Davis et al v. Stapleton
Plaintiff: Gary Marbut, Tom Harsch, Royal Davis and Teresa Harsch
Defendant: Corey Stapleton
Amicus Curiae: Montana Republican Party
Intervenor Defendant: Ryan Filz, Madeline Neumeyer, Montana Democratic Party and Rebecca Weed
Case Number: 6:2020cv00062
Filed: August 11, 2020
Court: US District Court for the District of Montana
Presiding Judge: Dana L Christensen
Nature of Suit: Civil Rights: Voting
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2020 Filing 33 MANDATE of USCA as to #21 Notice of Interlocutory Appeal filed by Royal Davis. This appeal is dismissed. (HEG)
September 18, 2020 Opinion or Order Filing 32 ORDERED: Plaintiffs Unopposed Motion for Voluntary Dismissal (Doc. 31) is GRANTED. IT IS FURTHER ORDERED that this matter is DISMISSED with prejudice. IT IS FURTHER ORDERED that each party shall bear its own costs and fees. Signed by Judge Dana L. Christensen on 9/18/2020. (HEG)
September 17, 2020 Filing 31 Unopposed MOTION to Dismiss Matthew G. Monforton appearing for Plaintiff Royal Davis (Attachments: #1 Text of Proposed Order) (Monforton, Matthew)
September 8, 2020 Opinion or Order Filing 30 ORDER of USCA as to #21 Notice of Interlocutory Appeal filed by Royal Davis. (HEG)
September 1, 2020 Filing 29 Intervenor-Defendants' ANSWER to #1 Complaint, by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew)
August 21, 2020 Filing 28 NOTICE by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed of Case Status (Attachments: #1 Exhibit A - Montana Supreme Court Order Affirming First District Ruling, #2 Exhibit B - Montana Supreme Court Order Denying Stay) (Gordon, Matthew)
August 21, 2020 Filing 27 NOTICE by Royal Davis Re: Case Status (Monforton, Matthew)
August 21, 2020 Opinion or Order Filing 26 ORDER of USCA as to #21 Notice of Interlocutory Appeal filed by Royal Davis. (JEH)
August 20, 2020 Filing 25 USCA Case Number 20-35734 for #21 Notice of Interlocutory Appeal filed by Royal Davis. (JEH)
August 20, 2020 Opinion or Order Filing 24 ORDER denying #22 emergency motion for injunction pending appeal. Signed by Judge Dana L. Christensen on 8/20/2020. (ASG)
August 20, 2020 Filing 23 Brief/Memorandum in Support re #22 Emergency MOTION for Preliminary Injunction Pending Appeal filed by Royal Davis. (Monforton, Matthew)
August 20, 2020 Filing 22 Emergency MOTION for Preliminary Injunction Pending Appeal Matthew G. Monforton appearing for Plaintiff Royal Davis (Monforton, Matthew)
August 19, 2020 Filing 21 NOTICE OF INTERLOCUTORY APPEAL as to #20 Order on Motion for TRO, by Royal Davis. Filing fee $ 505, receipt number 0977-2529651. (Monforton, Matthew)
August 19, 2020 Opinion or Order Filing 20 ORDERED: Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 3) is DENIED. IT IS FURTHER ORDERED that the parties shall file notices apprising the Court of whether a case or controversy remains in this matter on or before August 21, 2020. A copy of this Order provided to the Clerk of the Montana Supreme Court. Signed by Judge Dana L. Christensen on 8/19/2020. (HEG)
August 18, 2020 Filing 19 RESPONSE to Motion re #12 MOTION to File Amicus Brief and Brief of Amicus The Montana Republican Party Supporting Plaintiffs' Motion for Injunctive Relief filed by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew)
August 18, 2020 Filing 18 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Royal Davis. (Attachments: #1 Exhibit Excerpts of Hearing Transcript) (Monforton, Matthew)
August 17, 2020 Filing 17 AFFIDAVIT/DECLARATION re #16 Response to Motion for Temporary Restraining Order and Preliminary Injunction by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Attachments: #1 Exhibit A - Findings of Fact and Conclusions of Law in State Court Action, #2 Exhibit B - Facebook Post from Montana Green Party, #3 Exhibit C - Secretary of State's Brief in Response to Motion to Intervene in State Court Action, #4 Exhibit D - Montana Republican Party's Reply Brief to Motion to Intervene in State Court Action, #5 Exhibit E - Affidavit of Royal Aubrey Davis in State Court Action, #6 Exhibit F - Affidavit of Gary Marbut in State Court Action, #7 Exhibit G - Gary Marbut's Untimely Motion to Intervene in State Court Action) (Gordon, Matthew)
August 17, 2020 Filing 16 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Ryan Filz, Montana Democratic Party, Madeline Neumeyer, Rebecca Weed. (Gordon, Matthew)
August 17, 2020 Filing 15 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Corey Stapelton (James, Austin) Modified on 8/17/2020 to correct attorney representation as to Corey Stapleton (HEG).
August 17, 2020 Filing 14 NOTICE of Appearance by Austin M. James on behalf Corey Stapleton (James, Austin) Modified on 8/17/2020 to correct attorney representation as to Corey Stapleton (HEG).
August 17, 2020 Opinion or Order Filing 13 ORDER granting #12 Motion to File Amicus Brief. IT IS FURTHER ORDERED that any party opposed to the arguments presented in MTGOPs amicus brief may file a response on or before August 18, 2020. Signed by Judge Dana L. Christensen on 8/17/2020. (HEG)
August 17, 2020 Filing 12 MOTION to File Amicus Brief Anita Y. Milanovich appearing for Amicus Montana Republican Party (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Appendix Appendix to Proposed Amicus Brief) (Milanovich, Anita)
August 14, 2020 Opinion or Order Filing 11 ORDER granting #8 Motion to Intervene. Intervenor-Defendants shall file a response to Plaintiffs motion for a temporary restraining order on or before August 17, 2020.IT IS FURTHER ORDERED that Plaintiffs may file an optional reply brief on or before August 18, 2020. Signed by Judge Dana L. Christensen on 8/14/2020. (HEG)
August 14, 2020 Filing 10 RESPONSE to Motion re #8 MOTION to Intervene (Plaintiffs' Withdrawal of Objection to Intervention) filed by Royal Davis. (Monforton, Matthew)
August 13, 2020 Filing 9 Brief/Memorandum in Support re #8 MOTION to Intervene filed by Montana Democratic Party, Ryan Filz, Madeline Neumeyer, Rebecca Weed. (Attachments: #1 Corporate Disclosure Statement, #2 Proposed Answer) (HEG)
August 13, 2020 Filing 8 EMERGENCY MOTION TO INTERVENE AS DEFENDANTS. Peter M. Meloy appearing for Interested Parties Montana Democratic Party, Ryan Filz, Madeline Neumeyer, Rebecca Weed. (HEG)
August 13, 2020 Filing 7 AFFIDAVIT of Service for Scheduling Order served on Secretary of State on Aug 13, 2020, filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Attachments: #1 Exhibit) (Monforton, Matthew)
August 12, 2020 Opinion or Order Filing 6 ORDER: Defendant shall file a response on or before August 17, 2020 to the motion for temporary restraining order and preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs shall serve this Order upon Defendant. Signed by Judge Dana L. Christensen on 8/12/2020. (ASG)
August 11, 2020 Filing 5 AFFIDAVIT of Service for Complaint, Summons, Mtn for TRO-Prel Inj, Brf in Support served on Secretary of State on Aug 11, 2020, filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Monforton, Matthew)
August 11, 2020 Filing 4 Brief/Memorandum in Support re #3 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut. (Monforton, Matthew)
August 11, 2020 Filing 3 MOTION for Temporary Restraining Order And Preliminary Injunction Matthew G. Monforton appearing for Plaintiffs Royal Davis, Teresa Harsch, Tom Harsch, Gary Marbut (Monforton, Matthew)
August 11, 2020 Filing 2 Summons Issued as to Corey Stapleton. Copy emailed to counsel for service. (HEG)
August 11, 2020 Filing 1 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Corey Stapleton,filed by Royal Davis, Gary Marbut, Teresa Harsch, Tom Harsch. (Attachments: #1 Ex 1 Green Party Ballot, #2 Ex 2 Voter Instructions, #3 Ex 3 State Complaint, #4 Ex 4 State Court Order, #5 Civil Cover Sheet) (HEG)
August 11, 2020 Filing fee: $ 400, receipt number 0977-2525080 (HEG)

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Plaintiff: Gary Marbut
Represented By: Matthew G. Monforton
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Plaintiff: Tom Harsch
Represented By: Matthew G. Monforton
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Plaintiff: Royal Davis
Represented By: Matthew G. Monforton
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Plaintiff: Teresa Harsch
Represented By: Matthew G. Monforton
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Defendant: Corey Stapleton
Represented By: Austin M. James
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Amicus curiae: Montana Republican Party
Represented By: Anita Y. Milanovich
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Intervenor defendant: Ryan Filz
Represented By: Matthew P. Gordon
Represented By: Peter M. Meloy
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Intervenor defendant: Madeline Neumeyer
Represented By: Matthew P. Gordon
Represented By: Peter M. Meloy
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Intervenor defendant: Montana Democratic Party
Represented By: Matthew P. Gordon
Represented By: Peter M. Meloy
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Intervenor defendant: Rebecca Weed
Represented By: Matthew P. Gordon
Represented By: Peter M. Meloy
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