Disability Rights Montana, Inc. v. Opper

Disability Rights Montana, Inc. v. Opper

Disability Rights Montana, Inc. v. Opper

Disability Rights Montana, Inc. v. Opper

Disability Rights Montana, Inc. v. Opper

Disability Rights Montana v. Batista

U. S. Court of Appeals for the Ninth Circuit

930 F.3d 1090

COMPLAINT against Disability Rights Montana, filed by Disability Rights Montana. (Attachments: # 1 Civil Cover Sheet) (ELL, ) (Entered: 03/31/2014)

1 Civil Cover Sheet

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Summons Issued as to Mike Batista, Jill Buck, Peter Edwards, John Glueckert, Leroy Kirkegaard, Richard Opper, Cathy Redfern. (Originals mailed to cnsl for service) (ELL, ) (Entered: 03/31/2014)

Corporate Disclosure Statement by Disability Rights Montana. (Gray, Kyle) (Entered: 03/31/2014)

Filing fee: $ 400.00, receipt number 0977-1383631 (ELL, )

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Richard Opper waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 04/29/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. John Glueckert waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 04/29/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Leroy Kirkegaard waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Jill Buck waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Peter Edwards waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Cathy Redfern waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

WAIVER OF SERVICE Returned Executed by Disability Rights Montana. Mike Batista waiver sent on 4/2/2014, answer due 6/2/2014. (Gray, Kyle) (Entered: 05/06/2014)

Unopposed MOTION Jeffrey A. Simmons to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900007224.) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Exhibit Affidavit of Jeffrey A. Simmons, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 05/20/2014)

1 Exhibit Affidavit of Jeffrey A. Simmons

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2 Exhibit Proposed Order

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Unopposed MOTION Tammy H. Boggs to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900007224.) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Exhibit Affidavit of Tammy H. Boggs, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 05/20/2014)

1 Exhibit Affidavit of Tammy H. Boggs

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2 Exhibit Proposed Order

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ORDER granting 11 Motion to Appear Pro Hac Vice for atty Jeffrey A. Simmons. Signed by Judge Sam E Haddon on 5/21/2014. (ELL, ) (Entered: 05/21/2014)

ORDER granting 12 Motion to Appear Pro Hac Vice for atty Tammy H. Boggs. Signed by Judge Sam E Haddon on 5/21/2014. (ELL, ) (Entered: 05/21/2014)

Letter to atty Boggs re ECF Registration (Attachments: # 1 Letter to atty Simmons re ECF Registration) (ELL, ) (Entered: 05/21/2014)

1 Letter to atty Simmons re ECF Registration

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Joint ANSWER to 1 Complaint by Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern. (Crowley, William) (Entered: 06/02/2014)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 06/02/2014)

Brief/Memorandum in Support re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Attachments: # 1 Appendix Appendix I: Fact Excerpts re Opper n Glueckert, # 2 Exhibit Exhibit A: DPHHS Website printout, # 3 Exhibit DPHHS Press Release) (Kohman, Paulette) (Entered: 06/02/2014)

1 Appendix Appendix I: Fact Excerpts re Opper n Glueckert

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2 Exhibit Exhibit A: DPHHS Website printout

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3 Exhibit DPHHS Press Release

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Remark: phv counsel T. Boggs is now a registered user and will receive electronic notices in this matter and for the Dist of MT. (DED, )

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana re 14 Order on Motion to Appear Pro Hac Vice and Acceptance of Admission by Tammy Boggs (Boggs, Tammy) (Entered: 06/04/2014)

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana (Simmons, Jeffrey) (Entered: 06/05/2014)

RESPONSE to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 06/23/2014)

NOTICE of Appearance by James Park Taylor on behalf of All Plaintiffs (Taylor, James) (Entered: 06/30/2014)

NOTICE of Change of Address by Anna C. Conley (Conley, Anna) (Entered: 07/01/2014)

REPLY to Response to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/07/2014)

NOTICE of Appearance by Jon E. Ellingson on behalf of All Plaintiffs (Ellingson, Jon) (Entered: 07/10/2014)

MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 07/15/2014)

Brief/Memorandum in Support re 26 MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/15/2014)

ORDER Setting Hearing on Motion 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : GENA EALES CONTRACTED TO REPORT, Motion Hearing set for 7/23/2014 at 01:00 PM in Butte, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 7/15/2014. (HEG, ) Modified on 7/17/2014 to add court reporter information (ELL, ). (Entered: 07/15/2014)

ORDER granting in part and denying in part 26 Motion to Strike. Pla shall have to and incl 7/22/14 in which to file a sur-reply brief directed to the issue of Eleventh Amendment sovereign immunity. Signed by Judge Sam E Haddon on 7/16/2014. (ELL, ) (Entered: 07/16/2014)

RESPONSE to Motion re 26 MOTION to Strike Defendants Richard Opper And John Glueckerts Argument Regarding Eleventh Amendment Defense, Or Alternatively For Leave To File A Sur-Reply In Response Thereto filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/16/2014)

REPLY to Response to Motion re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Sur-Reply Brief filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/21/2014)

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 7/23/2014 re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. Present in courtroom are Paulette Kohman for dft Opper and Glueckert. Jeffrey Simmons and James Taylor for Pla Disability Rights Montana. Stmts by Kohman and Simmons. Court will take the matter under advisement. Hearing commenced at 1:00 p.m. and concluded at 2:15 p.m.. (Court Reporter Gena Eales.) (Law Clerk: Bryan Dake), (Hearing held in Butte, Montana) (ELL, ) (Entered: 07/23/2014)

ORDER. Count I of the Complaint against Defendants Opper and Glueckert is dismissed. Signed by Judge Sam E Haddon on 7/24/2014. (ELL, ) (Entered: 07/24/2014)

PRELIMINARY PRETRIAL CONFERENCE ORDER. Preliminary Pretrial Statement due by 9/5/2014. Joint Discovery Plan due by 9/5/2014. Pretrial Conference set for 9/16/2014 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/4/2014. (APP, ) (Entered: 08/04/2014)

STATEMENT OF STIPULATED FACTS by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

JOINT DISCOVERY PLAN by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

PRELIMINARY PRETRIAL STATEMENT by Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern. (Crowley, William) (Entered: 09/05/2014)

PRELIMINARY PRETRIAL STATEMENT by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/05/2014)

NOTICE of Appearance by Colleen E. Ambrose on behalf of Mike Batista, Jill Buck, Peter Edwards, Leroy Kirkegaard, Cathy Redfern (Ambrose, Colleen) (Entered: 09/09/2014)

SCHEDULING ORDER: Status Conference by Telephone set for 2/16/2016 at 11:00 AM in Helena, MT before Judge Sam E Haddon. Amended Pleadings due by 10/31/2014. Discovery due by 12/4/2015. Joinder of Parties due by 10/31/2014. Motions due by 1/22/2016. Proposed Pretrial Order due by 4/1/2016. Signed by Judge Sam E Haddon on 9/16/2014. (ELL, ) (Entered: 09/16/2014)

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Initial Pretrial Conference held on 9/16/2014. (LJF, Lisa)

STIPULATION for Protective Order by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/15/2014)

AMENDED COMPLAINT against Mike Batista, John Glueckert, Leroy Kirkegaard, Richard Opper, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 10/31/2014)

Unopposed MOTION for Extension of Time to File Response to First Amended Complaint Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Attachments: # 1 Text of Proposed Order) (Kohman, Paulette) (Entered: 11/10/2014)

1 Text of Proposed Order

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ORDER granting 43 Motion for Extension of Time to File. Defendants Opper and Glueckert's time to respond to the First Amended Complaint is extended to November 21, 2014. Signed by Judge Sam E Haddon on 11/10/2014. (ASG, ) (Entered: 11/10/2014)

Set/Reset Deadlines: John Glueckert answer due 11/21/2014; Richard Opper answer due 11/21/2014. (ASG, )

Joint ANSWER to 42 Amended Complaint by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2. (Crowley, William) (Entered: 11/17/2014)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 11/21/2014)

Brief/Memorandum in Support re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 11/21/2014)

Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Anna C. Conley appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order) (Conley, Anna) (Entered: 11/25/2014)

1 Text of Proposed Order

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ORDER granting 48 Motion for Extension of Time to File Response/Reply re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) Responses due by 12/19/2014. Replies due by 1/16/2015. Motions ripe 12/19/2014. All remaining deadlines in the Court's Order of 9/16/2014 remain in effect. Signed by Judge Sam E Haddon on 11/25/2014. (DED, ) (Entered: 11/25/2014)

RESPONSE to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 12/19/2014)

REPLY to Response to Motion re 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Amended Complaint) filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 01/16/2015)

NOTICE of Withdrawal of Counsel: Tammy H. Boggs withdrawing from the case, filed by Disability Rights Montana (Boggs, Tammy) (Entered: 02/20/2015)

Order Setting: Gena Eales to report for hearing. Status Conference set for 4/24/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 4/17/2015. (ELL, ) Modified on 4/20/2015 to update reporter info (DED, ). (Entered: 04/17/2015)

MOTION for Leave to Appear for Leave to Appear by Telephone Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 04/20/2015)

AFFIDAVIT in Support re 54 MOTION for Leave to Appear for Leave to Appear by Telephone filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 04/20/2015)

ORDER granting 54 Motion for Leave to Appear by Telephone at the 4/24/15 status conf. Signed by Judge Sam E Haddon on 4/20/2015. (ELL, ) (Entered: 04/20/2015)

MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Status Conference held on 4/24/2015. Present in the Courtroom are Jon Ellingson for Plaintiff, Paulette Kohman and Thomas Leonard for Defendants. Plaintiff PHV counsel Jeffery Simons present telephonically. Court advises parties of the purpose of todays hearing, summarizing matter to date. The Court orders a different approach to ensure the issues can be addressed. New complaints are to be filed. Complaints are to be separated into as many complaints as necessary to address the issues. Amended pleadings with simultaneous briefs in support are due by Friday, 5/8/15. The parties are to meet and confer by 5/8/15. Court will set a conference call on Monday, 5/11. Nothing further from the parties. Recess. (Court Reporter Gena Eales.) (Law Clerk: C. Sime), (Hearing held in Helena) (HEG, ) (Entered: 04/24/2015)

ORDER denying 46 Motion to Dismiss First Amended Complaint as to Them without prejudice to renewal as appropriate and directed to the amended pleadings. Signed by Judge Sam E Haddon on 4/24/2015. (NOS, ) (Entered: 04/24/2015)

Order Setting: Telephonic Status Conference set for 5/11/2015 at 01:00 PM before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 4/24/2015. (NOS, ) (Entered: 04/24/2015)

TRANSCRIPT DESIGNATION ORDER FORM by Disability Rights Montana for proceedings held on 04/24/2015 before Judge Sam E. Haddon. Court reporter Gena Eales. Transcript due by 4/27/2015. (Simmons, Jeffrey) (Entered: 04/24/2015)

TRANSCRIPT of Status Conference re 57 Status Conference, held on 4/24/2015, before Judge Haddon per 60 Transcript Designation Order Form. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Gena Eales, 406-381-1645. Transcript Redaction Procedures . Redaction Request due 5/18/2015. Redacted Transcript Deadline set for 5/28/2015. Release of Transcript Restriction set for 7/27/2015. (DED, ) (Entered: 04/27/2015)

Set/Reset Hearings: Status Conference set for 5/11/2015 at 01:00 PM in Helena, MT before Judge Sam E Haddon. (ELL, ) Modified on 5/5/2015 to update reporter info (DED, ). Modified on 5/6/2015 to remove reporter info as this is a telephone status conference and reporter not required (DED, ).

NOTICE by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2 re 59 Order Setting Telephonic Status Conference (Leonard, Thomas) (Entered: 05/06/2015)

NOTICE by John Glueckert, Richard Opper of Phone numbers for 5-11-2015 status conference (Kohman, Paulette) (Entered: 05/06/2015)

NOTICE by Disability Rights Montana of Contact Information for Telephonic Status Conference on May 11, 2015 (Simmons, Jeffrey) (Entered: 05/06/2015)

TRANSCRIPT DESIGNATION ORDER FORM by Mike Batista, Leroy Kirkegaard, Unnamed Defendant No. 1, Unnamed Defendant No. 2 for proceedings held on 04/24/2015 before Judge Hon. Sam E. Haddon. Court reporter Gena Eales. Transcript due by 6/15/2015. (Leonard, Thomas) (Entered: 05/08/2015)

AMENDED COMPLAINT Second Amended Complaint against Mike Batista, Leroy Kirkegaard, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

AMENDED COMPLAINT Second Amended Complaint against John Glueckert, Richard Opper, filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

Brief/Memorandum in Support re 66 Amended Complaint, 67 Amended Complaint filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/08/2015)

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Status Conference held on 5/11/2015. (LJF, Lisa)

JOINT DISCOVERY PLAN by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 05/19/2015)

Order Setting: motions to dismiss complaint filed by 6/5/2015, response filed by 7/3/2015, and reply filed by 7/24/15. All remaining deadlines established in Court's Scheduling Order of 9/16/14 are vacated. All other pretrial deadlines will be set by further order of the court. Signed by Judge Sam E Haddon on 5/20/2015. (DED, ) (Entered: 05/20/2015)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) Modified on 8/19/2015 b>Martin-Lake Asso to report for hearing on 9/3/15 (DED, ). Modified on 8/26/2015 Martin-Lake to report for hearing (DED, ). (Entered: 06/05/2015)

Brief/Memorandum in Support re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Attachments: # 1 Exhibit Exh A DPHHS webpage re Opper, # 2 Exhibit Exh B DPHHS News Release re Glueckert) (Kohman, Paulette) (Entered: 06/05/2015)

1 Exhibit Exh A DPHHS webpage re Opper

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2 Exhibit Exh B DPHHS News Release re Glueckert

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MOTION Mathew D. Lee to Appear Pro Hac Vice ( Filing fee $ 250 receipt number MTX900008509.) Jon E. Ellingson appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Ellingson, Jon) (Entered: 06/24/2015)

1 Affidavit

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2 Text of Proposed Order

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ORDER granting 73 Motion to Appear Pro Hac Vice for Attorney Matthew D. Lee for Disability Rights Montana. Signed by Judge Sam E Haddon on 6/25/2015. (ELL, ) (Entered: 06/25/2015)

Letter to atty Lee re Registration to ECF with copy of Order granting PHV. (ELL, ) (Entered: 06/25/2015)

RESPONSE to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 07/03/2015)

NOTICE of Acknowledgment of Pro Hac Vice Order by Disability Rights Montana (Lee, Matthew) (Entered: 07/16/2015)

REPLY to Response to Motion re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 07/24/2015)

ORDER Setting Hearing on Motion 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Contract Court Reporter is Needed, Motion Hearing set for 9/3/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/19/2015. (ELL, ) (Entered: 08/19/2015)

MOTION leave to appear by phone at hearing on motion to dismiss Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 09/02/2015)

Emergency MOTION for Leave to Appear by telephone at hearing on motion to dismiss Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Simmons, Jeffrey) (Entered: 09/02/2015)

AFFIDAVIT in Support re 81 Emergency MOTION for Leave to Appear by telephone at hearing on motion to dismiss filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/02/2015)

ORDER granting 81 Motion for Leave to Appear Telephonic at 9/3/15 hearing. Signed by Judge Sam E Haddon on 9/3/2015. Phone call placed to Mr. Simmons advising of order. (DED, ) (Entered: 09/03/2015)

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Motion Hearing held on 9/3/2015 re 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Glueckert, Richard Opper. Mr. Ellingson present in courtroom and Mr. Simmons present telephonically on behalf of Plainitff. Paulette Kohman present for Defendants in CV-14-25 and Thomas Leonard present for Defendants in CV-14-25 and CV-15-22. Court will approach motions separately and hear arguments in CV-14-25 and then CV-15-22. Court hears from Ms. Kohman, Mr. Ellingson responds, and Ms. Kohman replies; Mr. Ellingson presents a sur-reply. Court finds facts pleaded are sufficient to allow matter to proceed, and denies Defendants 12(b)(6) Motion to be Dismiss. Court hears argument regarding CV-15-22 matter. Mr. Leonard heard on behalf of Defendants, Mr. Ellingson responds, and Mr. Leonard replies. Court presents its findings and grants Defendants Rule 12(b)(6) Motion to Dismiss Hearing commenced at 10:00 am and concluded at 10:39 am. (Court Reporter Julie Lake.) (Law Clerk: Carolyn Sime), (Hearing held in Helena) (DED, ) (Entered: 09/03/2015)

ORDER denying 71 Motion to Dismiss for Failure to State a Claim Signed by Judge Sam E Haddon on 9/3/2015. (ELL, ) (Entered: 09/03/2015)

PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 9/25/2015. Joint Discovery Plan due by 9/25/2015. Pretrial Conference set for 10/6/2015 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 9/3/2015. (ELL, ) (Entered: 09/03/2015)

TRANSCRIPT DESIGNATION ORDER FORM by John Glueckert, Richard Opper for proceedings held on 09-03-2015 before Judge Haddon. Court reporter Julie Lake. Transcript due by 9/14/2015. (Kohman, Paulette) (Entered: 09/04/2015)

TRANSCRIPT of Motion to Dismiss held on September 3, 2015, before Judge Haddon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Julie Lake, 406-543-6477. Transcript Redaction Procedures . Redaction Request due 9/29/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (ELL, ) (Entered: 09/08/2015)

MOTION to Amend/Correct 72 Brief/Memorandum in Support, Paulette Kohman appearing for Defendants John Glueckert, Richard Opper (Kohman, Paulette) (Entered: 09/21/2015)

Brief/Memorandum in Support re 89 MOTION to Amend/Correct 72 Brief/Memorandum in Support, filed by John Glueckert, Richard Opper. (Kohman, Paulette) (Entered: 09/21/2015)

Joint MOTION for Extension of Time to File Extension of Preliminary Conference Date and Deadlines for Joint Discovery Plan, Preliminary Pretrial Statements, and Defendants' Answer Jeffrey A. Simmons appearing for Plaintiff Disability Rights Montana (Attachments: # 1 Text of Proposed Order Proposed Order) (Simmons, Jeffrey) (Entered: 09/21/2015)

1 Text of Proposed Order Proposed Order

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AFFIDAVIT in Support re 91 Joint MOTION for Extension of Time to File Extension of Preliminary Conference Date and Deadlines for Joint Discovery Plan, Preliminary Pretrial Statements, and Defendants' Answer Declaration of Jon Ellingson filed by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/21/2015)

ORDER denying 89 Motion to Amend/Correct; denying 91 Motion for Extension of Time to File (SEE ORDER FOR COMPLETE DETAILS) Signed by Judge Sam E Haddon on 9/22/2015. (ELL, ) (Entered: 09/22/2015)

STATEMENT OF STIPULATED FACTS by Disability Rights Montana. (Simmons, Jeffrey) (Entered: 09/25/2015)