Feeney v. United States of America
| Anne Feeney |
| Butte-Silver Bow Primary Health Care Clinic doing business as Southwest Montana Community Health Center, Jordan Greer and United States of America |
| 2:2021cv00077 |
| 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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Filing 26
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 25 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 24
TEXT ORDER: IT IS HEREBY ORDERED that the motion hearing and preliminary pretrial conference set for November 30, 2021 at 11:00 a.m. will be conducted by ZOOM. The Clerk of Court will provide the parties with the ZOOM link. 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 23 STATEMENT OF STIPULATED FACTS by United States of America. (Lies, Tyson) |
| Filing 22 JOINT DISCOVERY PLAN by United States of America. (Lies, Tyson) |
| Filing 21 PRELIMINARY PRETRIAL STATEMENT by Jordan Greer. (McClung, Deanne) |
| Filing 20 PRELIMINARY PRETRIAL STATEMENT by Anne Feeney. (Vicevich, David) |
| Filing 19 PRELIMINARY PRETRIAL STATEMENT by United States of America. (Lies, Tyson) |
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Filing 18
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 17
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 16 Unopposed MOTION for Leave to Appear by Telephone or VideoConference Deanne McClung appearing for Defendant Jordan Greer (Attachments: #1 Text of Proposed Order) (McClung, Deanne) |
| Remark: With regard to #14 Notice of Acknowledgment of Pro Hac Vice Order, and #15 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 15 NOTICE of Appearance by Deanne McClung on behalf of Jordan Greer (McClung, Deanne) |
| Filing 14 NOTICE of Acknowledgment of Pro Hac Vice Order by Jordan Greer re #12 Order on Motion to Appear Pro Hac Vice, Dated November 9, 2021 (McClung, Deanne) |
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Filing 13
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 11:00 AM in Great Falls, MT before Judge Brian Morris. IT IS ALSO ORDERED that the Preliminary Pretrial Conference is reset for 11/30/2021 at 11:00 AM in Great Falls, MT before Judge Brian Morris.The Preliminary Pretrial Statement, Joint Discovery Plan and Statement of Stipulated Facts are due by 11/24/2021. Signed by Judge Brian Morris on 11/10/2021. (SLL)
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Filing 12
ORDER granting #11 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 11 Unopposed MOTION Deanne McClung to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2764001.) 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 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 01:30 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 Anne Feeney. (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. (MMS) |
| Filing 2 NOTICE re #1 Notice of Removal, Montana Second Judicial Court, case number DV-21-239., consisting of: (Attachments: #1 Case Register, #2 Verification of Complaint, #3 Answer (SouthWest), #4 Notice of United States, #5 Answer (Jordan Greer), #6 Motion for PHV, #7 Order on PHV, #8 Order Approving PHV, #9 Notice of Admission PHV, #10 Certificate of Service, #11 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) (Attachment 3 replaced on 10/15/2021) (APP). |
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