McLain et al v. McLain et al
Plaintiff: Faith McLain, Christeen McLain, John McLain, Molly McLain, Matthew McLain, Mary McLain and Mira McLain
Defendant: Francis McLain, Caroline McLain, Alakhi Joy McLain, Sohnja May McLain and Dane Sehaj McLain
Intervenor_defendant: The United States of America
Counter_claimant: The United States of America, Alakhi Joy McLain, Sohnja May McLain, Dane Sehaj McLain, Caroline McLain and Francis McLain
Counter_defendant: Faith McLain, Christeen McLain, John McLain, Molly McLain, Mira McLain, Matthew McLain and Mary McLain
Cross_claimant: The United States of America
Cross_defendant: Francis McLain, Caroline McLain, Alakhi Joy McLain, Sohnja May McLain, Dane Sehaj McLain, American Bank of Montana and Brad D. Hall
Case Number: 1:2016cv00036
Filed: April 8, 2016
Court: US District Court for the District of Montana
Office: Billings Office
County: PARK
Presiding Judge: Carolyn S Ostby
Presiding Judge: Susan P. Watters
Nature of Suit: Taxes (US Plaintiff or Defendant)
Cause of Action: 28 U.S.C. ยง 2410
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
September 29, 2023 Opinion or Order Filing 345 ORDER denying 338 Motion to Alter Judgment. Signed by Judge Susan P. Watters on 9/29/2023. (EMH)
March 1, 2023 Opinion or Order Filing 336 FINDINGS OF FACT AND CONCLUSIONS OF LAW, JUDGMENT. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall enter judgment in favor of Intervenor Defendant The United States of America on Count III of the Intervenor Complaint (Doc. 20), and in favor of Defendants on Counts I and II of the Intervenor Complaint (Id.). Signed by Judge Susan P. Watters on 3/1/2023. (AMC)
January 3, 2023 Opinion or Order Filing 332 ORDER re 331 Amended Proposed Findings of Fact, filed by Dane Sehaj McLain, Sohnja May McLain, Alakhi Joy McLain, Caroline McLain, Francis McLain. IT IS SO ORDERED that Defendants Francis McLain, et al.'s ("Defendants") 331 Amended Proposed Findings of Fact is STRICKEN. Signed by Judge Susan P. Watters on 1/3/2023. (EMH)
December 20, 2022 Opinion or Order Filing 330 ORDER granting 324 Motion for Admission of Trial Exhibits. IT IS HEREBY ORDERED that Exhibits 14, 17, and 515 are ADMITTED. Signed by Judge Susan P. Watters on 12/20/2022. (EMH)
November 2, 2022 Opinion or Order Filing 313 ORDER granting Unopposed 312 Motion to Attend Final Pretrial Conference Remotely. Francis McLain and Caroline McLain may attend the Final Pretrial Conference in this matter on November 3, 2022 at 1:30 PM via zoom . (see call in instructions in order) Signed by Judge Susan P. Watters on 11/2/2022. (EMH)
October 27, 2022 Opinion or Order Filing 308 ORDER, IT IS HEREBY ORDERED that Intervenor Defendant the United States of America's 293 First MOTION in Limine is GRANTED. IT IS FURTHER ORDERED that Defendant Francis McLain et al.'s 294 MOTION in Limine is GRANTED as to exclusion of his criminal conviction for damage to government property and DENIED to all other issues. Signed by Judge Susan P. Watters on 10/27/2022. (EMH)
October 18, 2022 Opinion or Order Filing 307 ORDER, Pursuant to the parties' 306 Stipulation for a Nonjury Trial filed on October 18, 2022, IT IS HEREBY ORDERED that the matter is set for a bench trial on November 14,2022. IT IS FURTHER ORDERED that Intervenor Defendant The United States of America's Motion to Strike Jury Demand (Doc. 289) is DENIED as moot. Signed by Judge Susan P. Watters on 10/18/2022. (EMH)
October 17, 2022 Opinion or Order Filing 304 ORDER, IT IS ORDERED that Defendant Francis McLain's 297 MOTION to Certify is DENIED. IT IS FURTHER ORDERED that Defendant Francis McLain's 303 MOTION to Stay is DENIED. Signed by Judge Susan P. Watters on 10/17/2022. (EMH)
May 24, 2022 Opinion or Order Filing 285 ORDER denying 273 MOTION to Clarify and 270 MOTION FOR JUDICIAL NOTICE filed by Francis McLain. Signed by Judge Susan P. Watters on 5/24/2022. (EMH)
May 20, 2022 Opinion or Order Filing 284 ORDER, IT IS HEREBY ORDERED that the United States' 264 MOTION for Partial Summary Judgment is DENIED. IT IS FURTHER ORDERED that Defendants' 267 MOTION for Summary Judgment filed by Dane Sehaj McLain, Sohnja May McLain, Alakhi Joy McLain, Caroline McLain, Francis McLain is DENIED. Signed by Judge Susan P. Watters on 5/20/2022. (EMH)
December 7, 2021 Opinion or Order Filing 263 ORDER denying Defendant Francis McLain's 248 MOTION VERIFIED MOTION II FOR RELIEF UNDER FRCP 60(b)(4) FROM THE VOID JUDGMENT IN CASE NO. 08-CR-10 IN THE U.S. DISTRICT COURT OF MINNESOTA, 241 MOTION VERIFIED MOTION FOR RELIEF UNDER FRCP 60(b)(4) FROM THE VOID JUDGMENT IN CASE NO. 08-CR-10 IN THE U.S. DISTRICT COURT OF MINNESOTA, 240 MOTION DEFENDANT'S CHALLENGE TO GOVERNMENT'S JURISDICTION, and 239 MOTION VERIFIED MOTION FOR RELIEF UNDER FRCP 60(b)(4) FROM THE FINAL JUDGMENT IN CASE NO. 08-CR-138 IN THE U.S. DISTRICT COURT OF MONTANA. Signed by Judge Susan P. Watters on 12/7/2021. (EMH)
September 28, 2021 Opinion or Order Filing 259 ORDER,IT IS HEREBY ORDERED that, due to the Plaintiffs' recent dismissal from the case, the motions deadline shall be re-opened. Parties shall file motions by November 29,2021. Pending resolution of those motions, the Court shall issue a subsequent scheduling order setting a new trial date if needed. Signed by Judge Susan P. Watters on 9/28/2021. (EMH)
September 22, 2021 Opinion or Order Filing 258 IT IS HEREBY ORDERED that the final pretrial conference set for October 7, 2021 at 1:30 p.m. and the trial currently set for October 18, 2021 at 9:00 a.m. and related pretrial proceedings set forth in the Court's April 19, 2021 Order (Doc. 238) are VACATED. The Court will issue a new trial order following the telephonic Status Conference set for September 28, 2021 at 9:30 a.m. Signed by Judge Susan P. Watters on 9/22/2021. (AMC)
August 5, 2021 Opinion or Order Filing 244 ORDER, IT IS ORDERED that within 30 days of the date of this Order, the parties shall file a stipulation to dismiss together with a proposed order dismissing certain portions of the case. IT IS FURTHER ORDERED that upon receipt of the Stipulation and issuance of the Order dismissing, the Court will schedule a status conference regarding going forward with trial on the remaining issues. Signed by Judge Susan P. Watters on 8/5/2021. (EMH)
April 8, 2021 Opinion or Order Filing 235 ORDER DENYING with leave to re-file 233 Motion Signed by Judge Susan P. Watters on 4/8/2021. NOTE: if counsel re-files this motion you will use the event: MOTION TO CONTINUE, not MISC. RELIEF. (AMC)
March 23, 2021 Opinion or Order Filing 232 ORDER GRANTING 231 Motion to Appear Pro Hac Vice for Attorney Derrick L. Braaten for Plaintiffs Matthew McLain,Mira McLain, Molly McLain. Signed by Judge Susan P. Watters on 3/23/2021. (AMC)
March 1, 2021 Opinion or Order Filing 227 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND DENYING 213 MOTION for this Court to Acknowledge that the Underlying "Indictments" are Fatally Flawed and Violate the Fifth Amendment. Signed by Judge Susan P. Watters on 3/1/2021. (AMC)
January 12, 2021 Opinion or Order Filing 223 Franks Motion (Doc. 222) is DENIED with leave to renew. See order for full details. Copy mailed to Francis McLain. Signed by Magistrate Judge Timothy J. Cavan on 1/12/2021. (HEG)
December 14, 2020 Opinion or Order Filing 221 ORDER. IT IS HEREBY ORDERED that the 209 FINDINGS AND RECOMMENDATIONS entered by the United States Magistrate Judge are ADOPTED IN FULL. IT IS FURTHER ORDERED that the McLain Defendants' 172 Motion for Summary Judgment Re: Disposition of E-3 Property After Invalidation of E-3 Ranch Trust is DENIED. Signed by Judge Susan P. Watters on 12/14/2020. (EMH)
November 9, 2020 Opinion or Order Filing 220 ORDER RE MAGISTRATE'S FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that the 208 FINDINGS AND RECOMMENDATIONS entered by the United States Magistrate Judge are ADOPTED IN FULL. IT IS FURTHER ORDERED that the United State's 169 Motion for Partial Summary Judgment is GRANTED. Defendant Frank McLain's 187 Motion for Partial Summary Judgment is DENIED. Signed by Judge Susan P. Watters on 11/9/2020. (EMH)
February 19, 2019 Opinion or Order Filing 159 ORDER granting 158 Motion Kyra A. Hill to Appear Pro Hac Vice. Acknowledgment of PHV Order due by 3/6/2019. Signed by Magistrate Judge Timothy J. Cavan on 2/19/2019. (S.N. notified.) (JDR)
October 15, 2018 Opinion or Order Filing 146 ORDER denying 133 Motion to Sever Counterclaim. Signed by Magistrate Judge Timothy J. Cavan on 10/15/2018. (JDR)
March 12, 2018 Opinion or Order Filing 132 ORDER ADOPTING IN PART FINDINGS AND RECOMMENDATIONS. It is Hereby Ordered that Judge Cavan's 122 Findings and Recommendations are adopted in full except for: The recommendation that Bernard's interest in the E-3 Ranch automatically ves ted in his devisees upon his death, which is rejected; and the recommendation that the Court stay the case, which is rejected. The McLain Defendant's motion for summary judgment 82 and the McLain Defendant's cross motion for summary judgment 96 are denied. Signed by Judge Susan P. Watters on 3/12/2018. (EMH)
March 6, 2018 Opinion or Order Filing 131 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Accordingly, it is hereby ordered: Judge Cavan's findings and recommendations 121 are adopted infull. Frank's objections are overruled; The United States' motion to dismiss 79 is granted; and Frank's counterclaim 94 is dismissed with prejudice. Signed by Judge Susan P. Watters on 3/6/2018. (EMH)
February 23, 2017 Opinion or Order Filing 75 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that the proposed Findings and Recommendation entered by Judge Ostby 67 are ADOPTED IN FULL. IT IS FURTHER ORDERED that the McLain Defendants' Motion for Summary Judgment on Adverse Possession 23 is DENIED. IT IS FURTHER ORDERED that the McLain Plaintiffs' Cross-Motion for Summary Judgment on Adverse Possession 30 is DENIED. IT IS FURTHER ORDERED that the McLain Defendants' Motion to Dismiss the United States� 39; Intervenor Complaint (Doc. 23) is DENIED, with leave to renew with regard to the United States' alternate claim on Frank's beneficial interest. IT IS FURTHER ORDERED that the McLain Defendants' objections to the proposed Findings and Recommendation are OVERRULED. Signed by Judge Susan P. Watters on 2/23/2017. (EMH)
October 28, 2016 Opinion or Order Filing 68 ORDER. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters and is REFERRED to the Honorable Carolyn S. Ostby Signed by Judge Susan P. Watters on 10/27/2016. (Copies mailed to conventional filers) (AMC, )
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Search for this case: McLain et al v. McLain et al
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Plaintiff: Faith McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: Christeen McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: John McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: Molly McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: Matthew McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: Mary McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Plaintiff: Mira McLain
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Defendant: Francis McLain
Represented By: Alexander L. Roots
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Defendant: Caroline McLain
Represented By: Alexander L. Roots
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Defendant: Alakhi Joy McLain
Represented By: Alexander L. Roots
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Defendant: Sohnja May McLain
Represented By: Alexander L. Roots
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Defendant: Dane Sehaj McLain
Represented By: Alexander L. Roots
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Intervenor_defendant: The United States of America
Represented By: Victoria L. Francis
Represented By: Ryan S. Watson
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Counter_claimant: The United States of America
Represented By: Victoria L. Francis
Represented By: Ryan S. Watson
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Counter_claimant: Alakhi Joy McLain
Represented By: Alexander L. Roots
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Counter_claimant: Sohnja May McLain
Represented By: Alexander L. Roots
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Counter_claimant: Dane Sehaj McLain
Represented By: Alexander L. Roots
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Counter_claimant: Caroline McLain
Represented By: Alexander L. Roots
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Counter_claimant: Francis McLain
Represented By: Alexander L. Roots
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Counter_defendant: Faith McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: Christeen McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: John McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: Molly McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: Mira McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: Matthew McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Counter_defendant: Mary McLain
Represented By: Elizabeth Worth Lund
Represented By: Allan H. Baris
Represented By: Elizabeth Worth Lund
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Cross_claimant: The United States of America
Represented By: Victoria L. Francis
Represented By: Ryan S. Watson
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Cross_defendant: Francis McLain
Represented By: Alexander L. Roots
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Cross_defendant: Caroline McLain
Represented By: Alexander L. Roots
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Cross_defendant: Alakhi Joy McLain
Represented By: Alexander L. Roots
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Cross_defendant: Sohnja May McLain
Represented By: Alexander L. Roots
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Cross_defendant: Dane Sehaj McLain
Represented By: Alexander L. Roots
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Cross_defendant: American Bank of Montana
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Cross_defendant: Brad D. Hall
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