Lake County Inmates v. Lake County Jail
Plaintiff: Lake County Inmates
Defendant: Lake County Jail and Greg Gianforte
In Re: Conditions at Lake County Jail
Case Number: 9:2022cv00127
Filed: July 19, 2022
Court: US District Court for the District of Montana
Office: Missoula Office
Presiding Judge: Donald W Molloy
Nature of Suit: Prisoner Petitions (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2022 Opinion or Order Filing 32 ORDER. Account statements from plaintiffs Garza and Whitford due 9/27/22. Signed by Judge Donald W. Molloy on 9/16/2022. (TAG)
September 16, 2022 Opinion or Order Filing 31 ORDER. Complaints in enumerated cases consolidated with others in master docket. Tim Bechtold appointed as counsel. Signed by Judge Donald W. Molloy on 9/16/2022. (TAG)
September 15, 2022 Filing 30 REPLY to Response to Motion re #9 MOTION to Certify Class Reply to Response filed by Defendant Gianforte filed by Lake County Inmates. (Van Kley, Constance)
September 12, 2022 Filing 29 RESPONSE to Motion re #9 MOTION to Certify Class filed by Greg Gianforte. (Attachments: #1 Exhibit 1 Current Inmate Charges Detail Report) (Smith, Leonard)
September 8, 2022 Filing 28 Brief/Memorandum in Support re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Greg Gianforte. (Smith, Leonard)
September 8, 2022 Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Leonard H. Smith appearing for Defendant Greg Gianforte, Cross Defendant Greg Gianforte (Smith, Leonard)
September 1, 2022 Filing 26 REPLY to Response to Motion re #9 MOTION to Certify Class filed by Lake County Inmates. (Attachments: #1 Lake County's Response to Plaintiffs' First Discovery Requests) (Van Kley, Constance) (Modified to seal attachment due to personal identifiers.) (NOS)
August 24, 2022 Opinion or Order Filing 25 ORDER granting #23 Motion for Extension of Time by Greg Gianforte. Response to #9 MOTION to Certify Class due by 9/12/2022; answer due by 9/8/2022. Signed by Judge Donald W. Molloy on 8/24/2022. (TAG)
August 23, 2022 Opinion or Order Filing 24 ORDER re CV 22-135-M-DWM. Signed by Judge Donald W. Molloy on 8/23/2022. (TAG)
August 22, 2022 Filing 23 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Certify Class , MOTION for Extension of Time to File Answer re #8 Amended Complaint Anita Y. Milanovich appearing for Defendant Greg Gianforte (Attachments: #1 Exhibit Ex. A: Gianforte Summons, #2 Exhibit Ex. B: Attorney General Letter and Summons, #3 Text of Proposed Order Proposed Order) (Milanovich, Anita)
August 19, 2022 Filing 22 NOTICE by Lake County Inmates re #5 Order (Attachments: #1 21-cv-123-M-DWM, James Elverud, #2 22-cv-37-M-DWM, Amiel Gardipe, #3 22-cv-49-M-DWM, Seth Williams, #4 22-cv-106-M-DWM, Dolly Zambrana, #5 22-cv-25-M-DWM, Joseph Brown, #6 22-cv-31-M-DWM, Isaac Fleming) (Van Kley, Constance)
August 18, 2022 Filing 21 Defendant Lake County's ANSWER to #8 Amended Complaint , First CROSSCLAIM against Lake County Jail by Lake County Jail. (Heiling, Marisa)
August 18, 2022 Filing 20 RESPONSE to Motion re #9 MOTION to Certify Class filed by Lake County Jail. (Attachments: #1 Affidavit Declaration of Parker Streets, #2 Affidavit Declaration of Commander Joel Shearer) (Lukes, Robert)
August 11, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to File. Defendants shall file both the response and answer no later than August 18, 2022. Signed by Judge Donald W. Molloy on 8/11/2022. (NOS)
August 10, 2022 Filing 18 Unopposed MOTION for Extension of Time to File Response Brief and Answer Robert C. Lukes appearing for Defendant Lake County Jail (Attachments: #1 Text of Proposed Order) (Lukes, Robert)
August 9, 2022 Filing 17 NOTICE of Acknowledgment of Pro Hac Vice Order by Lake County Jail re #15 Order on Motion to Appear Pro Hac Vice,,, (Brueggen, David)
August 9, 2022 Filing 16 NOTICE of Acknowledgment of Pro Hac Vice Order by Lake County Jail re #15 Order on Motion to Appear Pro Hac Vice,,, (Kivetz, Jeffrey)
August 4, 2022 Opinion or Order Filing 15 ORDER granting #13 , #14 Motions to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due within 15 days of Order. Signed by Judge Donald W. Molloy on 8/4/2022. (TAG)
August 2, 2022 Filing 14 Unopposed MOTION David A. Brueggen to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2912469.) Robert C. Lukes appearing for In Re Conditions at Lake County Jail (Attachments: #1 Affidavit Certification Under MRPC 8.5, #2 Affidavit In Support of PHV Admission, #3 Text of Proposed Order) (Lukes, Robert)
August 2, 2022 Filing 13 Unopposed MOTION Jeffrey R. Kivetz to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2912434.) Robert C. Lukes appearing for In Re Conditions at Lake County Jail (Attachments: #1 Affidavit Certification under MRPC 8.5, #2 Affidavit In Support of PHV Admission, #3 Text of Proposed Order) (Lukes, Robert)
August 1, 2022 Opinion or Order Filing 12 ORDER setting hearing on #9 MOTION to Certify Class: Motion Hearing set for 9/20/2022 at 9:00 a.m. in the Russell Smith Courthouse in Missoula, Montana. Each side will be given up to thirty minutes for argument. Signed by Judge Donald W. Molloy on 8/1/2022. (NOS)
July 29, 2022 Filing 11 Summons Issued as to Greg Gianforte, Montana Attorney General. (Attachments: #1 Summons) (TAG)
July 28, 2022 Filing 10 Brief/Memorandum in Support re #9 MOTION to Certify Class filed by Lake County Inmates. (Attachments: #1 Exhibit Lozeau Complaint, #2 Exhibit Lozeau Consent Decree, #3 Exhibit Plaintiffs' First Discovery Requests, #4 Exhibit Lake County Jail Roster) (Van Kley, Constance)
July 28, 2022 Filing 9 MOTION to Certify Class Constance Van Kley appearing for Plaintiff Lake County Inmates (Van Kley, Constance)
July 28, 2022 Filing 8 AMENDED COMPLAINT against All Defendants, filed by Lake County Inmates. (Attachments: #1 Summons: Governor, #2 Summons: Attorney General) (Van Kley, Constance)
July 26, 2022 Filing 7 NOTICE by Lake County Jail Notice Regarding No Stipulated Class Certification (Lukes, Robert)
July 22, 2022 Filing 6 NOTICE of Withdrawal of Counsel: Jason Collins withdrawing from the case, filed by Lake County Jail (Heiling, Marisa)
July 19, 2022 Opinion or Order Filing 5 ORDER. IT IS ORDERED, by August 19, 2022, Plaintiff's counsel is directed to file account statements for the plaintiffs in the cases in Attachment A. Signed by Judge Donald W. Molloy on 7/19/2022. (Attachments: #1 Attachment A) (NOS)
July 19, 2022 Opinion or Order Filing 4 SCHEDULING ORDER: Class Stipulation or Notice due 7/28/2022. Amended Pleadings due by 9/15/2022. Discovery due by 4/28/2023. Motions due by 7/7/2023. Proposed Pretrial Order due by 10/19/2023. Final Pretrial Conference and Bench Trial set for November 6, 2023, at 9:00 a.m. in the Russell Smith Federal Courthouse, Missoula, Montana. Signed by Judge Donald W. Molloy on 7/19/2022. (NOS)
July 19, 2022 Filing 3 ANSWER to #2 Complaint with Jury Demand by Lake County Jail. (NOS)
July 19, 2022 Filing 2 Consolidated Class Action COMPLAINT and Jury Demand against Lake County Jail filed by Lake County Inmates. (NOS)
July 19, 2022 Opinion or Order Filing 1 ORDER. IT IS ORDERED that the cases listed in Attachment A are consolidated for pretrial proceedings, discovery, and bench trial on the plaintiffs' consolidated claims for declaratory and injunctive relief associated with the conditions of confinement at Lake County Jail in Polson, Montana. This case will act as a "Master Docket." Signed by Judge Donald W. Molloy on 7/19/2022. (Attachments: #1 Attachment A) (NOS)

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In re: Conditions at Lake County Jail
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Plaintiff: Lake County Inmates
Represented By: Timothy M. Bechtold
Represented By: Constance Van Kley
Represented By: Rylee K. Sommers-Flanagan
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Defendant: Lake County Jail
Represented By: Robert C. Lukes
Represented By: Jason Collins
Represented By: Marisa Lee Heiling
Represented By: David Brueggen
Represented By: Jeffrey Robert Kivetz
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Defendant: Greg Gianforte
Represented By: Anita Y. Milanovich
Represented By: Leonard H. Smith
Represented By: William M. Morris
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