reply briefs shall be due on or before May 3, 2019. All summary judgment filings shall comply with L.R. 56. l. Signed by Judge Sam E Haddon on 3/7/2019. (HEG)
March 22, 2018 Opinion or Order Filing 165 ORDER granting 164 Unopposed MOTION for Extension of Time to File Response/Reply as to 162 MOTION to Dismiss Plaintiffs' Bivens claim filed by Earline Cole ( Responses due by 4/2/2018.) Signed by Magistrate Judge Timothy J. Cavan on 3/22/2018. (AEC)
July 22, 2014 Opinion or Order Filing 142 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and GRANTING Defendant Oravec's 126 Motion for Summary Judgment Signed by Judge Sam E Haddon on 7/22/2014. (ACL, )
June 26, 2014 Opinion or Order Filing 138 FINDINGS AND RECOMMENDATIONS re 126 MOTION for Summary Judgment filed by Matthew Oravec. IT IS RECOMMENDED that Oravec's summary judgment motion (ECF 126) be GRANTED. Signed by Magistrate Judge Carolyn S Ostby on 6/26/2014. (JDH, )
February 6, 2014 Opinion or Order Filing 122 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Defendant's Motion for Judgment on the Pleadings and for Partial Summary Judgment is GRANTED IN PART AND DENIED, as set forth in Judge Ostby's F & R. Defendant's Motion for Judgment on the Pleadings respecting the Springfield claims is GRANTED; Defendants Motion for Partial Summary Judgment respecting the Bearcrane claims is DENIED. Signed by Judge Sam E Haddon on 2/6/2014. (ACL, )
January 23, 2014 Opinion or Order Filing 119 FINDINGS AND RECOMMENDATIONS re 96 MOTION for Judgment on the Pleadings and MOTION for Partial Summary Judgment filed by Matthew Oravec. IT IS RECOMMENDED that Oravec's motion (ECF 96) be DENIED to the extent he seeks p artial summary judgment respecting the Bearcrane claims, but GRANTED to the extent it seeks judgment on the pleadings respecting the Springfield claims, as set forth herein. Signed by Magistrate Carolyn S Ostby on 1/23/2014. (JDH, ) Modified on 1/28/2014 to change to written opinion. (NOB)
June 17, 2010 Opinion or Order Filing 56 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - IT IS ORDERED that the Motion to Dismiss the Amended Complaint is GRANTED in part and DENIED in part. Counts I, II, IV and V are dismissed, and Count III is dismissed except as to the claims of the Personal Representatives against Defendant Matthew Oravec. Signed by Judge Richard F. Cebull on 6/17/2010. (ACL, )
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Search for this case: Cole et al v. Federal Bureau of Investigation et al
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Plaintiff: Earline Cole
Represented By: N. Jean Bearcrane
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Plaintiff: Cletus Cole
Represented By: N. Jean Bearcrane
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Plaintiff: Veronica Springfield
Represented By: N. Jean Bearcrane
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Defendant: Federal Bureau of Investigation
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Defendant: United States Attorneys Office
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Defendant: Eric Barnhart
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Defendant: Marty Jackley
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Defendant: Maura Kohn
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Defendant: Matthew Oravec
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Defendant: Ernest Weyand
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