Morris et al v. First Interstate Bank
Plaintiff: Brandy Morris and Brenda Gray
Defendant: First Interstate Bank
Case Number: 1:2021cv00076
Filed: July 7, 2021
Court: US District Court for the District of Montana
Presiding Judge: Timothy J Cavan
Referring Judge: Donald W Molloy
2 Judge: Susan P Watters
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2021 Filing 38 REPLY BRIEF in Support re #26 MOTION to Remand filed by Brenda Gray, Brandy Morris. (Culver, Triel) Modified on 9/3/2021 to change doc title (ACC).
August 31, 2021 Opinion or Order Filing 37 ORDER: The parties have filed a second joint motion for extension of time for Defendant First Interstate Bank to respond to Plaintiffs Second Amended Complaint. (Doc. 36.) IT IS HEREBY ORDERED that Defendant shall file a responsive pleading by October 15, 2021. Signed by Magistrate Judge Timothy J. Cavan on 8/31/2021. (HEG)
August 30, 2021 Filing 36 Second MOTION for Extension of Time to File Response/Reply to Plaintiffs' Second Amended Complaint Stuart M. Richter appearing for Defendant First Interstate Bank Motions referred to Timothy J. Cavan. (Richter, Stuart)
August 20, 2021 Filing 35 RESPONSE to Motion re #26 MOTION to Remand filed by First Interstate Bank. (Attachments: #1 Declaration of Stuart M. Richter, #2 Declaration of Josh Botnen, #3 Declaration of Heather Koo) (Richter, Stuart)
August 20, 2021 Filing 34 NOTICE by Brenda Gray, Brandy Morris Upcoming Private Mediation (Culver, Triel)
August 18, 2021 Filing 33 NOTICE of Acknowledgment of Pro Hac Vice Order by First Interstate Bank re #31 Order on Motion to Appear Pro Hac Vice, (Richter, Stuart)
August 18, 2021 Filing 32 NOTICE of Acknowledgment of Pro Hac Vice Order by First Interstate Bank re #30 Order on Motion to Appear Pro Hac Vice, (Demko, Andrew)
August 17, 2021 Opinion or Order Filing 31 ORDER granting #28 Motion to Appear Pro Hac Vice for Attorney Stuart M. Richter for First Interstate Bank. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless the Applicant Attorney, within fifteen (15) days of the date of this Order, files a pleading acknowledging admission under the terms set forth above. Signed by Magistrate Judge Timothy J. Cavan on 8/17/2021. (HEG) Modified on 8/17/2021 to associate order to (Doc. 28) (HEG).
August 17, 2021 Opinion or Order Filing 30 ORDER granting #29 Motion to Appear Pro Hac Vice for Attorney Andrew J. Demko for First Interstate Bank. IT IS FURTHER ORDERED that this Order is subject to withdrawal unless the Applicant Attorney, within fifteen (15) days of the date of this Order, files a pleading acknowledging admission under the terms set forth above. Signed by Magistrate Judge Timothy J. Cavan on 8/17/2021. (HEG) Modified on 8/17/2021 to associate entry to correct motion(HEG).
August 16, 2021 Filing 29 Unopposed MOTION Andrew J. Demko to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2712356.) Mark D. Parker appearing for Defendant First Interstate Bank Motions referred to Timothy J. Cavan. (Attachments: #1 Affidavit, #2 Text of Proposed Order) (Parker, Mark)
August 16, 2021 Filing 28 Unopposed MOTION Stuart M. Richter to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2712350.) Mark D. Parker appearing for Defendant First Interstate Bank Motions referred to Timothy J. Cavan. (Attachments: #1 Affidavit, #2 Text of Proposed Order) (Parker, Mark)
August 6, 2021 Filing 27 Brief/Memorandum in Support re #26 MOTION to Remand filed by Brenda Gray, Brandy Morris. (Culver, Triel)
August 6, 2021 Filing 26 MOTION to Remand Triel D. Culver appearing for Plaintiffs Brenda Gray, Brandy Morris Motions referred to Timothy J. Cavan. (Culver, Triel)
August 2, 2021 Opinion or Order Filing 25 ORDER REASSIGNING CASE. Case reassigned to Judge Donald W. Molloy and referred to United States Magistrate Judge Timothy J. Cavan. Judge Susan P. Watters no longer assigned to case Signed by Judge Brian Morris on 8/2/2021. (AMC)
July 29, 2021 Opinion or Order Filing 24 Order Withholding Consent. 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. The case remains REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 7/29/2021. (JDH)
July 16, 2021 Filing 23 STATE COURT ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 22 STATE COURT SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against First Interstate Bank, filed by Brenda Gray, Brandy Morris. (JDH)
July 16, 2021 Filing 21 STATE COURT SCHEDULING ORDER (JURY TRIAL) AND ORDER FOR MEDIATION (OR SETTLEMENT CONFERENCE) ( #9 STATE COURT ORDER) (JDH)
July 16, 2021 Filing 20 STATE COURT ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 19 STATE COURT DEFENDANT FIRST INTERSTATE BANK'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT; DEMAND FOR JURY TRIAL to #18 Amended Complaint by First Interstate Bank. (JDH)
July 16, 2021 Filing 18 STATE COURT AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against First Interstate Bank, filed by Brenda Gray, Brandy Morris. (JDH)
July 16, 2021 Filing 17 STATE COURT ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION TO AMEND ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 16 STATE COURT ORDER GRANTING PRO HAC VICE ADMISSION OF JEFFREY D. KALIEL ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 15 STATE COURT ORDER GRANTING MOTION TO VACATE AND RESET HEARING DATE ( #9 STATE COURT ORDER) (JDH)
July 16, 2021 Filing 14 STATE COURT ORDER ADMITTING ANDREW J. DEMKO PRO HAC VICE ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 13 STATE COURT ORDER ADMITTING STUART M. RICHTER PRO HAC VICE ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 12 STATE COURT ORDER SETTING HEARING ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 11 STATE COURT ORDER GRANTING UNOPPOSED MOTION TO EXTEND TIME TO APPEAR ( #9 STATE COURT FILE) (JDH)
July 16, 2021 Filing 10 STATE COURT COMPLAINT against First Interstate Bank, filed by Brandy Morris. (JDH)
July 16, 2021 Filing 9 STATE COURT FILE: DV-56-2020-528-BF, MT 13th Judicial District Court, Yellowstone County. (Attachments: #1 State Court File) (JDH)
July 14, 2021 Opinion or Order Filing 8 ORDER granting #7 joint motion for extension of time for Defendant First Interstate Bank to respond to Plaintiffs Second Amended Complaint. Defendant shall file a responsive pleading by August 31, 2021. Signed by Magistrate Judge Timothy J. Cavan on 7/14/2021. (HEG)
July 14, 2021 Filing 7 Joint MOTION for Extension of Time to File Response to Plaintiffs' Second Amended Complaint Mark D. Parker appearing for Defendant First Interstate Bank Motions referred to Timothy J. Cavan. (Attachments: #1 Text of Proposed Order) (Parker, Mark)
July 14, 2021 Set Deadlines: First Interstate Bank answer due 8/31/2021. (HEG)
July 9, 2021 Filing 6 NOTICE by First Interstate Bank re #2 Notice (Other),,,,,, of Filings and Service of Notice of Removal in State Court (Parker, Mark)
July 9, 2021 Filing 5 Mailing of Consent - Honorable Timothy J. Cavan as Presiding Judge. Electronically mailed to counsel Mark D. Parker, John William Edwards, A. Clifford Edwards, Triel D. Culver, A. Christopher Edwards. Consent/Objection to USMJ Form due by 7/26/2021. (ACC)
July 8, 2021 Filing 4 AFFIDAVIT/DECLARATION re #2 Notice (Other),,,,, of Stuart M. Richter in Support of First Interstate Bank's Notice of Removal by First Interstate Bank. (Parker, Mark)
July 8, 2021 Filing 3 Corporate Disclosure Statement by First Interstate Bank. (Parker, Mark) Modified on 7/9/2021 to add text (ACC).
July 8, 2021 Filing 2 AMENDED NOTICE OF REMOVAL by First Interstate Bank re #1 Notice of Removal, Amended Notice of Removal (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit Motion to Substitute, #4 Exhibit Notice of Substitution, #5 Exhibit Motion to Extend Time, #6 Exhibit Order re Extend Time, #7 Exhibit Motion to Dismiss, #8 Exhibit Brief re Dismissal, #9 Exhibit Richter pro hac vice app, #10 Exhibit Demko pro hac vice app, #11 Exhibit Response Brief re Dismissal, #12 Exhibit Notice of Supp Authority, #13 Exhibit Order Set Hearing, #14 Exhibit Reply Memo re Dismissal, #15 Exhibit Order re Demko, #16 Exhibit Order re Richter, #17 Exhibit Motion to Vacate, #18 Exhibit Order re Vacate, #19 Exhibit Motion re Amend Complaint, #20 Exhibit Brief re Amend Complaint, #21 Exhibit Response re Amend Complaint, #22 Exhibit Kaliel pro hac vice app, #23 Exhibit Minute Entry, #24 Exhibit Motion re Kaliel, #25 Exhibit Reply re Amend Complaint, #26 Exhibit Order re Kaliel, #27 Exhibit Order denying dismissal, #28 Exhibit Amended Complaint, #29 Exhibit Request for Scheduling Conf, #30 Exhibit Answer to Amend Complaint, #31 Exhibit Order Set Scheduling Conf, #32 Exhibit Scheduling Order, #33 Exhibit Motion to Amend Complaint, #34 Exhibit 2nd Amend Complaint, #35 Exhibit Order re 2nd Amend Complaint, #36 Exhibit Confirm Notice re Mediation, #37 Exhibit Civil Cover Sheet) (Parker, Mark) Modified on 7/9/2021 to add "amended"(ACC).
July 7, 2021 Filing 1 NOTICE OF REMOVAL (CASE NUMBER IS CV-21-76-BLG-SPW-TJC) by First Interstate Bank from Yellowstone County State Court, case number DV-20-0528. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 State Court Amended Complaint, #4 State Court Second Amended Complaint) (AMC)
July 7, 2021 Filing fee PAID IN THE SHELL CASE: $ 402, receipt number 0977-2693170 (AMC)

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Plaintiff: Brandy Morris
Represented By: A. Christopher Edwards
Represented By: A. Clifford Edwards
Represented By: John William Edwards
Represented By: Triel D. Culver
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Plaintiff: Brenda Gray
Represented By: A. Christopher Edwards
Represented By: A. Clifford Edwards
Represented By: John William Edwards
Represented By: Triel D. Culver
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Defendant: First Interstate Bank
Represented By: Mark D. Parker
Represented By: Andrew J. Demko
Represented By: Stuart M. Richter
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