Jones v. United States of America
| Charity Jones |
| Butte-Silver Bow Primary Health Care Clinic doing business as Southwest Montana Community Health Center, Jordan Greer and United States of America |
| 2:2021cv00076 |
| October 15, 2021 |
| US District Court for the District of Montana |
| Brian Morris |
| P.I.: Other |
| 28 U.S.C. § 1346 |
| None |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER: IT IS ORDERED: 1) The United States' #7 Motion to Dismiss is GRANTED. Plaintiff's claims against the United States of America are DISMISSED without prejudice. 2) This action is STAYED until January 30, 2022. 3) Parties are to report back on January 30, 2022 as to the status of the administrative proceeding. Signed by Judge Brian Morris on 12/1/2021. (SLR)
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| Filing 26 MINUTE ENTRY for MOTION HEARING held 11/30/2021 (NOT COMPLETED): Counsel Lawrence Henke appearing on behalf of Plaintiff; Counsel Deanne McClung and Brian Taylor appearing on behalf of Defendant Greer; and, Counsel Tyson Lies appearing on behalf of Defendant United States of America. All parties appearing via ZOOM. This hearing is with regard to Defendant United States of Americas #7 Motion to Dismiss for Lack of Jurisdiction. Court has granted the Federal Governments #5 Motion to Substitute the United States as the proper Defendant in this matter. Court believes it lacks jurisdiction over the claims against the United States due to the Plaintiffs failure to exhaust its administrative remedies. Parties w/response. Court will grant an Order dismissing those claims without prejudice subject to them being refiled following the conclusion of the administrative proceedings. This matter is stayed for 60 days. Parties are to report back on 1/30/22 as to the status of the administrative proceeding. Hearing commenced at 10:10 a.m. and concluded at 10:18 a.m. (Court Reporter Y. Heinze.) (Law Clerk: C. Clevidence), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) |
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Filing 25
TEXT ORDER: IT IS HEREBY ORDERED that the motion hearing and preliminary pretrial conference set for November 30, 2021 at 10:00 a.m. will be conducted by ZOOM. The Clerk of Court will e-mail the ZOOM link to the parties. Signed by Judge Brian Morris on 11/29/2021. (SLL) Modified on 11/29/2021 to reflect ZOOM information emailed to all counsel of record. (SLR).
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| Filing 24 STATEMENT OF STIPULATED FACTS by United States of America. (Lies, Tyson) |
| Filing 23 JOINT DISCOVERY PLAN by United States of America. (Lies, Tyson) |
| Filing 22 PRELIMINARY PRETRIAL STATEMENT by Jordan Greer. (McClung, Deanne) |
| Filing 21 PRELIMINARY PRETRIAL STATEMENT by United States of America. (Lies, Tyson) |
| Filing 20 PRELIMINARY PRETRIAL STATEMENT by Charity Jones. (Vicevich, David) |
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Filing 19
ORDER: Upon Defendant's #5 Motion to Substitute, and with good cause shown,, IT IS HEREBY ORDERED that the motion is GRANTED. The United States of America will be substituted as the Defendant in the above matter. Signed by Judge Brian Morris on 11/23/2021. (ACC)
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Filing 18
ORDER: IT IS ORDERED: Dr. Greers counsel, Deanne McClung and Brian Taylor, are granted leave to attend the Hearing scheduled for November 30, 2021, at 10:00 a.m. by ZOOM. Dr. Greer's counsel will contact the Clerk of Court for the ZOOM link. Signed by Judge Brian Morris on 11/17/2021. (SLR) Modified on 11/29/2021 to reflect Zoom information was emailed this date to Counsel McClung and Counsel Taylor. (SLR).
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| Filing 17 Unopposed MOTION for Leave to Appear by Telephone or VideoConference Deanne McClung appearing for Defendant Jordan Greer (Attachments: #1 Text of Proposed Order Unopposed Motion for Counsel to Appear by Telephone or Video Conference) (McClung, Deanne) |
| Remark: With regard to #15 Notice of Acknowledgment of Pro Hac Vice Order, and #16 Notice of Appearance, all counsel are reminded that pursuant to L.R. 11.1(d), "Only a judge, a registered user, the clerk of court, a court reporter, or deputy clerks of court may use the /s/ signature form, and, except as provided by L.R. 11.2(a)(1), only when signing the document as the filer and filing electronically. All other signatures, including those on any affidavit, must be hand signatures." This is for future reference; the documents do NOT need to be refiled. Thank you. (SLR) |
| Filing 16 NOTICE of Appearance by Deanne McClung on behalf of Jordan Greer (McClung, Deanne) |
| Filing 15 NOTICE of Acknowledgment of Pro Hac Vice Order by Jordan Greer re #13 Order on Motion to Appear Pro Hac Vice, Dated November 9, 2021 (McClung, Deanne) |
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Filing 14
TEXT Order Resetting: IT IS HEREBY ORDERED that the PRELIMINARY PRETRIAL CONFERENCE is reset for 11/30/2021 at 10:00 AM, the same date and time as the motion hearing, in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 11/10/2021. (SLL)
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Filing 13
ORDER granting #12 Motion to Appear Pro Hac Vice for Attorney Deanne McClung for Jordan Greer. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/24/2021. Signed by Judge Brian Morris on 11/9/2021. (TLO)
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| Filing 12 Unopposed MOTION Deanne McClung to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2764021.) Brian L. Taylor appearing for Defendant Jordan Greer (Attachments: #1 Exhibit A - Affidavit of Deanne McClung, #2 Pro Hac Vice Certification, #3 Text of Proposed Order) (Taylor, Brian) |
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Filing 11
TEXT ORDER Setting Hearing on Motion #5 MOTION to Substitute Party United States for Defendant Butte-Silver Bow Primary Health Care Clinic, #7 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/30/2021 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 11/8/2021. (SLL)
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Filing 10
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 12/8/2021. Joint Discovery Plan due by 12/8/2021. Statement of Stipulated Facts due by 12/8/2021. Telephonic Pretrial Conference set for 12/15/2021 at 02:00 PM before Judge Brian Morris. Signed by Judge Brian Morris on 10/28/2021. **See Order for full details** (ACC)
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| Filing 9 RESPONSE to Motion re #5 MOTION to Substitute Party United States for Defendant Butte-Silver Bow Primary Health Care Clinic (Non-Opposition) filed by Charity Jones. (Vicevich, David) |
| Filing 8 Brief/Memorandum in Support re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Butte-Silver Bow Primary Health Care Clinic. (Attachments: #1 Exhibit A: Declaration of Meredith Torres) (Lies, Tyson) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction Tyson M. Lies appearing for Defendant Butte-Silver Bow Primary Health Care Clinic (Lies, Tyson) |
| Filing 6 Brief/Memorandum in Support re #5 MOTION to Substitute Party United States for Defendant Butte-Silver Bow Primary Health Care Clinic filed by Butte-Silver Bow Primary Health Care Clinic. (Lies, Tyson) |
| Filing 5 MOTION to Substitute Party United States for Defendant Butte-Silver Bow Primary Health Care Clinic Tyson M. Lies appearing for Defendant Butte-Silver Bow Primary Health Care Clinic (Lies, Tyson) |
| Filing 4 Remark: Original State Court Documents sent electronically, no originals maintained by this Court. (MMS) |
| Filing 3 COMPLAINT AND DEMAND FOR JURY TRIAL (STATE COURT) against All Defendants, filed by Charity Jones. (MMS) |
| Filing 2 NOTICE re #1 Notice of Removal, from Montana Second Judicial Court, case number DV-21-239, consisting of: (Attachments: #1 Case Register, #2 Notice of United States, #3 Answer By Southwest, #4 Answer by Jordan Greer, #5 Motion for PHV, #6 Order Approving PHV, #7 Certificate of Service, #8 Certificate of Removal) (MMS) |
| Filing 1 NOTICE OF REMOVAL by Butte-Silver Bow Primary Health Care Clinic from Montana Second Judicial Court, case number DV-21-239. (Attachments: #1 Exh. 1 - Summons and Complaint, #2 Exh. 2 - Certification of Scope of Employment, #3 Civil Cover Sheet) (TLO) |
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