Farmhouse Partners Limited Partnership v. Multi-Housing Tax Credit Partners XXX
Plaintiff: Farmhouse Partners Limited Partnership
Defendant: Multi-Housing Tax Credit Partners XXX
Case Number: 2:2021cv00048
Filed: May 25, 2021
Court: US District Court for the District of Montana
Office: Butte Office
Presiding Judge: Brian Morris
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2023 Opinion or Order Filing 199 AFFIDAVIT in Support re #192 MOTION to Stay the Judgment Pending Appeal filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A 2023 02 06 Email) (Moses, Cathy)
February 17, 2023 Opinion or Order Filing 198 REPLY to Response to Motion re #192 MOTION to Stay the Judgment Pending Appeal filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
February 6, 2023 Opinion or Order Filing 197 NOTICE of Filing Exhibits re Plaintiff's #195 Response Brief in Opposition to Defendant's Motion to Stay the Judgment Pending Appeal (Attachments: #1 Exhibit Ex. 5 - Corrected Email from MHTCP (11-30-2022)) (Black, Michael) Modified on 2/9/2023 to add link (ACC).
February 6, 2023 Opinion or Order Filing 196 ERRATA #195 Reply to Response to Motion, . (Black, Michael)
February 3, 2023 Opinion or Order Filing 195 RESPONSE to Motion re #192 MOTION to Stay the Judgment Pending Appeal filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Exhibit Letter from MHTCP Counsel (2-1-2023), #2 Exhibit Letter from Farmhouse Counsel (1-13-2023), #3 Exhibit Email from MHTCP Counsel (1-13-2023), #4 Exhibit Email from MHTCP (10-27-22), #5 Exhibit Email from MHTCP (11-30-2022) (Black, Michael) Modified on 2/9/2023 to change title of document (ACC).
January 20, 2023 Opinion or Order Filing 194 AFFIDAVIT in Support re #192 MOTION to Stay the Judgment Pending Appeal by Cathy T. Moses filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2022-12-21 to 2022-12-30 Email correspondence exchanged between counsel for MHTCP and counsel for Plaintiff Farmhouse Partners relating to the Limited Partner's motion for a stay, #2 Exhibit B: 2023-01-06 Letter from Michael Black to Cathy Moses, #3 Exhibit C: 2023-01-12 Email from Cathy Moses to Michael Black, #4 Exhibit D: 2023-01-17 Letter from Michael Black to Cathy Moses) (Moses, Cathy)
January 20, 2023 Opinion or Order Filing 193 Brief/Memorandum in Support re #192 MOTION to Stay the Judgment Pending Appeal filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
January 20, 2023 Opinion or Order Filing 192 MOTION to Stay the Judgment Pending Appeal Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
January 17, 2023 Opinion or Order Filing 191 TRANSCRIPT ORDER FORM by Multi-Housing Tax Credit Partners XXX for proceedings held on 5/31/2022 to 6/3/2022 before Judge Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day.. Transcript due by 2/16/2023. (Moses, Cathy)
December 30, 2022 Opinion or Order Filing 190 USCA Case Number 22-36035 and Time Scheduling Order for #186 Notice of Appeal filed by Multi-Housing Tax Credit Partners XXX, #188 Notice of Cross Appeal filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Briefing Schedules in Cross Appeals) (ACC)
December 28, 2022 Opinion or Order Filing 189 NOTICE of Change of Address by John L. Amsden. REMINDER: The Court no longer updates personal information or addresses in CM/ECF. You must update your address information in #PACER. (Amsden, John)
December 27, 2022 Opinion or Order Filing 188 NOTICE OF CROSS APPEAL as to #131 Order on Motion for Summary Judgment,,,,, #183 Findings of Fact & Conclusions of Law by Farmhouse Partners Limited Partnership. Filing fee $ 505, receipt number AMTDC-2990374. (Amsden, John)
December 21, 2022 Opinion or Order Filing 187 USCA Case Number 22-36035 and Time Scheduling Order for #186 Notice of Appeal filed by Multi-Housing Tax Credit Partners XXX. (MMS)
December 16, 2022 Opinion or Order Filing 186 NOTICE OF APPEAL as to #183 Findings of Fact & Conclusions of Law by Multi-Housing Tax Credit Partners XXX. Filing fee $ 505, receipt number AMTDC-2985327. (Moses, Cathy)
December 9, 2022 Opinion or Order Filing 185 NOTICE of Change of Address by John L. Amsden. REMINDER: The Court no longer updates personal information or addresses in CM/ECF. You must update your address information in #PACER. (Amsden, John)
November 28, 2022 Opinion or Order Filing 184 CLERK'S JUDGMENT (KAH)
November 16, 2022 Opinion or Order Filing 183 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Brian Morris on 11/16/2022. (KAH)
September 2, 2022 Opinion or Order Filing 182 NOTICE OF FILING PROPOSED FINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW by Multi-Housing Tax Credit Partners XXX re #180 Order. (Moses, Cathy) Modified on 9/6/2022 to clean up text. (SLR).
September 2, 2022 Opinion or Order Filing 181 NOTICE OF FILING REVISED PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER by Farmhouse Partners Limited Partnership re #180 Order. (Attachments: #1 Ex 1 - Revised Proposed FOF, COL and Order) (Black, Michael) Modified on 9/6/2022 to clean up text. (SLR).
August 5, 2022 Opinion or Order Filing 180 ORDER: Before the Court is the #179 Unopposed Motion to Extend Filing Deadline for Revised Proposed Findings of Fact and Conclusions of Law. Plaintiff has moved the Court to extend the filing deadline for the parties respective revised proposed findings of fact and conclusions of law until September 2, 2022. With good cause appearing, IT IS ORDERED that the motion IS GRANTED. The parties shall file their revised proposed findings of fact and conclusions of law on or before September 2, 2022. Previously issued scheduling orders otherwise remain in full force and effect. Signed by Judge Brian Morris on 8/5/2022. (SLR)
August 4, 2022 Opinion or Order Filing 179 Unopposed MOTION for Extension of Time to File REVISED PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order) (Black, Michael)
July 10, 2022 Opinion or Order Filing 178 TRANSCRIPT of Bench Trial - Volume IV of IV held on 06-03-2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/10/2022. Release of Transcript Restriction set for 10/11/2022. (YMH)
July 10, 2022 Opinion or Order Filing 177 TRANSCRIPT of Bench Trial - Volume III of IV held on 06-02-2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/10/2022. Release of Transcript Restriction set for 10/11/2022. (YMH)
July 10, 2022 Opinion or Order Filing 176 TRANSCRIPT of Bench Trial - Volume II of IV held on 06-01-2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/10/2022. Release of Transcript Restriction set for 10/11/2022. (YMH)
July 10, 2022 Opinion or Order Filing 175 TRANSCRIPT of Bench Trial - Volume I of IV held on 05-31-2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/10/2022. Release of Transcript Restriction set for 10/11/2022. (YMH)
June 13, 2022 Opinion or Order Filing 174 NOTICE of Filing Exhibits Used in Designated Deposition Transcripts (Attachments: #1 Exhibit 027. 2014 09 18 Assignment of Right re Chui Investments, #2 Exhibit 064. 2018 01 24 Email, #3 Exhibit 065. 2018 01 25 Email, #4 Exhibit 066. 2018 01 30 Email, #5 Exhibit 068. 2018 01 30 Email, #6 Exhibit 069. 2018 02 20 Email, #7 Exhibit 070. 2018 02 20 Email, #8 Exhibit 071. 2018 02 23 Email, #9 Exhibit 072. 2018 02 23 Email, #10 Exhibit 073. 2018 02 26 Email, #11 Exhibit 075. 2018 02 27 Email, #12 Exhibit 076. 2018 02 28 Email, #13 Exhibit 077. 2018 02 28 Email, #14 Exhibit 078. 2018 03 01 Email, #15 Exhibit 087. 2020 04 15 Email, #16 Exhibit 093. 2021 03 02 Email, #17 Exhibit 099. Schedule of Partner Interest) (Moses, Cathy)
June 13, 2022 Opinion or Order Filing 173 NOTICE by Multi-Housing Tax Credit Partners XXX of Filing of William (Dab) Dabneys Deposition Testimony, Parties Written Discovery Responses, and Burrows Transcript (Pages 99-100) (Attachments: #1 Exhibit 1_Deposition of Dabney, William (Dab) [2021 12 14], #2 Exhibit 2_Parties Written Discovery Responses, #3 Exhibit 3_Deposition of Burrows, Susan [2022 01 25]) (Moses, Cathy)
June 13, 2022 Opinion or Order Filing 172 NOTICE of Filing Exhibits (Attachments: #1 Exhibit 002. 2016 10 05 Stipulation and Order to Amend Settlement re Dabney Disso, #2 Exhibit 003. 2021 11 02 Notice of Deposition of PMK Farmhouse Partners, #3 Exhibit 004. 2002 09 05 Amended LPA of Farmhouse College, #4 Exhibit 005. 2002 11 25 1st Amendment to Amended LPA of Farmhouse College, #5 Exhibit 006. 2004 09 22 Amended LPA of Farmhouse Bridger II, #6 Exhibit 007. 2004 09 30 1st Amended LPA of Farmhouse Bridger, #7 Exhibit 008. 1998 08 24 Amended LPA of Farmhouse Comstock II, #8 Exhibit 009. 1998 08 28 1st Amendment to Amended LPA of Farmhouse Comstock II, #9 Exhibit 011. 2005 11 15 Amended LPA of Farmhouse Baxter, #10 Exhibit 012. 2005 12 21 1st Amendment to Amended LPA of Farmhouse Baxter, #11 Exhibit 013. 2019 07 31 2nd Amendment to Amended LPA of Farmhouse Baxter, #12 Exhibit 014. 1994 08 01 LPA of The Dabney Company, #13 Exhibit 015. 2016 09 28 Email, #14 Exhibit 016. 2016 10 03 Email, #15 Exhibit 018. 2021 01 26 Email, #16 Exhibit 020. 2017 04 20 Letter, #17 Exhibit 021. 2018 01 31 Email, #18 Exhibit 022. 2021 03 02 Email, #19 Exhibit 029. 2018 07 19 Email, #20 Exhibit 031. 2013 09 13 Property Settlement Agreement re Dabney Disso, #21 Exhibit 036. 2016 12 20 Warranty Deed re Big Sky LP, #22 Exhibit 037. 2016 12 20 Warranty Deed re Chui Investments, #23 Exhibit 038. 2016 12 20 Warranty Deed re Big Sky Apartments, #24 Exhibit 039. 2021 11 17 Plaintiff Privilege Log re Amsden Burrows Communications, #25 Exhibit 040. 2018 03 14 Email, #26 Exhibit 041. 2019 11 18 Email, #27 Exhibit 042. 2018 07 18 Email, #28 Exhibit 043. 2021 12 29 Plaintiff Privilege Log re Chui Investments, #29 Exhibit 044. 2018 05 23 Memo, #30 Exhibit 047. 2022 01 12 Email, #31 Exhibit 049. 2018 04 13 Email, #32 Exhibit 050. 2018 05 22 Email, #33 Exhibit 054. 2022 01 24 Plaintiff Privilege Log re Stephan Garden, #34 Exhibit 056. 8609 Forms; Financial Statements; Tax Return, #35 Exhibit 059. 2018 07 18 Appraisal Report of Bridger I, #36 Exhibit 060. 2020 12 02 Letter, #37 Exhibit 061. 2021 01 04 Letter, #38 Exhibit 080. 2018 03 14 Email, #39 Exhibit 082. 2018 03 28 Email, #40 Exhibit 084. 2019 11 18 Email, #41 Exhibit 086. 2019 11 22 Email, #42 Exhibit 088. 2020 04 21 Email, #43 Exhibit 090. 2020 12 04 Email, #44 Exhibit 092. 2021 02 25 Email, #45 Exhibit 096. 2015 12 14 Email, #46 Exhibit 097. 2017 01 27 Letter, #47 Exhibit 098. 2017 02 07 Letter, #48 Exhibit 107. 2014 07 01 Operating Agreement of Chui, #49 Exhibit 109. 2018 04 13 Email, #50 Exhibit 400. 1998 08 27 FHP Cert Of Existence, #51 Exhibit 401. 2002 04 17 Certificate Of Limited Partnership, #52 Exhibit 402. 2002 04 17 Original Limited Partnership Agreement, #53 Exhibit 403. 2002 09 03 Developer Agreement, #54 Exhibit 404. 2002 09 27 General Partners Certificate, #55 Exhibit 405. 2002 10 30 Amended Limited Partnership Agreement, #56 Exhibit 406. 2002 11 18 Declaration of Restrictive Covenants, #57 Exhibit 407. 2002 11 27 Amended Limited Partnership Agreement, #58 Exhibit 408. 2002 12 20 Tax Credit Reservation, #59 Exhibit 409. 2003 11 19 General Partners Cert, #60 Exhibit 410. 2004 09 01 Ground Lease, #61 Exhibit 414. 2015 07 10 Email, #62 Exhibit 415. 2016 09 28 Email, #63 Exhibit 416. 2016 09 30 Email, #64 Exhibit 417. 2016 10 03 Email, #65 Exhibit 418. 2017 01 04 Email, #66 Exhibit 419. 2017 01 30 Email, #67 Exhibit 420. 2017 01 31 Email, #68 Exhibit 421. 2017 01 31 Email, #69 Exhibit 422. 2017 02 07 Email, #70 Exhibit 423. 2017 02 07 Letter, #71 Exhibit 424. 2017 02 08 Email, #72 Exhibit 425. 2017 02 08 Email, #73 Exhibit 426. 2017 02 23 Email, #74 Exhibit 427. 2017 03 09 Email, #75 Exhibit 428. 2017 04 06 Email, #76 Exhibit 429. 2017 05 23 Letter, #77 Exhibit 430. 2017 10 19 Email, #78 Exhibit 431. 2017 11 01 Email, #79 Exhibit 432. 2017 11 13 Email, #80 Exhibit 434. 2017 11 30 Email, #81 Exhibit 436. 2017 12 31 Farmhouse Audited Financial Statements, #82 Exhibit 437. 2018 01 30 Email, #83 Exhibit 439. 2018 02 14 Email, #84 Exhibit 440. 2018 02 27 Email, #85 Exhibit 441. 2018 04 12 Email, #86 Exhibit 442. 2018 06 07 Email, #87 Exhibit 443. 2018 07 10 Letter, #88 Exhibit 444. 2018 07 13 Email, #89 Exhibit 445. 2018 07 19 Letter, #90 Exhibit 446. 2018 09 26 Email, #91 Exhibit 447. 2018 10 23 Email, #92 Exhibit 448. 2018 11 13 Letter, #93 Exhibit 449. 2018 12 21 Letter, #94 Exhibit 451. 2019 08 28 Email, #95 Exhibit 452. 2019 09 25 Email, #96 Exhibit 453. 2019 10 01 Email, #97 Exhibit 455. 2019 11 18 Email, #98 Exhibit 457. 2020 02 13 10 Email, #99 Exhibit 462. 2020 03 12 Email, #100 Exhibit 466. 2020 05 20 2nd Amendment to Amended LPA of Farmhouse Comstock II, #101 Exhibit 467. 2020 05 21 Email, #102 Exhibit 468. 2020 09 01 Limited Scope Engagement Agreement, #103 Exhibit 469. 2020 10 07 Email, #104 Exhibit 470. 2020 10 16 Email, #105 Exhibit 471. 2020 11 03 Email, #106 Exhibit 472. 2021 02 01 Email, #107 Exhibit 473. 2021 02 09 Email, #108 Exhibit 474. 2021 02 10 Letter, #109 Exhibit 475. 2021 03 03 Letter, #110 Exhibit 476. 2021 03 28 Email, #111 Exhibit 477. 2021 06 29 Email, #112 Exhibit 478. 2021 08 27 Plaintiff's Privilege Log re Gardner Amsden Communications, #113 Exhibit 480. 2021 09 28 Email, #114 Exhibit 482. 2021 09 29 Email, #115 Exhibit 484. 2021 10 11 Plaintiff's Revised and Updated Privilege Log, #116 Exhibit 485. 2021 11 01 Plaintiff's Second Revised and Updated Privilege Log, #117 Exhibit 486. 2021 12 23 Privilege Log (updated) re Amsden Burrows Communications, #118 Exhibit 497. 2018 04 13 Chui Investments Agreement, #119 Exhibit 498. 2018 06 20 O'Reilly Engagement Letter Appraisal, #120 Exhibit 501. Declaration Dabney) (Moses, Cathy)
June 13, 2022 Opinion or Order Filing 171 NOTICE of Filing Exhibits PLAINTIFFS NOTICE OF FILING TRIAL EXHIBITS (Attachments: #1 Ex 14 - LPA (8-1-94), #2 Ex 23 - Ltr Gardner to Quigley (7-19-18), #3 Ex 94 - Notice of Rule 30(b)(6) Deposition, #4 Ex 100 Rule 1006 Summary No. 1 (Rev.2), #5 Ex 102 - Rule 1006 Summary No. 3, #6 Ex 235 - Email Dabney to Sussman re Comstock II (3-8-16), #7 Ex 236 - Email Dabney to Sussman re Comstock II (3-10-16), #8 Ex 237 - Email Dabney to Sussman re Comstock II (4-27-16), #9 Ex 242 - Ltr Quigley to Amsden re Bridger II (5-23-17), #10 Ex 243 - Email Sussman to Dabney (6-7-18), #11 Ex 260 - Def's Privilege Log (1-27-22), #12 Ex 500 - Organizational Chart, #13 Ex 502 - Costa-Sussman Email (10-4-16), #14 Ex 503 - Costa-Sussman Email (4-22-17), #15 Ex 504 - Gardner-Quigley Ltr (11-29-18), #16 Ex 505 - Gardner-Quigley Ltr (1-4-19)) (Black, Michael)
June 9, 2022 Opinion or Order Filing 170 NOTICE by Farmhouse Partners Limited Partnership PLAINTIFFS NOTICE OF FILING TRIAL DESIGNATIONS (Attachments: #1 Def's Resp to Pl's 1st Disc Req (6-28-21), #2 Def's Resp to Pl's 3rd Disc Req (10-25-21), #3 Def's Resp to Pl's 4th Disc Req (12-27-21), #4 Depo Susan Burrows (1-25-22) Def (yellow) Pl (green) Both (yellow), #5 Depo Susan Burrows (1-25-22) Def (yellow) Pl (green) Both (yellow), #6 Depo Stephen Strain (2-1-22) Pl (yellow) Def (pink) Both (green), #7 Depo Nicholas Bridges (2-4-22) Def (yellow) Pl (green) Both (yellow), #8 Depo Jeffrey Sussman (2-8-22) Pl (yellow) Def (pink) Both (green)) (Black, Michael)
June 9, 2022 Opinion or Order Filing 169 TRANSCRIPT ORDER FORM by Multi-Housing Tax Credit Partners XXX for proceedings held on 5/31/22, 6/1/22, 6/2/22, and 6/3/22 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day.. Transcript due by 7/9/2022. (Moses, Cathy)
June 8, 2022 Opinion or Order Filing 168 TRANSCRIPT ORDER FORM by Farmhouse Partners Limited Partnership for proceedings held on 5/31/22 - 6/3/22 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 30-Day.. Transcript due by 7/8/2022. (Black, Michael)
June 6, 2022 Opinion or Order Filing 167 Exhibit List by Multi-Housing Tax Credit Partners XXX. (SLR)
June 6, 2022 Opinion or Order Filing 166 Exhibit List by Farmhouse Partners Limited Partnership. (SLR)
June 6, 2022 Opinion or Order Filing 165 Witness List by Multi-Housing Tax Credit Partners XXX. (SLR)
June 6, 2022 Opinion or Order Filing 164 Witness List by Farmhouse Partners Limited Partnership. (SLR)
June 6, 2022 Opinion or Order Remark: Counsel is reminded that pursuant to Local Rule 5.1(b): Unless otherwise ordered by the court, within 10 days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of each documentary exhibit that the party offered or introduced into evidence. For purposes of this rule, only exhibits which were considered by the judge or jury during the hearing or trial need to filed. PLEASE USE THE FOLLOWING EVENT FOR FILING YOUR EXHIBITS: Civil - Other Filings - Trial Documents - Exhibit. Thank you. (SLR)
June 6, 2022 Opinion or Order Set Deadlines: Exhibits due by 6/13/2022. (SLR)
June 3, 2022 Opinion or Order Filing 163 MINUTE ENTRY for proceedings held before Judge Brian Morris: BENCH TRIAL (DAY 4) held 6/03/2022: Counsel Michael Black, Trent Gardner, and Sydney Best appearing on behalf of Plaintiff, and Counsel Edward Quigley, Cathy Moses, and David Wagner appearing on behalf of Defendant. Defense Counsel has filed the four depositions for their witnesses. Counsel Quigley moves to submit six privilege log exhibits: 43, 54, 478, 484, 485, and 486; GRANTED. Parties will electronically file the 30(b)(6) depositions for Mr. Sussman and Mr. Dabney. Counsel Quigley also moves for the admission of Exhibit 23; GRANTED. Plaintiffs case resumes with the continuation of the examination of Witness Sussman. Court breaks for lunch at 12:03 p.m.; resumes at 1:23 p.m. Testimony continues. Plaintiff calls Witness Stephan Garden, S/T. Case is submitted. Transcript will be filed 30 days after the parties file the transcript request form. 30 days after that, the parties revised findings and conclusions are due. 30 days after that the Court will issue its findings and conclusions. Hearing commenced at 8:37 a.m. and concluded at 5:29 p.m. (Court Reporter Y. Heinze.) (Plaintiff Witnesses Sworn and Examined: Stephan Garden), (Plaintiff Exhibits Admitted: : 23, 235, 242, 260, 504, 505), (Defense Exhibits Admitted: 29, 39, 40, 41, 43, 47, 54, 80, 82, 84, 86, 88, 90, 92, 478, 484, 485, 486), (Law Clerk: C. Clevidance and L. Vining), (Hearing held in Butte, Montana) (SLR)
June 2, 2022 Opinion or Order Filing 162 DEPOSITION of Stephen Strain taken on February 1, 2022 by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
June 2, 2022 Opinion or Order Filing 161 DEPOSITION of Keith O'Reilly taken on February 2, 2022 by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
June 2, 2022 Opinion or Order Filing 160 DEPOSITION of Nicholas Bridges taken on February 4, 2022 by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
June 2, 2022 Opinion or Order Filing 159 DEPOSITION of Susan Burrows taken on January 25, 2022 by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
June 2, 2022 Opinion or Order Filing 158 MINUTE ENTRY for proceedings held before Judge Brian Morris: BENCH TRIAL (DAY 3) held 6/02/2022: Counsel Michael Black, Trent Gardner, and Sydney Best appearing on behalf of Plaintiff, and Counsel Edward Quigley, Cathy Moses, and David Wagner appearing on behalf of Defendant. Counsel Quigley notifies the Court that the defense intends to offer deposition transcripts in lieu of some of their witnesses live testimony. Court orders that the transcripts be electronically filed. Plaintiffs case resumes with the continuation of the examination of Witness Dabney. Court breaks for lunch at 11:58 a.m.; resumes at 1:20 p.m. Plaintiffs case continues. Plaintiff calls Witness Jeffrey H. Sussman, S/T. Court and parties discuss trial schedule for tomorrow. Defense will file the Depositions of Keith OReilly, Susan Burrows, Nicholas Bridges, and Stephen Strain in lieu of their live testimony. Court will resume at 8:30 a.m. Friday morning. Hearing commenced at 8:40 a.m. and concluded at 5:29 p.m. (Court Reporter Y. Heinze.) (Plaintiff Witnesses Sworn and Examined: William H. Dabney, III, Jeffrey Sussman), (Defense Witnesses Sworn and Examined: Jeffrey Sussman), (Plaintiff Exhibits Admitted: 94, 243, 502, 503), (Defense Exhibits Admitted: 8, 9,11, 12, 13, 21, 22, 42, 44, 49, 50, 59, 60, 109, 439, 451, 452, 453, 455, 457, 462, 466, 467, 468, 470, 473, 476, 477, 480, 482, 497, 498, 501), (Law Clerk: C. Clevidence, L. Vining), (Hearing held in Butte, Montana) (SLR)
June 2, 2022 Opinion or Order Filing 157 FINAL PRETRIAL ORDER. Signed by Judge Brian Morris on 5/26/2022. (SLR)
June 1, 2022 Opinion or Order Filing 156 MINUTE ENTRY for proceedings held before Judge Brian Morris: BENCH TRIAL (DAY 2) held 6/01/2022: Counsel Michael Black, Trent Gardner, and Sydney Best appearing on behalf of Plaintiff, and Counsel Edward Quigley, Cathy Moses, and David Wagner appearing on behalf of Defendant. Plaintiffs case resumes with the continuation of the examination of Witness Dabney. Court breaks for lunch at 12:03 p.m.; resumes at 1:21 p.m. Plaintiffs case continues. Court concludes for the day. Court and parties discuss trial schedule for tomorrow and Friday; will resume at 8:30 a.m. on Thursday morning. Hearing commenced at 8:41 a.m. and concluded at 5:05 p.m. (Court Reporter Y. Heinze.) (Plaintiff Witnesses Sworn and Examined: William H. Dabney, III), (Plaintiff Exhibits Admitted: 100, 236, 237), (Defense Exhibits Admitted: 20, 36, 37, 38, 107, 426, 427,428, 431, 432, 434, 437, 469, 471 (Law Clerk: C. Clevidence, L. Vining), (Hearing held in Butte, Montana) (SLR)
May 31, 2022 Opinion or Order Filing 155 MINUTE ENTRY for proceedings held before Judge Brian Morris: FINAL PRETRIAL CONFERENCE and BENCH TRIAL (DAY 1) held 5/31/2022: Counsel Michael Black, Trent Gardner, and Sydney Best appearing on behalf of Plaintiff, and Counsel Edward Quigley, Cathy Moses, and David Wagner appearing on behalf of Defendant. Court inquires as to the status of the parties Covid tests. All parties have tested negative as of this morning. With regard to hearsay issue, letter is circumstantial evidence; Court will allow it to be admitted. Court and parties discuss trial schedule. Parties w/opening statements. Plaintiffs case begins. Plaintiff calls witnesses, all sworn and examined. Court breaks for lunch at Noon; resumes at 1:21 p.m. Plaintiffs case continues. Court concludes for the day and will resume at 8:30 a.m. on Wednesday morning. Hearing commenced at 9:06 a.m. and concluded at 4:57 p.m. (Court Reporter Y. Heinze.) (Plaintiff Witnesses Sworn and Examined: William H. Dabney, III), (Plaintiff Exhibits Admitted: 14, 102, 500 (demonstrative exhibit)), (Law Clerk: C. Clevidence, L. Vining), (Hearing held in Butte, Montana) (SLR) Modified on 6/1/2022 to clean up typo. (SLR).
May 30, 2022 Opinion or Order Filing 154 MINUTE ENTRY for TELEPHONIC STATUS CONFERENCE held 5/30/2022 before Judge Brian Morris: Counsel Trent Gardner, Michael Black, and Sydney Best appearing on behalf of Plaintiff, Counsel Cathy Moses, David Wagner, and Edward Quigley appearing on behalf of Defendant. The purpose of this call is because the Court was notified of a witness testing positive for Covid. Mr. Black informs the Court that the individual was around the team and they are concerned about exposure. Plaintiff asks for a short continuance. Defense state they are ready to go to trial. Court proposes that the parties meet and confer as to who might want to appear by Zoom and make the appropriate arrangements. The Court would like everyone to test the morning of trial and everyone wear masks. Court would like to get as much as the trial completed and see how it goes. Parties understand and having nothing further. (Hearing commenced at 1:00 p.m. and concluded at 1:14 p.m.) (Court Reporter Yvette Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Great Falls) (MMS)
May 30, 2022 Opinion or Order Filing 153 Proposed Findings of Fact by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
May 30, 2022 Opinion or Order Filing 152 TRIAL BRIEF RE: INADMISSIBILITY OF HEARSAY LETTER by Farmhouse Partners Limited Partnership. (Best, Sydney)
May 27, 2022 Opinion or Order Filing 151 MOTION to Supplement Will Offer Exhibit List (Exs. 497-499) Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Supplement Exhibit List - Exs. 497-99) (Moses, Cathy)
May 26, 2022 Opinion or Order Filing 150 MINUTE ENTRY for FINAL PRETRIAL CONFERENCE AND MOTION HEARING held 5/26/2022 before Judge Brian Morris: Plaintiff Counsel Trent Gardner, Michael Black, and Sydney Best appearing by ZOOM, Defendant Counsel Cathy Moses, David Wagner, and Edward Quigley, appearing by ZOOM. Motion Hearing re #138 MOTION to Strike / Exclude Counsel Testimony filed by Multi-Housing Tax Credit Partners XXX, #142 MOTION to Produce Outstanding Documents filed by Multi-Housing Tax Credit Partners XXX. Parties with argument. Court will address the testimony issue at trial if needed. Mr. Black believes they have complied with their obligations according to the civil rules in regards to Motion #142 . Court will take their word on that and if Mr. Quigley discovers otherwise please notify the Court. Mr. Quigley asks the court to depose Stephan Garden tomorrow. Court will allow 1 hour of deposition. Court moves on to the Final Pretrial Conference. Parties agree with 15 minute opening statements. Trial expected to last 4 days. Parties are instructed to contact the Great Falls Clerks office to discuss electronic exhibits. Plaintiff's Exhibits 4,5,18; ADMITTED without objections. Plaintiff's Deposition Designation discussed and will determine admissibility at trial. Plaintiff's Witnesses discussed. Defendant's Exhibits 2,3,4,5,6,7,14-18,31,56,61,96,97,98,400-410,414-425,429,430,436,440-449,472,474,475; ADMITTED without objections. Court sets a Final Pretrial Conference at 8:30 a.m. on Tuesday to discuss any remaining issues. Parties do not wish to excluding witnesses from the courtroom. If that changes please let the Court know. Parties have no further issues. (Court Reporter Yvette Heinze.) (Hearing commenced at 10:00 a.m. and concluded at 10:55 a.m. (Law Clerk: C. Clevidence), (Hearing held in Great Falls) (MMS)
May 26, 2022 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 5/31/2022 at 08:30 AM in Butte, MT before Judge Brian Morris. (MMS)
May 25, 2022 Opinion or Order Filing 149 RESPONSE to Motion re #142 MOTION to Produce Outstanding Documents, #138 MOTION to Strike / Exclude Counsel Testimony PLAINTIFFS COMBINED RESPONSE BRIEF TO DEFENDANTS EVE-OF-TRIAL MOTIONS filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex 1 - Ltr Amsden to Moses re Trial Subpoena (5-25-22), #2 Ex 2 - Ltr Gardner to Moses re Trial Subpoena (5-25-22), #3 Ex 3 - Def's Rule 26 Disclosures (6-14-21), #4 Ex 4 - Def's Supp Rule 26 Disclosures (5-6-22), #5 Ex 5 - Ltr Moses to Amsden and Black re Bridger II (5-13-22), #6 Ex 6 - Bridger II Audited Financial Statements, #7 Ex 7 - Depo Dabney (12-14-22), #8 Ex 8 - Depo Burrows (1-25-22), #9 Ex 9 - Depo Garden (1-26-22), #10 Ex 10 - Depo Bridges (2-4-22)) (Black, Michael)
May 24, 2022 Opinion or Order Filing 148 Proposed Findings of Fact by Farmhouse Partners Limited Partnership. (Black, Michael)
May 24, 2022 Opinion or Order Filing 147 TRIAL BRIEF by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 146 TRIAL BRIEF by Farmhouse Partners Limited Partnership. (Black, Michael)
May 24, 2022 Opinion or Order Filing 145 TEXT ORDER Setting Hearing on Motion #142 MOTION to Produce Outstanding Documents : Motion Hearing set by ZOOM on 5/26/2022 at 10:00 AM before Judge Brian Morris. Signed by Judge Brian Morris on 5/24/2022. (SLL)
May 24, 2022 Opinion or Order Filing 144 AFFIDAVIT in Support re #142 MOTION to Produce Outstanding Documents filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A 2021 12 06 Responses to Interrogatories (Set Three) by Plaintiff, #2 Exhibit B 2021 12 23 Responses RFAs (Set Two) by Plaintiff, #3 Exhibit C 2021 12 01 Responses RFAs (Set One) by Plaintiff, #4 Exhibit D 2022 01 26 Deposition of S. Garden (Excerpts), #5 Exhibit E 2022 01 25 Deposition of S. Burrows (Excerpts), #6 Exhibit F 2022 05 16 Letter to John Amsden and Mike Black re Turnaround and Engagement Letter Materials, #7 Exhibit G 2022 05 13 MHTCP Subpoena To Appear And Testify At Trial to Stephan O. Garden, #8 Exhibit H 2022 05 17 Subpoena to Chui Investments, LLC, #9 Exhibit I 2022 05 17 Subpoena to Turnaround Trading and Advisory Services, #10 Exhibit J 2022 05 20 Black Letter to Wagner Moses) (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 143 Brief/Memorandum in Support re #142 MOTION to Produce Outstanding Documents filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 142 MOTION to Produce Outstanding Documents Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 141 TEXT ORDER Setting Hearing on Motion #138 MOTION to Strike / Exclude Counsel Testimony : Motion Hearing is set by ZOOM on 5/26/2022 at 10:00 AM before Judge Brian Morris. Signed by Judge Brian Morris on 5/24/2022. (SLL)
May 24, 2022 Opinion or Order Filing 140 AFFIDAVIT in Support re #138 MOTION to Strike / Exclude Counsel Testimony filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A 2021 05 28 Plaintiff's Initial Disclosures, #2 Exhibit B 2022 05 10 Plaintiff Witness Lists, #3 Exhibit C 2022 05 12 Email Black to Moses, #4 Exhibit D 2022 05 16 Letter Regarding Gardner, #5 Exhibit E 2022 05 18 Supp Rule 26 Disclosures, #6 Exhibit F 022 05 20 Letter re Late Disclosures of Gardner and Amsden) (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 139 Brief/Memorandum in Support re #138 MOTION to Strike / Exclude Counsel Testimony filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
May 24, 2022 Opinion or Order Filing 138 MOTION to Strike / Exclude Counsel Testimony Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
May 23, 2022 Opinion or Order Filing 137 NOTICE by Farmhouse Partners Limited Partnership NOTICE OF ISSUE RE WITNESSES MHTCP HAS SUBPOENAED TO TESTIFY AT TRIAL (Attachments: #1 Ex A - Def's Supp Rule 26 Disclosures (5-6-22), #2 Ex B - Pl's Witness Lists (5-10-22), #3 Ex C - MHTCP's Witness Lists (5-10-22), #4 Ex D - Pl's Will Call May Call Witness Lists (5-13-22), #5 Ex E - MHTCP's 3rd Notice of Trial Subpoenas - Amsden, Gardner (5-16-22), #6 Ex F - Ltr Moses to Amsden and Black re Gardner (5-16-22), #7 Ex G - Pl's Supp Rule 26 Disclosures (5-18-22), #8 Ex H - Ltr Wagner to Gardner re Witness Fee Check (5-18-22), #9 Ex I - Ltr Wagner to Amsden re Witness Fee Check (5-19-22), #10 Ex J - Ltr Moses to Amsden and Black re Late Disclosure of Gardner & Amsden (5-20-22)) (Black, Michael)
May 23, 2022 Opinion or Order Filing 136 ORDER: IT IS ORDERED that the #134 motion is GRANTED. The parties may file amended exhibit lists that will govern the upcoming trial. Signed by Judge Brian Morris on 5/23/2022. (ACC)
May 23, 2022 Opinion or Order Filing 135 TEXT Order Re-Setting: IT IS HEREBY ORDERED that the ZOOM Final Pretrial Conference is reset for 5/26/2022 10:00 AM before Judge Brian Morris.The Clerk of Court will provide the parties with the Zoom link. Signed by Judge Brian Morris on 5/23/2022. (SLL)
May 20, 2022 Opinion or Order Filing 134 Joint MOTION for Leave to File AMENDED EXHIBIT LISTS Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order, #2 Pl's Objection to MHTCP's Will-May Offer Exhibit Lists, #3 Def's Objection to Pl's May Offer Exhibit List, #4 Def's Objection to Pl's Will Offer Exhibit List) (Black, Michael)
May 18, 2022 Opinion or Order Filing 133 TEXT Order Setting: IT IS HEREBY ORDERED that a Final Pretrial Conference will be held by ZOOM on 5/26/2022 03:00 PM, before Judge Brian Morris. The Clerk of Court will provide the parties with the ZOOM link. Signed by Judge Brian Morris on 5/18/2022. (SLL) Modified on 5/20/2022 to reflect ZOOM link e-mailed to all parties. (MMS).
May 13, 2022 Opinion or Order Filing 132 Proposed Pretrial Order submitted for review by Farmhouse Partners Limited Partnership. (Attachments: #1 Plaintiff's Attachments, #2 Defendant's Attachments) (Black, Michael)
May 10, 2022 Opinion or Order Filing 131 ORDER: IT IS HEREBY ORDERED that the Parties Motions for Summary Judgment (Docs. 60 & 64) are DENIED. The Parties shall submit proposed Findings and Recommendations to the Court on or before the trial date of May 31, 2022. MHTCPs Motion to Compel Production of September 1, 2020 Limited Scope Engagement Letter, or for In Camera Review (Doc. 47) is GRANTED. Farmhouse shall produce to MHTCP the Engagement Agreement on or before May 12, 2022. The terms of the agreement shall be held confidential by MHTCP and its attorneys and shall not be revealed to anyone not party to this case. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 5/10/2022. (SLR)
May 2, 2022 Opinion or Order Filing 130 ORDER: IT IS ORDERED that the motion IS GRANTED. The parties shall file the proposed final pretrial order on or before May 13, 2022. Previously issued scheduling orders otherwise remain in full force and effect. Signed by Judge Brian Morris on 5/2/2022. (KAH) Modified on 5/2/2022 to clean up text; NEF regenerated (KAH).
May 2, 2022 Opinion or Order Filing 129 Third MOTION for Extension of Time to File PROPOSED FINAL PRETRIAL ORDER Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order) (Black, Michael)
April 28, 2022 Opinion or Order Filing 128 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Settlement Conference held on 4/27/2022. Case did not settle. (Law Clerk: K. Guldseth), (SLL)
April 22, 2022 Opinion or Order Filing 127 TRANSCRIPT of Motion Hearing held on 04/13/2022 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (YMH)
April 22, 2022 Opinion or Order Filing 126 ORDER: Before the Court is the Second Stipulated #125 Motion to Extend Filing Deadline for Proposed Final Pretrial Order. The parties ask the Court to extend the filing deadline for the proposed final pretrial order until May 6, 2022. With good cause appearing, IT IS ORDERED that the motion IS GRANTED. The parties shall file the proposed final pretrial order on or before May 6, 2022. Previously issued scheduling orders otherwise remain in full force and effect Signed by Judge Brian Morris on 4/22/2022. (ACC)
April 21, 2022 Opinion or Order Filing 125 Second MOTION for Extension of Time to File PROPOSED FINAL PRETRIAL ORDER Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order) (Black, Michael)
April 15, 2022 Opinion or Order Filing 124 TRANSCRIPT ORDER FORM by Multi-Housing Tax Credit Partners XXX for proceedings held on 04/13/2022 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day.. Transcript due by 4/22/2022. (Moses, Cathy)
April 15, 2022 Opinion or Order Filing 123 TRANSCRIPT ORDER FORM by Farmhouse Partners Limited Partnership for proceedings held on 4/13/2022 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day.. Transcript due by 4/22/2022. (Black, Michael)
April 14, 2022 Opinion or Order Filing 122 ORDER; The Court held a hearing in this matter on April 13, 2022. 117 . For the reasons stated in open court: The Court DENIES WITHOUT PREJUDICE Farmhouse Partners Limited Partnerships (Farmhouse) Motion to Strike and Exclude the Fruit of Attorney Sussmans Poisoned Tree. #67 . The Court directs Farmhouse to raise objections to specific questions at trial. The Court will consider objections to specific evidence or testimony at trial as they arise. The Court GRANTS Multi-Housing Tax Credit Partners XXXs (MHTCP) Motion in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition #79 . The Court will only allow evidence of Samantha Dabneys medical condition if MHTCP opens the door to its admission at trial through arguments, questions from counsel, or answers elicited from witnesses. The Court will GRANT, IN PART, Farmhouses motion to exclude the testimony of expert witness Thomas D. Morton #75 . The Court declines to admit testimony regarding the proper valuation of MHTCPs interest in the Bridger I property. The Court will not determine the proper remedy at the May 31, 2022 trial. MHTCP will have the opportunity, if necessary, to introduce evidence regarding the property valuation at a remedy hearing. The Court will DENY WITHOUT PREJUDICE, IN PART, Farmhouses Motion to Exclude Thomas D. Morton #75 and will DENY WITHOUT PREJUDICE MHTCPs Motion to Strike Testimony by David Bjornson. The Parties stipulated to exclude David Bjornsons proposed testimony if Thomas Morton does not testify. The Court will issue its ruling on the parties cross-motions for summary judgment #60 & #64 in due course. Signed by Judge Brian Morris on 4/14/2022. (TLO)
April 14, 2022 Opinion or Order Filing 121 ORDER: IT IS HEREBY ORDERED: The undersigned will conduct a settlement conference in this matter at 9:00 a.m. on Wednesday, April 27 2022, at the Mike Mansfield Federal Courthouse, Butte, Montana. The parties will report to the Clerk of Courts Office for the location of the settlement conference. Out-of-state Defense Counsel may appear by Zoom. Defense Counsel is responsible for their Zoom appearance. SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Magistrate Judge John Johnston on 4/14/2022. (SLR) Modified on 4/14/2022 TO REFLECT ZOOM INFORMATION EMAILED TO OUT OF STATE COUNSEL MOSES AND QUIGLEY THIS DATE. (SLR).
April 14, 2022 Opinion or Order Filing 120 MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Scheduling Conference held on 4/14/2022. (SLL)
April 14, 2022 Opinion or Order Filing 119 AMENDED ORDER; IT IS HEREBY ORDERED that this case is referred to United States Magistrate Judge John Johnston, pursuant to L.R. 72.2(b), for the purpose of conducting a settlement conference. Judge Johnston will conduct a telephonic scheduling call on Thursday, April 14, 2022 at 2:00 p.m. MST. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 4/14/2022. (TLO)
April 14, 2022 Opinion or Order Filing 118 ORDER REFERRING CASE to Magistrate Judge John Johnston, pursuant to L.R. 72.2(b), for the purpose of conducting a settlement conference. Judge Johnston will conduct a telephonic scheduling call on Thursday, April 14, 2022 at 2:00 p.m. MST. The call-in number is as follows: 877- 402-9753; access code: Signed by Judge Brian Morris on 4/14/2022. (TLO)
April 13, 2022 Opinion or Order Filing 117 MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 4/13/2022 re #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Multi-Housing Tax Credit Partners XXX, #75 MOTION TO EXCLUDE THOMAS D. MORTON filed by Farmhouse Partners Limited Partnership, #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Farmhouse Partners Limited Partnership, #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX, #74 MOTION to Strike Testimony by David Bjornson filed by Multi-Housing Tax Credit Partners XXX, #64 MOTION for Summary Judgment filed by Farmhouse Partners Limited Partnership. Present in the courtroom for Plaintiff are Michael G. Black, Sydney E. Best and Trent M. Gardner; Edward Quigley, David Wagner and Cathy Moses for Defendants. Court advises all present of the purpose of todays proceeding. Arguments are heard by Black and Best for plaintiff, Quigley and Moses for defendant. Court deems the matters on Motions for Summary Judgment #60 , #64 submitted and will issue its ruling. #67 is Denied w/out prejudice with objections to be made during the Bench Trial. Parties are given two options to consider during the Bench Trial regarding testimony re: #74 and #75 as stated. Parties are heard and agree: If Morton is to testify there will be rebuttal by Bjornson. Motion #79 is Granted unless MHTCP opens the door at trial of that type of testimony. This matter will be referred to a Magistrate for settlement. Nothing further from the parties. Court is in Recess. Hearing commenced at 1:10 and concluded at 3:09. (Court Reporter Yvette Heinze.) (Law Clerk: K. Guldselth), (HEG)
April 11, 2022 Opinion or Order Filing 116 REPLY to Response to Motion re #74 MOTION to Strike Testimony by David Bjornson filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
April 11, 2022 Opinion or Order Filing 115 AFFIDAVIT in Support re #115 Reply to Response to #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2022 01 25 Deposition of Susan Burrows (Excerpts)) (Moses, Cathy) Modified on 4/12/2022 to link to correct document. (SLR).
April 11, 2022 Opinion or Order Filing 114 REPLY to Response to Motion re #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
April 11, 2022 Opinion or Order Filing 113 REPLY to Response to Motion re #75 MOTION TO EXCLUDE THOMAS D. MORTON filed by Farmhouse Partners Limited Partnership. (Black, Michael)
April 8, 2022 Opinion or Order Filing 112 AFFIDAVIT in Support re #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: December 20, 2016 Warranty Deed-Farmhouse-Burrows) (Moses, Cathy)
April 8, 2022 Opinion or Order Filing 111 Statement of Disputed Facts re: #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
April 8, 2022 Opinion or Order Filing 110 REPLY to Response to Motion re #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
April 8, 2022 Opinion or Order Filing 109 REPLY to Response to Motion re #64 MOTION for Summary Judgment filed by Farmhouse Partners Limited Partnership. (Black, Michael)
April 6, 2022 Opinion or Order Filing 108 ORDER: Before the Court is the #107 Stipulated Motion to Extend Filing Deadline for Proposed Final Pretrial Order. The parties ask the Court to extend the filing deadline for the proposed final pretrial order until April 29, 2022. With good cause appearing, IT IS ORDERED that the motion (Doc. 107) IS GRANTED. The parties shall file the proposed final pretrial order on or before April 29, 2022. Previously issued scheduling orders otherwise remain in full force and effect. Signed by Judge Brian Morris on 4/6/2022. (SLR)
April 6, 2022 Opinion or Order Filing 107 Joint MOTION for Extension of Time to File PROPOSED FINAL PRETRIAL ORDER Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order) (Black, Michael)
April 1, 2022 Opinion or Order Filing 106 REPLY to Response to Motion re #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Farmhouse Partners Limited Partnership. (Black, Michael)
March 31, 2022 Opinion or Order Filing 105 TEXT ORDER Re-Setting Hearing on Motion #74 MOTION to Strike Testimony by David Bjornson, #64 MOTION for Summary Judgment , #75 MOTION TO EXCLUDE THOMAS D. MORTON, #60 MOTION for Summary Judgment , #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE, #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition : IT IS HEREBY ORDERED that the Motion Hearing is re-set for 4/13/2022 at 01:00 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/31/2022. (SLL)
March 30, 2022 Opinion or Order Filing 104 ORDER granting #102 Motion for Leave to File Signed by Judge Brian Morris on 3/30/2022. (KAH)
March 30, 2022 Opinion or Order Filing 103 ORDER: IT IS HEREBY ORDERED that MHTCP's #56 Motion to Amend and Requested Leave to File Counterclaims is DENIED. Signed by Judge Brian Morris on 3/30/2022. (ACC)
March 29, 2022 Opinion or Order Filing 102 MOTION for Leave to File Reply ISO #56 Motion to Modify Scheduling Order and File Counterclaims Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Exhibit A: MHTCP's Reply ISO #56 Motion to Amend Scheduling Order and for Leave to File Counterclaims) (Moses, Cathy)
March 29, 2022 Opinion or Order Filing 101 TEXT ORDER Re-Setting Motion Hearing : IT IS HEREBY ORDERED that the Motion Hearing is reset for 11:30 a.m. on 4/13/2022 at 11:30 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/29/2022. (SLL)
March 28, 2022 Opinion or Order Filing 100 AFFIDAVIT in Opposition re #75 MOTION TO EXCLUDE THOMAS D. MORTON filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2021 01 26 Email from Dabney, #2 Exhibit B: 2022 02 02 Deposition of Keith O'Reilly, #3 Exhibit C: 2021 12 14 Deposition of William (Dab) Dabney, #4 Exhibit D: 2018 06 01 Email, #5 Exhibit E: 2022 01 26 Deposition of Stephan Garden) (Moses, Cathy)
March 28, 2022 Opinion or Order Filing 99 RESPONSE to Motion re #75 MOTION TO EXCLUDE THOMAS D. MORTON filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 28, 2022 Opinion or Order Filing 98 RESPONSE to Motion re #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex 1 - Depo Excerpt Sussman (2-8-22), #2 Ex 2 - Depo Excerpt Dabney (12-14-21)) (Black, Michael)
March 28, 2022 Opinion or Order Filing 97 RESPONSE to Motion re #74 MOTION to Strike Testimony by David Bjornson filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex 1 - Bjornson Rebuttal Expert Witness Disclosure (12-6-21), #2 Ex 2 - Depo Excerpts Bjornson (2-10-22), #3 Ex 3 - Decl Susan Burrows (11-21-21), #4 Ex 4 - Decl Dab Dabney (11-19-21)) (Black, Michael)
March 25, 2022 Opinion or Order Filing 96 AFFIDAVIT in Opposition re #64 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2021 12 14 Deposition of William (Dab) Dabney (Excerpts), #2 Exhibit B: 2021 04 30 Complaint, #3 Exhibit C: 2017 04 20 Letter to Sussman, #4 Exhibit D: 2017 02 17 Letter to Dabney, #5 Exhibit E: 2018 06 01 Email; Bridger valuation, #6 Exhibit F: 2018 07 18 Appraisal Report of Bridger I, #7 Exhibit G: 2018 07 19 Email; Re Bridger Appraisal, #8 Exhibit H: 2022 01 26 Deposition of Stephan Garden (Excerpts), #9 Exhibit I: 2022 02 02 Deposition of Keith O'Reilly (Excerpts), #10 Exhibit J: 2022 02 01 Deposition of Stephen Strain (Excerpts), #11 Exhibit K: 2021 05 28 Farmhouse Initial Disclosures, #12 Exhibit L: 2022 02 08 Deposition of Jeffrey Sussman (Excerpts), #13 Exhibit M: 2021 11 01 Farmhouse Second Revised and Updated Privilege Log, #14 Exhibit N: 2018 Email Chain re Garden-Sussman) (Moses, Cathy)
March 25, 2022 Opinion or Order Filing 95 Statement of Disputed Facts re: #64 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 25, 2022 Opinion or Order Filing 94 RESPONSE to Motion re #64 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 25, 2022 Opinion or Order Filing 93 Statement of Disputed Facts re: #60 MOTION for Summary Judgment filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex 1 - Depo Excerpts Dabney (12-14-21), #2 Ex 2 - Decl Dabney (3-22-22), #3 Ex 3 - Depo Excerpts Burrows (1-25-22), #4 Ex 4 - Dairy Appraisal, #5 Ex 5 - Topeka Appraisal, #6 Ex 6 - RFP 11.001089-11.001108, #7 Ex 7 - Def's Resp to Pl's 1st Disc Req at RFA 8 (06-28-21), #8 Ex 8 - RFP 11 (various), #9 Ex 9 - Depo Excerpts Sussman (2-8-22)) (Black, Michael)
March 25, 2022 Opinion or Order Filing 92 RESPONSE to Motion re #60 MOTION for Summary Judgment filed by Farmhouse Partners Limited Partnership. (Black, Michael)
March 23, 2022 Opinion or Order Filing 91 ORDER: Plaintiff having submitted an #90 unopposed motion to extend the fully briefed deadline and good cause appearing therefrom, IT IS HEREBY ORDERED that: 1. The motion is GRANTED; and 2. The fully briefed deadline is extended from March 25, 2022, to March28, 2022, at 5:00 p.m., MDT. Signed by Judge Brian Morris on 3/23/2022. (ACC)
March 23, 2022 Opinion or Order Filing 90 Unopposed MOTION TO EXTEND THE FULLY BRIEFED DEADLINE re #46 Scheduling Order,, Terminate Motions, Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order) (Black, Michael)
March 21, 2022 Opinion or Order Filing 89 TEXT ORDER Setting Hearing on Motion: All pending motions, excluding Motion 56, will be heard at the Motion Hearing set for 4/13/2022 at 09:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/21/2022. (SLL)
March 18, 2022 Opinion or Order Filing 88 AFFIDAVIT in Opposition re #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 18, 2022 Opinion or Order Filing 87 AFFIDAVIT in Opposition re #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: January 30, 2018 to March 14, 2018 Emails Between Stephan Garden and Jeff Sussman, #2 Exhibit B: 2021 12 14 Deposition of William (Dab) Dabney (Excerpts), #3 Exhibit C: 2015 07 10 Email, #4 Exhibit D: 2019 09 25 Email, #5 Exhibit E: 2019 10 01 Email, #6 Exhibit F: 2016 10 05 Stipulation and Order, #7 Exhibit G: 2016 10 03 Email, #8 Exhibit H: 2017 01 27 Letter to Sussman, #9 Exhibit I: 2017 02 07 Letter to Dabney, #10 Exhibit J: 2017 02 07 Letter to Dabney, #11 Exhibit K: 2017 02 08 Email, #12 Exhibit L: 2017 04 20 Letter to Sussman, #13 Exhibit M: 2017 05 23 Letter to Amsden, #14 Exhibit N: January 30, 2018 to March 14, 2018 Emails Between Stephan Garden and Jeff Sussman (With Redacted Emails to John Amsden), #15 Exhibit O: 2018 06 07 Email; Bridgers, #16 Exhibit P: 2018 07 10 Letter to Farmhouse, #17 Exhibit Q: 2018 11 13 Letter to Gardner, #18 Exhibit R: 2018 12 21 Letter to Gardner, #19 Exhibit S: LPA of Farmhouse - College (Excerpts), #20 Exhibit T: 2018 05 22 Email, #21 Exhibit U: 2019 08 28 Email, #22 Exhibit V: 2021 12 29 Farmhouse Privilege Log re Chui Investments, #23 Exhibit W: 2020 10 07 Email, #24 Exhibit X: 2020 10 16 Email, #25 Exhibit Y: 2020 11 03 Email, #26 Exhibit Z: 2022 01 24 Farmhouse Privilege Log re Stephan Garden, #27 Exhibit AA: 2021 01 26 Email, #28 Exhibit BB: 2020 05 21 Email; Re Comstock II, #29 Exhibit CC: 2020 05 20 2nd Amendment to Amended LPA of Farmhouse Comstock II, #30 Exhibit DD: 2021 03 02 Email; Baxter sale, #31 Exhibit EE: 2021 11 01 Farmhouse Second Revised and Updated Privilege Log, #32 Exhibit FF: 2022 02 18 Letter to Amsden and Black, #33 Exhibit GG: 2021 02 01 Email, #34 Exhibit HH: 2022 02 08 Deposition of Jeffrey Sussman (Excerpts), #35 Exhibit II: 2021 02 10 Letter to Farmhouse) (Moses, Cathy)
March 18, 2022 Opinion or Order Filing 86 RESPONSE to Motion re #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 17, 2022 Opinion or Order Filing 85 MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 3/17/2022 re #56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims filed by Multi-Housing Tax Credit Partners XXX. Present in the courtroom are Mike Black, Trent Gardner and Sidney Best for Plaintiffs; Griffin Steven for the Defendants. Present via Zoom for the defendants are Edward Quigley and Cathy Moses. Arguments are heard by Black and Quigley on Motion #56 . Matter will be taken under advisement. All additional pending motions will be addressed at the hearing in April. Parties are advised that a settlement conference is an option and they are to advised to notify the Court if they choose to go before a magistrate to conduct a settlement conference. Nothing further from the parties. Court is in RECESS. Hearing commenced at 11:40 and concluded at 12:24. (Court Reporter Yvette Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Butte) (HEG)
March 15, 2022 Opinion or Order Filing 84 RESPONSE to Motion re #56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex A - Depo Excerpts MHTCP 30(b)(6) (2-8-22), #2 Ex B - Depo Excerpts Burrows (1-25-22), #3 Ex C - Mot Hrg Transcr Excerpts (12-9-21), #4 Ex D - Depo Excerpts Dabney (12-14-21)) (Black, Michael)
March 15, 2022 Opinion or Order Filing 83 NOTICE of Appearance by Griffin B. Stevens on behalf of Multi-Housing Tax Credit Partners XXX (Stevens, Griffin)
March 14, 2022 Opinion or Order Filing 82 TEXT ORDER Setting Hearing on Motion #74 MOTION to Strike Testimony by David Bjornson, #64 MOTION for Summary Judgment , #75 MOTION TO EXCLUDE THOMAS D. MORTON, #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE, #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition : ( Motion Hearing set for 4/13/2022 at 09:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/14/2022. (SLL)
March 14, 2022 Opinion or Order Filing 81 AFFIDAVIT in Support re #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2021 12 14 Excerpts of Deposition of William (Dab) Dabney, #2 Exhibit B: 2021 11 01 Farmhouse Second Revised and Updated Privilege Log) (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 80 Brief/Memorandum in Support re #79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 79 MOTION in Limine to Exclude Testimony Regarding Samantha Dabney's Medical Condition Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 78 Brief/Memorandum in Support re #75 MOTION TO EXCLUDE THOMAS D. MORTON filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex 1 - Expert Witness Disclosure 11-05-21, #2 Ex 2 - Depo Excerpts Sussman, #3 Ex 3 - Doc. 28-7, LPA Section 8) (Black, Michael)
March 14, 2022 Opinion or Order Filing 77 AFFIDAVIT in Support re #74 MOTION to Strike Testimony by David Bjornson filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2002 09 05 Excerpts of Amended LPA of Farmhouse - College, #2 Exhibit B: 2021 12 06 Excerpts of Farmhouse Rebuttal Expert Witness Disclosure of David H. Bjornson, #3 Exhibit C: 2022 03 02 Excerpts of Farmhouse Supplemental Rebuttal Expert Witness Disclosure of David H. Bjornson, #4 Exhibit D: 2022 02 10 Excerpts of Deposition of David Bjornson) (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 76 Brief/Memorandum in Support re #74 MOTION to Strike Testimony by David Bjornson filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 75 MOTION TO EXCLUDE THOMAS D. MORTON Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Black, Michael)
March 14, 2022 Opinion or Order Filing 74 MOTION to Strike Testimony by David Bjornson Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 73 MOTION to Continue April 5, 2022 Hearing Date On Motions To April 13, 2022 Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
March 14, 2022 Opinion or Order Filing 72 TEXT ORDER RESETTING: IT IS HEREBY ORDERED that the Motion Hearing is reset for 3/17/2022 at 11:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/14/2022. (SLL)
March 8, 2022 Opinion or Order Filing 71 TEXT ORDER Setting Hearing on Motion #64 MOTION for Summary Judgment , #60 MOTION for Summary Judgment , #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE : Motion Hearing is set for 4/5/2022 at 11:30 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/8/2022. (SLL)
March 8, 2022 Opinion or Order Filing 70 ORDER: Before the Court is Defendant Multi-Housing Tax Credit Partners XXX's #69 Unopposed Motion for out of state counsel to appear via Zoom, and good cause appearing, IT IS HEREBY ORDERED that out of state counsel for MHTCP, Edward Quigley and Cathy Moses, shall be permitted to appear via Zoom, at the motion hearing scheduled for March 17, 2022 at 12:00 p.m. Signed by Judge Brian Morris on 3/8/2022. (ACC) Modified on 3/14/2022 to reflect Zoom information emailed to Counsel Moses and Quigley this date. (SLR).
March 7, 2022 Opinion or Order Filing 69 Unopposed MOTION for Leave to Appear VIA ZOOM VIDEO CONFERENCING at #56 MHTCPs Motion to Amend/Correct Scheduling Order and for Leave to File Counterclaims Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Text of Proposed Order Proposed Order Granting MHTCP Motion to Appear via Zoom Video) (Moses, Cathy)
March 4, 2022 Opinion or Order Filing 68 Brief/Memorandum in Support re #67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Ex A - Depo Excerpts Bjornson (02-10-22), #2 Ex B - Depo Excerpts Sussman (02-08-22), #3 Ex C - Def's Privilege Log (01-27-22), #4 Ex D - NOD 30(b)(6) MHTCP SECOND AMENDED, #5 Ex E - MHTCP's Objection to Second Amended NOD 30(b)(6) MHTCP, #6 Ex F - Depo Exh 16, Dabney Email to Sussman (10-03-16), #7 Ex G - Decl Dabney (02-28-22), #8 Ex H - Decl Gardner (03-01-22), #9 Ex I - Sussman Email to Dabney (06-07-18), #10 Ex J - Quiglely Ltr to Farmhouse (07-10-18), #11 Ex K - Depo Excerpts Dabney (12-14-21), #12 Ex L - Depo Exh 22, Dabney Email to Sussman (03-02-21), #13 Ex M - Depo Exh 23, Gardner Ltr to Quigley (07-19-18), #14 Ex N - CA Rules of Prof Conduct 4.2, 8.4) (Black, Michael)
March 4, 2022 Opinion or Order Filing 67 MOTION to Strike AND EXCLUDE THE FRUIT OF ATTORNEY SUSSMANS POISONED TREE Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Black, Michael)
March 4, 2022 Opinion or Order Filing 66 Statement of Undisputed Fact re: #64 MOTION for Summary Judgment by Farmhouse Partners Limited Partnership filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Exhibit Ex A - Depo Exh 4, FPCLP Agreement (09-05-02), #2 Exhibit Ex B - Depo Exh 5, First Amended FPCLP Agreement (11-05-02), #3 Exhibit Ex C - Depo Excerpts Sussman (02-08-22), #4 Exhibit Ex D - Decl Dabney (02-28-22), #5 Exhibit Ex E - Depo Exh 14, Farmhouse LPA (08-01-94), #6 Exhibit Ex F - Depo Excerpts Dabney (12-14-21), #7 Exhibit Ex G - Depo Exh 1, Property Settlement Agreement (09-13-13), #8 Exhibit Ex H - Dabney Emails to Sussman - 2016 (MHTCP 1339-1340), #9 Exhibit Ex I - Depo Exh 2, Stip & Order to Amend Property Settlement Agreement (10-05-16), #10 Exhibit Ex J - Depo Exh 16, Email Dabney to Sussman (10-03-16), #11 Exhibit Ex K - Depo Exh 97, Dabney Ltr to Sussman (01-27-17), #12 Exhibit Ex L - Depo Exh 23, Gardner Ltr to Quigley (07-19-18), #13 Exhibit Ex M - Depo Exh 95, Email Dabney to Sussman (07-10-15), #14 Exhibit Ex N - Depo Exh 94, Second Amended Notice of 30(b)(6) Depo, #15 Exhibit Ex O - Quigley Ltr to Amsden re Bridger I (05-23-17), #16 Exhibit Ex P - Depo Exh 102, Transcr Mot Hrg (12-09-21), #17 Exhibit Ex Q - Depo Excerpts Garden (01-26-22), #18 Exhibit Ex R - Doc 28-20, Sussman Email to Dabney (06-07-18), #19 Exhibit Ex S - Quigley Ltr to Farmhouse (07-10-18), #20 Exhibit Ex T - Doc 28-23, Quigley Ltr to Gardner (12-21-18), #21 Exhibit Ex U - Doc 28-2, Notice of Exercise of Option (01-26-2021), #22 Exhibit Ex V - Doc 28-4, Quigley Ltr to Farmhouse (02-10-21), #23 Exhibit Ex W - Expert Witness Disclosure, Ex 1, Rpt O'Reilly (11-05-21), #24 Exhibit Ex X - Def's Resp to Pl's 4th Disc Req, pp 2-3 (12-27-21), #25 Exhibit Ex Y - Def's Resp to Pl's 1st Disc Req, pp 17-18 (06-28-21)) (Black, Michael)
March 4, 2022 Opinion or Order Filing 65 Brief/Memorandum in Support re #64 MOTION for Summary Judgment filed by Farmhouse Partners Limited Partnership. (Black, Michael)
March 4, 2022 Opinion or Order Filing 64 MOTION for Summary Judgment Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Black, Michael)
March 4, 2022 Opinion or Order Filing 63 Statement of Undisputed Fact re: #60 MOTION for Summary Judgment by Multi-Housing Tax Credit Partners XXX filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 4, 2022 Opinion or Order Filing 62 AFFIDAVIT in Support re #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2002 09 05 Amended Limited Partnership Agreement of Farmhouse College, #2 Exhibit B: 2002 11 25 First Amendment to Amended LPA of Farmhouse - College, #3 Exhibit C: 2021 12 14 Deposition of Dabney, William (Dab) (Excerpts), #4 Exhibit D: 2021 11 22 MHTCP XXXs Notice of Deposition to PMK for Farmhouse, #5 Exhibit E: 2016 10 05 Stipulation and Order to Amend Property Settlement, #6 Exhibit F: 2013 09 13 Property Settlement Agreement, #7 Exhibit G: 2022 01 26 Deposition of Garden, Stephan (Excerpts), #8 Exhibit H: 2014 07 01 Operating Agreement of Chui Investments, #9 Exhibit I: 2016 12 20 Warranty Deed re Burrows to Chui Investments, #10 Exhibit J: 2016 12 20 Warranty Deed re Chui Investments to Big Sky Apartments, #11 Exhibit K: 2022 02 08 Deposition of Sussman, Jeffrey (Excerpts), #12 Exhibit L: 2017 02 17 Letter to Dabney, #13 Exhibit M: 2017 04 20 Letter to Sussman, #14 Exhibit N: 2017 05 23 Letter to Amsden, #15 Exhibit O: 2018 07 19 Letter to Quigley, #16 Exhibit P: 2021 01 26 Email re GP Option to Purchase, #17 Exhibit Q: 2021 12 01 Excerpts of Responses RFAs (Set One) by Plaintiff, #18 Exhibit R: 2022 02 01 Deposition of Strain, Stephen (Excerpts), #19 Exhibit S: 2021 02 10 Letter to Farmhouse, #20 Exhibit T: 2021 03 03 Letter to Quigley, #21 Exhibit U: 2021 04 30 Summons and Complaint - Farmhouse Partners Limited Partnership v. MHTCP XXX, #22 Exhibit V: 2021 12 29 Farmhouse Chui Privilege Log, #23 Exhibit W: 2022 01 24 Farmhouse Privilege Log re Stephan Garden, #24 Exhibit X: 2022 01 25 Deposition of Burrows, Susan (Excerpts), #25 Exhibit Y: 2018 Garden and Sussman Emails, #26 Exhibit Z: 2020 04 15 Emails (Garden and Bridges), #27 Exhibit AA: 2018 06 01 Email: Bridger valuation, #28 Exhibit BB: 2018 07 19 Email: Re: Bridger Appraisal, #29 Exhibit CC: 2018 07 18 Appraisal Report of Bridger I, #30 Exhibit DD: 2022 02 02 Deposition of O'Reilly, Keith (Excerpts), #31 Exhibit EE: 2021 11 22 [28-14] Declaration of William C. Dabney III, #32 Exhibit FF: 2021 12 23 Privilege Log (updated) re Amsden-Burrows Communications) (Moses, Cathy)
March 4, 2022 Opinion or Order Filing 61 Brief/Memorandum in Support re #60 MOTION for Summary Judgment filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 4, 2022 Opinion or Order Filing 60 MOTION for Summary Judgment Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
March 2, 2022 Opinion or Order Filing 59 TEXT ORDER Setting Hearing on Motion #56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims : Motion Hearing set for 3/17/2022 at 12:00 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 3/2/2022. (SLL)
March 1, 2022 Opinion or Order Filing 58 AFFIDAVIT in Support re #56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: Proposed Counterclaims against Farmhouse, #2 Exhibit B: 2021 04 30 Summons and Complaint, #3 Exhibit C: 2002 09 05 Bridger Apartments LP Agreement, #4 Exhibit D: 2002 11 25 Bridger Apartments LP Agreement- 1st Amendment, #5 Exhibit E: 2004 09 22 Amended Bridger II LP Agreement, #6 Exhibit F: 2004 09 30 Bridger II LP Agreement - 1st Amendment, #7 Exhibit G: 2004 09 22 Developer Agreement, #8 Exhibit H: 2016 10 05 Stipulation (Divorce Settlement Agreement), #9 Exhibit I: 2014 07 01 Operating Agreement of Chui Investments, L.L.C., #10 Exhibit J: 2022 01 26 Deposition of Stephan Garden (Excerpts), #11 Exhibit K: 2017 02 07 Letter to William Dabney, #12 Exhibit L: 2017 04 20 Letter to Jeffrey H. Sussman, #13 Exhibit M: 2017 05 23 Letter to John L. Amsden, #14 Exhibit N: 2018 07 19 Letter to Edward F. Quigley, #15 Exhibit O: 2021 01 26 Email from Dab Dabney, #16 Exhibit P: 2021 02 10 Letter to Farmhouse Partners Limited Partnership, #17 Exhibit Q: 2021 03 03 Letter to Edward F. Quigley, #18 Exhibit R: 2021 06 14 First Set of RFP to Plaintiff Farmhouse Partners, #19 Exhibit S: 2021 10 14 Email from Mike Black, #20 Exhibit T: 2021 08 23 Letter to John L. Amsden and Michael Black, #21 Exhibit U: 2021 08 27 Plaintiffs Privilege Log re Gardner-Amsden Communications (06-18-2018 to 04-14-2020), #22 Exhibit V: 2021 11 01 Plaintiffs Second Revised and Updated Privilege Log, #23 Exhibit W: 2021 12 23 Privilege Log (updated) re Amsden-Burrows Communications, #24 Exhibit X: 2021 12 29 Farmhouse Chui Privilege Log, #25 Exhibit Y: 2022 01 24 Plaintiffs Privilege Log re Stephan Garden, #26 Exhibit Z: 2021 12 14 Deposition of William (Dab) Dabney (Excerpts), #27 Exhibit AA: 2018 06 01 Email from John Amsden, #28 Exhibit BB: 2018 07 19 Email from Stephan Garden, #29 Exhibit CC: 2018 07 18 Appraisal Report, #30 Exhibit DD: 2020 04 15 Emails, #31 Exhibit EE: 2022 02 10 Letter to John L. Amsden and Michael Black, #32 Exhibit FF: 2022 02 15 Letter to John L. Amsden and Michael Black, #33 Exhibit GG: 2022 02 14 Letter to Cathy T. Moses, #34 Exhibit HH: 2022 02 25 Letter to Cathy T. Moses, #35 Exhibit II: 2021 07 01 Plaintiffs Preliminary Pretrial Statement, #36 Exhibit JJ: 2021 10 18 MHTCP XXX's Amended Notice of Deposition Subpoena re Nicholas Bridges, #37 Exhibit KK: 2022 01 31 Letter to Cathy T. Moses, #38 Exhibit LL: 2022 02 01 Deposition of Stephen Strain (Excerpts)) (Moses, Cathy)
March 1, 2022 Opinion or Order Filing 57 Brief/Memorandum in Support re #56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
March 1, 2022 Opinion or Order Filing 56 MOTION to Amend/Correct Scheduling Order and for Leave to File Counterclaims Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
January 24, 2022 Opinion or Order Filing 55 AFFIDAVIT/DECLARATION re #54 Reply to Response to Motion to Compel Production of September 1, 2020 Limited Scope Engagement Letter, or for In Camera Review by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit J: Excerpts from 2021 12 14 Deposition of William (Dab) Dabney) (Moses, Cathy)
January 24, 2022 Opinion or Order Filing 54 REPLY to Response to Motion re #47 MOTION to Compel Production Of September 1, 2020 Limited Scope Engagement Agreement, Or For In Camera Review filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
January 18, 2022 Opinion or Order Filing 53 NOTICE by Farmhouse Partners Limited Partnership re #51 Order on Motion to Compel, OF MAILING (Attachments: #1 Exhibit 1 - Cvr Ltr) (Black, Michael)
January 18, 2022 Opinion or Order Filing 52 Remark: In Camera Documents received per Order #51 in the Butte's Clerk Office by mail and originals mailed to Judge Morris's Chambers in Great Falls. (MMS)
January 11, 2022 Opinion or Order Filing 51 ORDER: IT IS HEREBY ORDERED that Defendant MHTCP's #47 Motion to Compel Production of September 1, 2020 Limited Scope Engagement Letter, or for In Camera Review is GRANTED, IN PART. 1. Defendant's motion to produce the September 1, 2020 Limited Scope Engagement Letter for in camera review is GRANTED. Farmhouse shall submit the document to the Court no later than January 18, 2022. Signed by Judge Brian Morris on 1/11/2022. (ACC)
January 10, 2022 Opinion or Order Filing 50 RESPONSE to Motion re #47 MOTION to Compel Production Of September 1, 2020 Limited Scope Engagement Agreement, Or For In Camera Review filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Exhibit A, Chart) (Black, Michael)
December 27, 2021 Opinion or Order Filing 49 AFFIDAVIT in Support re #47 MOTION to Compel Production Of September 1, 2020 Limited Scope Engagement Agreement, Or For In Camera Review filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2021 04 30 Summons and Complaint - Farmhouse Partners Limited Partnership v. MHTCP XXX, #2 Exhibit B: 2002 09 05_Bridger Apts_LP Limited Partnership Agreement, #3 Exhibit C: 2016 10 05_Stipulation, #4 Exhibit D: 2021 11 11 Plaintiff Privilege Log, #5 Exhibit E: 2021 12 02 MHTCP XXX's Amended Notice of Deposition re Susan Burrows, #6 Exhibit F: 2021 12 02 MHTCP XXX's Amended Notice of Deposition re William Dabney, #7 Exhibit G: 2021 11 19 Letter to Amsden and Black Re November 17 Privilege Log, #8 Exhibit H: Transcript of William C. Dabney, #9 Exhibit I: 2021 12 17 Meet Confer Emails) (Moses, Cathy)
December 27, 2021 Opinion or Order Filing 48 Brief/Memorandum in Support re #47 MOTION to Compel Production Of September 1, 2020 Limited Scope Engagement Agreement, Or For In Camera Review filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
December 27, 2021 Opinion or Order Filing 47 MOTION to Compel Production Of September 1, 2020 Limited Scope Engagement Agreement, Or For In Camera Review Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
December 27, 2021 Opinion or Order Filing 46 ORDER: Upon the parties Stipulated Motion and good cause appearing the following schedule shall apply: Discovery shall close on: February 11, 2022; All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before: March 25, 2022; All other deadlines remain as set forth in the Courts Scheduling Order (Dkt. #19 ), as amended. Signed by Judge Brian Morris on 12/27/2021. (TLO)
December 27, 2021 Opinion or Order Filing 45 Unopposed MOTION to Continue Discovery and Motion Deadlines in Scheduling Order (Dkt. 19) Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Continue Discovery and Motion Deadlines) (Moses, Cathy)
December 17, 2021 Opinion or Order Filing 44 Remark: In Camera Documents received by Plaintiff on December 9, 2021, per Order #41 . (MMS)
December 13, 2021 Opinion or Order Filing 42 TRANSCRIPT of Motion Hearing held on 12/09/2021 before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/13/2022. Release of Transcript Restriction set for 3/14/2022. (YMH)
December 10, 2021 Opinion or Order Filing 41 ORDER granting in part and denying in part #23 Motion to Compel. Defendant's motion to produce the 17 withheld documents for in camera review is GRANTED. Defendant's motion to compel the production of the 17 documents withheld under the common interest doctrine is DENIED. Defendant's motion for a privilege log is GRANTED, IN PART. Plaintiff shall provide Defendant a privilege log of communications between Susan Burros and John Amsden from the date that John Amsden assumed his role as counsel for Farmhouse to the present. Signed by Judge Brian Morris on 12/10/2021. (MMS)
December 10, 2021 Opinion or Order Filing 40 TRANSCRIPT ORDER FORM MOTION HEARING re #23 MOTION TO COMPEL by Farmhouse Partners Limited Partnership for proceedings held on 12-09-2021 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 3-Day. Transcript due by 12/13/2021. (Black, Michael)
December 9, 2021 Opinion or Order Filing 39 MINUTE ENTRY for proceedings held before Judge Brian Morris: Counsel Michael Black, Counsel Sidney Best, and Counsel Trent Gardner appearing in person on behalf of the Plaintiff; Counsel Edward Quigley and Counsel David Wagner appearing in person, and Counsel Cathy Moses appearing via ZOOM on behalf of the Defendant. Motion Hearing re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX, parties with argument. Matter is submitted. Court informs counsel if they are interested in a settlement conference to file a motion. Plaintiff counsel informed to submit documents for In Camera Review. Hearing commenced at 2:33 PM and concluded at 3:45 PM. (Court Reporter Yvette Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Mike Mansfield Courthouse) (SMS)
December 8, 2021 Opinion or Order Filing 38 NOTICE of Appearance by Sydney E. Best on behalf of Farmhouse Partners Limited Partnership (Best, Sydney)
December 8, 2021 Opinion or Order Filing 37 ORDER: Before the Court is Defendant Multi-Housing Tax Credit Partners XXX's #36 Unopposed Motion for out of state counsel to appear via Zoom, and good cause appearing, IT IS HEREBY ORDERED that out of state counsel for MHTCP shall be permitted to appear via Zoom video conferencing for the hearing on December 9, 2021, at 2:30 p.m. MHTCP will contact the Clerk of Court for the Zoom instructions. Signed by Judge Brian Morris on 12/8/2021. (ACC)
December 7, 2021 Opinion or Order Filing 36 Unopposed MOTION for Leave to Appear VIA ZOOM VIDEO CONFERENCE at the hearing on MHTCPs Motion to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log scheduled for December 9, 2021, at 2:30 p.m. Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Text of Proposed Order PROPOSED ORDER GRANTING MOTION TO APPEAR VIA ZOOM VIDEO CONFERENCE) (Moses, Cathy)
December 6, 2021 Opinion or Order Filing 35 AFFIDAVIT in Support re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A_2021 11 19 Letter to Amsden and Black Re November 17 Privilege Log, #2 Exhibit B_Pl's 2nd Supp Resp to Def's ROGs (Set Two) 21-1119) (Moses, Cathy)
December 6, 2021 Opinion or Order Filing 34 REPLY to Response to Motion re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
December 6, 2021 Opinion or Order Filing 33 ORDER: Having considered the #32 Motion to Continue Discovery Deadline, the Court modifies the Scheduling Order relating to discovery dated July 8, 2021 as follows: The deadline for discovery is continued from December 17, 2021 to January 7, 2022. All other deadlines remain as set forth in the Court's Scheduling Order (Doc. 19), as further amended (Docs. 22,30). Signed by Judge Brian Morris on 12/6/2021. (ACC)
December 6, 2021 Opinion or Order Filing 32 Unopposed MOTION for Extension of Time to Complete Discovery Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Text of Proposed Order PROPOSED ORDER GRANTING UNOPPOSED MOTION TO CONTINUE EXPERT DEADLINES IN SCHEDULING ORDER (DKT. 19)) (Moses, Cathy)
December 1, 2021 Opinion or Order Filing 31 TEXT ORDER Setting Hearing on Motion #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log : Motion Hearing set for 12/9/2021 at 02:30 PM at the Mike Mansfield Federal Courthouse, Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 12/1/2021. (SLL)
November 30, 2021 Opinion or Order Filing 30 ORDER: Before the Court is Plaintiff Farmhouse Partners Limited Partnership's #29 Unopposed Motion to Continue Rebuttal Expert Deadlines in Scheduling Order. Accordingly, IT IS ORDERED that the motion is GRANTED. The parties shall disclose their rebuttal experts on or before December 6, 2021. All other deadlines remain unchanged. (See Docs. 19, 22). Signed by Judge Brian Morris on 11/30/2021. (ACC)
November 30, 2021 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time to File Rebuttal Expert Disclosures Michael G. Black appearing for Plaintiff Farmhouse Partners Limited Partnership (Attachments: #1 Text of Proposed Order Proposed Order) (Black, Michael)
November 22, 2021 Opinion or Order Filing 28 RESPONSE to Motion re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Farmhouse Partners Limited Partnership. (Attachments: #1 Exhibit 1 - Decl M Black, #2 Exhibit 2 - Notice of Exercise of Option (01-26-2021) (1), #3 Exhibit 2 - Notice of Exercise of Option (01-26-2021) (2), #4 Exhibit 3 - Quigley Ltr to Farmhouse (02-10-21), #5 Exhibit 4 - Sussman Emails (2018), #6 Exhibit 5 - LPA Forecast, #7 Exhibit 6 - LPA Section 8.1, #8 Exhibit 7 - LPA Section 12.1, #9 Exhibit 8 - Quigley Ltr to Amsden (03-12-21), #10 Exhibit 9 - Pls Second Supp Resp to Defs ROGs (Set Two) (11-19-21), #11 Exhibit 10 - 2004 Ground Lease for Bridger II, #12 Exhibit 11 - Decl S Burrows (11-21-21), #13 Exhibit 12 - Dabney-Burrows Divorce Settlement Agreement (10-05-16), #14 Exhibit 13 - Decl W Dabney (11-19-21), #15 Exhibit 14 - Dabney Email to Sussman (10-03-16), #16 Exhibit 15 - Dabney Ltr to Sussman (01-27-17), #17 Exhibit 16 - Sussman Ltr to Dabney (02-07-17), #18 Exhibit 17 - Amsden Ltr to Sussman (04-20-17), #19 Exhibit 18 - Quigley Ltr to Amsden (05-23-17), #20 Exhibit 19 - Sussman Email to Dabney (06-07-18), #21 Exhibit 20 - Quigley Ltr to Farmhouse (07-10-18), #22 Exhibit 21 - Gardner Ltr to Quigley (07-19-18), #23 Exhibit 22 - Quigley Ltr to Gardner (12-21-18), #24 Exhibit 23 - Defs First RFPs to Pl (06-14-21), #25 Exhibit 24 - Amsden-Burrows Privilege Log (11-17-21), #26 Exhibit 25 - Defs SDT to Burrows (11-03-21), #27 Exhibit 26 - Pls Obj to Burrows SDT (11-17-21), #28 Exhibit 27 - Decl J Amsden (11-22-21)) (Black, Michael)
November 16, 2021 Opinion or Order Filing 27 NOTICE by Farmhouse Partners Limited Partnership (Gardner, Trent)
November 8, 2021 Opinion or Order Filing 26 AFFIDAVIT in Support re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2002-09-05 Farmhouse Partners - College Limited Partnership Agreement, #2 Exhibit B: 2002-11-25 First Amendment to Farmhouse Partners College Limited Partnership Agreement, #3 Exhibit C: 2017-01-27 Farmhouse Letter to MHTCP, #4 Exhibit D: 2017-02-07 MHTCPs Response Letter, #5 Exhibit E: 2017-04-20 Letter from Amsden Firm to MHTCP, #6 Exhibit F: 2020-10-16 Dabney Email to MHTCP, #7 Exhibit G: 2021 01 26 Email from Dabney) (Moses, Cathy)
November 8, 2021 Opinion or Order Filing 25 AFFIDAVIT in Support re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit A: 2021 04 30 Summons and Complaint - Farmhouse Partners Limited Partnership v. MHTCP, #2 Exhibit B: 2017 05 23 Quigley Letter to John L. Amsden, #3 Exhibit C: 2018 07 10 Notice of Default Letter, #4 Exhibit D: 2018 07 19 Gardner to Quigley, #5 Exhibit E: 2021 02 10 Letter to Farmhouse Partners, #6 Exhibit F: 2021 03 03 Letter from Amsden to Quigley, #7 Exhibit G: 2021 08 02 Responses to Requests for Production (Set One) by Plaintiff, #8 Exhibit H: 2021 08 23 Letter to Amsden and Black, #9 Exhibit I: 2021 08 27 Plaintiffs Privilege Log, #10 Exhibit J: 2021 08 27 Supplemental Response RFP (Set One) by Plaintiff, #11 Exhibit K: 2021 10 11 Plaintiffs Revised and Updated Privilege Log, #12 Exhibit L: 2021 11 01 Plaintiffs Second Revised and Updated Privilege Log, #13 Exhibit M: 2021 08 27 Letter from Black to Moses, #14 Exhibit N: 2021 09 02 Letter to Amsden and Black, #15 Exhibit O: 2021 09 17 Black Letter to Moses, #16 Exhibit P: 2021 10 14 Letter to Amsden and Black, #17 Exhibit Q: 2021 10 29 Email from Moses to Black, #18 Exhibit R: 2021 10 14 Email from Black to Moses, #19 Exhibit S: 2021 11 04 Letter from Black to Moses, #20 Exhibit T: 2021 11 03 Subpoena to Susan Burrows, #21 Exhibit U: 2021 11 08 Responses to ROGs (Set Two) by Plaintiff) (Moses, Cathy)
November 8, 2021 Opinion or Order Filing 24 Brief/Memorandum in Support re #23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log filed by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
November 8, 2021 Opinion or Order Filing 23 MOTION to Compel Production Of Documents, Or For In Camera Review, And For Privilege Log Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Moses, Cathy)
October 18, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion to Modify Scheduling Order. PLEASE SEE ORDER FOR NEW DEADLINES. All other deadlines remain as set forth in the Court's Scheduling Order #19 . Signed by Judge Brian Morris on 10/18/2021. (MMS)
October 18, 2021 Opinion or Order Filing 21 Unopposed MOTION to Continue Expert Deadlines In Scheduling Order (Dkt. 19) Cathy T. Moses appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Continue Expert Deadlines) (Moses, Cathy)
July 22, 2021 Opinion or Order Filing 20 NOTICE of Appearance by Michael G. Black on behalf of Farmhouse Partners Limited Partnership (Black, Michael)
July 8, 2021 Opinion or Order Filing 19 SCHEDULING ORDER: Contract Court Reporter is Needed: Amended Pleadings and Joinder of Parties due by 8/16/2021. Discovery closes 12/17/2021. All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before 2/15/2022. Proposed Final Pretrial Order due by 4/18/2022. Final Pretrial Conference set for 5/31/2022 at 08:30 AM in Butte, MT before Judge Brian Morris. Bench Trial set for 5/31/2022 at 09:00 AM in Butte, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS AND ALL DEADLINES. Signed by Judge Brian Morris on 7/8/2021. (SLR)
July 8, 2021 Opinion or Order Filing 18 MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Pretrial Conference held on 7/8/2021. (Law Clerk: J. Pollack), (SLL)
July 1, 2021 Opinion or Order Filing 17 PRELIMINARY PRETRIAL STATEMENT by Farmhouse Partners Limited Partnership. (Attachments: #1 Exhibit 1 - Ltr Quigley to Farmhouse (Feb 10, 2021), #2 Exhibit 2 - Limited Partnership Agreement, Article VIII, #3 Exhibit 3 - Ltr Quigley to Amsden (May 23, 2017), #4 Exhibit 4 - Ltr Dabney to Sussman (undated), #5 Exhibit 5 - Memo Strain to Dabney (Jan 14, 2021), #6 Exhibit 6 - Stipulation (Oct 5, 2016)) (Amsden, John)
July 1, 2021 Opinion or Order Filing 16 PRELIMINARY PRETRIAL STATEMENT by Multi-Housing Tax Credit Partners XXX. (Moses, Cathy)
July 1, 2021 Opinion or Order Filing 15 STATEMENT OF STIPULATED FACTS by Farmhouse Partners Limited Partnership. (Amsden, John)
July 1, 2021 Opinion or Order Filing 14 JOINT DISCOVERY PLAN by Farmhouse Partners Limited Partnership. (Amsden, John)
June 2, 2021 Opinion or Order Filing 13 NOTICE by Multi-Housing Tax Credit Partners XXX re #6 Order on Motion to Appear Pro Hac Vice [Notice of Acceptance and Acknowledgement By Edward F. Quigley] (Quigley, Edward)
June 2, 2021 Opinion or Order Filing 12 NOTICE by Multi-Housing Tax Credit Partners XXX re #6 Order on Motion to Appear Pro Hac Vice [Notice of Acceptance and Acknowledgement By Cathy T. Moses] (Moses, Cathy)
June 1, 2021 Opinion or Order Filing 11 ANSWER to #10 Complaint by Multi-Housing Tax Credit Partners XXX. (Wagner, David)
June 1, 2021 Opinion or Order Filing 10 COMPLAINT FOR EQUITABLE RELIEF (STATE COURT) against Multi-Housing Tax Credit Partners XXX, filed by Farmhouse Partners Limited Partnership. (MMS)
June 1, 2021 Opinion or Order Filing 9 NOTICE re #1 Notice of Removal from Montana Eighteenth Judicial District Court, Gallatin County (Attachments: #1 Notice of Removal, #2 Transfer Receipt) (MMS) (Additional attachment(s) added on 6/1/2021: #3 Certificate of Service) (MMS).
June 1, 2021 Opinion or Order Remark: Counsel Edward Quigley and Counsel Cathy Moses is now a registered CM/ECF electronic user. (ACC)
May 25, 2021 Opinion or Order Filing 8 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Cathy T. Moses re CM/ECF registration. Letter mailed to Counsel Moses (TLO)
May 25, 2021 Opinion or Order Filing 7 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Edward F. Quigley re CM/ECF registration. Letter mailed to Counsel Quigley (TLO)
May 25, 2021 Opinion or Order Filing 6 ORDER granting #4 Motion to Appear Pro Hac Vice for Attorney Edward F. Quigley and Cathy T. Moses for Multi-Housing Tax Credit Partners XXX. Acknowledgment of PHV Order due by 6/9/2021. Signed by Judge Brian Morris on 5/25/2021. (TLO)
May 25, 2021 Opinion or Order Filing 5 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/1/2021. Joint Discovery Plan due by 7/1/2021. Statement of Stipulated Facts due by 7/1/2021. Telephonic Pretrial Conference set for 7/8/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS, DEADLINES, AND CALL-IN INFORMATION. Signed by Judge Brian Morris on 5/25/2021. (SLR)
May 25, 2021 Opinion or Order Filing 4 MOTION Edward F. Quigley and Cathy T. Moses to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2670164.) (2nd Filing fee of $262 paid, receipt number MTX400015324) David M. Wagner appearing for Defendant Multi-Housing Tax Credit Partners XXX (Attachments: #1 Affidavit Declaration of Edward F. Quigley, #2 Affidavit Declaration of Cathy T. Moses) (Wagner, David) Modified on 5/25/2021 to reflect 2nd PHV fee paid receipt MTX400015324(TLO). Modified on 5/25/2021 to add receipt number (MMS).
May 25, 2021 Opinion or Order Filing 3 Disclosure Statement by Multi-Housing Tax Credit Partners XXX. (Wagner, David)
May 25, 2021 Opinion or Order Filing 2 AFFIDAVIT/DECLARATION re #1 Notice of Removal by Multi-Housing Tax Credit Partners XXX. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit CSC Notice of Service of Process, #3 Exhibit Exercise of GP Option, #4 Exhibit Appraisal Report) (Wagner, David)
May 25, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Defendants from Montana 18th Judicial District Court, Gallatin County, case number DV-21-450 B. (Attachments: #1 Civil Cover Sheet) (TLO)
May 25, 2021 Opinion or Order Filing fee: $402, receipt number 0977-2669918 (TLO)

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Search for this case: Farmhouse Partners Limited Partnership v. Multi-Housing Tax Credit Partners XXX
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Plaintiff: Farmhouse Partners Limited Partnership
Represented By: John L. Amsden
Represented By: Trent M. Gardner
Represented By: Michael G. Black
Represented By: Sydney E. Best
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Defendant: Multi-Housing Tax Credit Partners XXX
Represented By: Edward F. Quigley
Represented By: Cathy T. Moses
Represented By: David M. Wagner
Represented By: Griffin B. Stevens
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