THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA et al v. Knudsen et al
| THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, ADRIA JAWORT, RACHEL CORCORAN, MONTANA BOOK COMPANY, IMAGINE BREWING COMPANY, LLC doing business as IMAGINE NATION BREWING COMPANY, BUMBLEBEE AERIAL FITNESS, THE WESTERN MONTANA COMMUNITY CENTER, THE GREAT FALLS LGBTQ+ CENTER, THE MYRNA LOY, Montana Pride and The Roxy Theater |
| Austin Knudsen, Elsie Arntzen, J.P. Gallagher and The City of Helena |
| 2:2023cv00050 |
| July 7, 2023 |
| US District Court for the District of Montana |
| Brian Morris |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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Filing 27
IT IS ORDERED:Parties shall submit simultaneous briefing in support of Defendants Knudsens, Arntzens, and Gallaghers right to jury trial, in 42 U.S.C. 1983 litigation and litigation arising from the First and Fifth Amendment of the U.S. Constitution as incorporated by the Fourteenth Amendment, on or before September 11, 2023. Signed by Judge Brian Morris on 9/4/2023. (SLL)
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Filing 26
MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 8/28/2023 re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MONTANA BOOK COMPANY, RACHEL CORCORAN, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE WESTERN MONTANA COMMUNITY CENTER, BUMBLEBEE AERIAL FITNESS, ADRIA JAWORT, THE GREAT FALLS LGBTQ+ CENTER, THE MYRNA LOY, IMAGINE BREWING COMPANY, LLC. Present in the courtroom for the Plaintiffs are Constance Van Kley, Niki Zupanic and Rylee Summers-Flanagan, Michael Russel for State of Montana Defendants Austin Knudsen and Elise Arntzen, Rebecca Dockter for Defendant City of Helena and Cynthia Walker for Defendant J.P. Gallagher. Parties are advised of the purpose of todays hearing. Arguments are heard by Van Kley and Russell. Counsel Dockter and Walker heard briefly only as to their positions regarding the defendants they represent and state they are not part of the preliminary injunction relief being sought. The matter is deemed submitted. The Court will review the jury demand and get back to the parties as to the next step. Recess. Hearing commenced at 2:32 and concluded at 3:48. (Court Reporter Yvette Heinze.) (Law Clerk: T. Devine), (Hearing held in Helena) (HEG)
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Filing 25
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Zupanic, Niki)
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Filing 24
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)
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Terminate Deadlines as to #4 Response ddl; hearing has been set. (ACC)
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Filing 23
ANSWER to #3 Amended Complaint, by The City of Helena. (Dockter, Rebecca)
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Filing 22
State Defendants' ANSWER to #3 Amended Complaint with Jury Demand by Elsie Arntzen, Austin Knudsen. (Lansing, Alwyn) Modified on 8/10/2023 to add link(ACC).
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Filing 21
ANSWER to #3 Amended Complaint, by J.P. Gallagher. (Walker, Cynthia)
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Filing 20
AFFIDAVIT/DECLARATION re #18 Response to Motion for Peliminary Injunction by J.P. Gallagher. (Attachments: #1 Exhibit A. Legal Notice and Litigation Hold Letter) (Walker, Cynthia)
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Filing 19
AFFIDAVIT/DECLARATION re #18 Response to Motion for Peliminary Injunction by J.P. Gallagher. (Attachments: #1 Exhibit A. Twitter Post, #2 Exhibit B. Social Media Group Chat, #3 Exhibit C. Letter to Ms. Jawort) (Walker, Cynthia)
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Filing 18
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by J.P. Gallagher. (Walker, Cynthia)
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Filing 17
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Elsie Arntzen, Austin Knudsen. (Russell, Michael)
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply re #15 Amended MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. State Defendants' Response is now due August 2, 2023. Signed by Judge Brian Morris on 7/31/2023. (MMS)
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Filing 15
Amended MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. Michael Russell appearing for Defendants Elsie Arntzen, Austin Knudsen. (Attachments: #1 Text of Proposed Order Proposed Order) (Russell, Michael)
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Filing 14
First MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. Michael Russell appearing for Defendants Elsie Arntzen, Austin Knudsen. (Attachments: #1 Text of Proposed Order Proposed Order) (Russell, Michael)
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Motion Hearing set for 8/28/2023 at 02:30 PM in Helena, MT before Judge Brian Morris. (MMS)
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Filing 13
ORDER: Plaintiffs' Motion #4 is hereby GRANTED, in part, and DEFERRED, in part. The Court will GRANT Plaintiffs' request for a TRO only. Defendants Knudsen and Arntzen are hereby ENJOINED from enforcing H.B. 359 pending the Court's determination of Plaintiff's entitlement to a preliminary injunction. Signed by Judge Brian Morris on 7/28/2023. (MMS)
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Filing 12
MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 7/26/2023 re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MONTANA BOOK COMPANY, RACHEL CORCORAN, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE WESTERN MONTANA COMMUNITY CENTER, BUMBLEBEE AERIAL FITNESS, ADRIA JAWORT, THE GREAT FALLS LGBTQ+ CENTER, THE MYRNA LOY, IMAGINE BREWING COMPANY, LLC. Present in the courtroom for the Plaintiffs are Constance Van Kley, Niki Zupanic and Rylee Summers-Flanagan; Thane Johnson and Michael Russel for Defendants Austin Knudsen and Elise Arntzen; Rebecca Dockter for Defendant City of Helena and Cynthia Walker for Defendant J.P. Gallagher. Arguments are heard by Van Kley, Johnson and Dockter. The TRO matter is deemed submitted and an order will be issued as soon as possible. The parties are to file their responses and replies to the motion for preliminary injunction. The Court will hear arguments on the motion on August 28th at 2:30 pm in Helena. Court is in Recess. Hearing commenced at 2:01 and concluded at 3:52, ( Motion Hearing set for 8/28/2023 at 02:30 PM in Helena, MT before Judge Brian Morris.). (Court Reporter Kim Marchwick.) (Law Clerk: E. Hodges and L. Love), (Hearing held in Helena) (HEG)
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Filing 11
NOTICE of Appearance by Cynthia L. Walker on behalf of J.P. Gallagher (Walker, Cynthia)
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Filing 10
RESPONSE to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The City of Helena. (Dockter, Rebecca)
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Filing 9
NOTICE of Appearance by Rebecca Dockter on behalf of The City of Helena (Dockter, Rebecca)
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Filing 8
NOTICE by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater re #7 Order Setting (Van Kley, Constance)
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Filing 7
Order Setting: Hearing set for 7/26/2023 at 02:00 PM in Helena, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/19/2023. (KAH) Modified on 7/19/2023 Kim Marchwick to report (HEG).
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Filing 6
Summons Issued as to The City of Helena. Issued summons may be downloaded and printed by counsel for service. (ACC)
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Filing 5
Brief/Memorandum in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER. (Attachments: #1 Exhibit 1, HB 359, #2 Exhibit 2, Jawort Decl., #3 Exhibit 3, Smith Decl., #4 Exhibit 4, Malecek Decl., #5 Exhibit 5, Steinberg Decl., #6 Exhibit 6, Holmes Decl., #7 Exhibit 7, Rice Decl., #8 Exhibit 8, Halverson Decl., #9 Exhibit 9, Hamm Decl., #10 Exhibit 10, Corcoran Decl.) (Van Kley, Constance)
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Filing 4
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction . Constance Van Kley appearing for Plaintiffs BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER. (Van Kley, Constance) Modified on 7/31/2023 (MMS).
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Filing 3
AMENDED COMPLAINT against All Defendants, filed by THE WESTERN MONTANA COMMUNITY CENTER, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, BUMBLEBEE AERIAL FITNESS, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE GREAT FALLS LGBTQ+ CENTER, MONTANA BOOK COMPANY, ADRIA JAWORT. (Attachments: #1 Exhibit 1 - HB 359, #2 Summons: City of Helena) (Van Kley, Constance)
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Filing 2
Summonses Issued as to Elsie Arntzen, J.P. Gallagher, Austin Knudsen. Issued summons may be downloaded and printed by counsel for service. (Attachments: #1 Summons Issued Knudsen, #2 Summons Issued Gallagher) (TLO)
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Filing 1
COMPLAINT against All Defendants, filed by THE WESTERN MONTANA COMMUNITY CENTER, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, BUMBLEBEE AERIAL FITNESS, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE GREAT FALLS LGBTQ+ CENTER, MONTANA BOOK COMPANY, ADRIA JAWORT. (Attachments: #1 Civil Cover Sheet, #2 Knudsen Summons, #3 Arntzen Summons, #4 Gallagher Summons) (TLO)
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Filing fee: $402, receipt number AMTDC-3094973 (TLO)
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