Case: DiFrancesco v. Bullock

2:17-cv-00066 | U.S. District Court for the District of Montana

Filed Date: Aug. 31, 2017

Closed Date: June 17, 2019

Clearinghouse coding complete

Case Summary

On August 31, 2017, a resident of Bozeman, Montana, who was unable to pay his court debt that grew to nearly $4,000 out of a small $185 civil infraction, filed this class action lawsuit in the U.S. District Court for the District of Montana. The plaintiff sued the governor of Montana, the Attorney General of Montana, the administrator of the Motor Vehicle Division of Montana, and the Bureau Chief of the Driver Services Bureau of Montana all under 42 U.S.C. § 1983. The plaintiff, represented by…

On August 31, 2017, a resident of Bozeman, Montana, who was unable to pay his court debt that grew to nearly $4,000 out of a small $185 civil infraction, filed this class action lawsuit in the U.S. District Court for the District of Montana. The plaintiff sued the governor of Montana, the Attorney General of Montana, the administrator of the Motor Vehicle Division of Montana, and the Bureau Chief of the Driver Services Bureau of Montana all under 42 U.S.C. § 1983. The plaintiff, represented by Equal Justice Under Law, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The plaintiff claimed that, by indefinitely suspending the driver's licenses of people who failed to pay court-ordered fines, costs, and restitution, even where nonpayment was solely due to indigence and thus not willful, the defendants had violated the equal protection, substantive due process, and procedural due process rights. The case was assigned to Judge Sam E. Haddon.

On October 17, 2017, the defendants filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, arguing that the plaintiff had filed after the applicable statute of limitations had expired. Judge Haddon denied this motion without prejudice to allow renewal following the determination of class certification.

On March 2, 2018, the plaintiff moved to certify class, defining the class as “All Montana drivers who currently have, or will have, at least one driver’s license suspension because of unpaid court debts and who did not, or will not, receive an ability-to-pay hearing before the suspension.”

Later in March, the parties filed a stipulation of dismissal, requesting that the court dismiss the governor of Montana as a defendant. The parties proffered this voluntary dismissal after agreeing that the governor was not a proper defendant in this action because he does not administer the statutes challenged in the suit.

In April 2018, the court entered an order specifying due dates for discovery and supplemental briefs regarding the motion to certify class. An initial hearing on certifying the class was held on October 16, 2018. Judge Haddon did not approve the class in an October 17 order, but granted the plaintiff leave to amend his class certification complaint. The plaintiff filed an amended complaint on November 2, 2018, which included classes for all current and future "individuals whose Montana driver’s licenses are... suspended for nonpayment of a fine, cost, or restitution under Mont. Code Ann. § 61-5-214(1)(b) and who were unable to afford to pay the fine, cost, or restitution at the time of suspension." The current suspended license holders and future suspended license holders were separate classes. This new complaint also removed Governor Bullock as a defendant, matching the previous stipulation.

A hearing on the amended class was held on January 8, 2019. Judge Haddon again denied these classes the following day (2019 WL 145627), stating that creating a class in this situation was not useful, because if injunctive relief is granted to the plaintiffs individually, the entire class will get the benefit, certified or not.

Litigation on the underlying claims continued, with the defendants filing a motion for summary judgment on April 12, 2019. However, on May 15 of that year, the parties filed a motion to say due to the passage into law of HB217, which eliminated nonpayment of fees as a reason to strip a Montana driver of their license. A month later, the parties filed a stipulation for dismissal that the court granted on June 17. The case is closed.

Summary Authors

Jake Parker (6/11/2018)

Ellen Aldin (6/1/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6150250/parties/difrancesco-v-fox/


Judge(s)

Haddon, Sam E. (Montana)

Attorneys(s) for Plaintiff

Farris−Olsen, Robert (Montana)

Peterson, Scott L. (Montana)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Cameron, Robert Thomas (Montana)

Tokerud, Hannah E (Montana)

Judge(s)

Haddon, Sam E. (Montana)

Attorneys(s) for Plaintiff

Farris−Olsen, Robert (Montana)

Peterson, Scott L. (Montana)

Ramaswamy, Rebecca R. (District of Columbia)

Sevcenko, Catherine B. (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Cameron, Robert Thomas (Montana)

Tokerud, Hannah E (Montana)

Documents in the Clearinghouse

Document

Docket [PACER]

DiFrancesco v. Fox

June 17, 2019 Docket
1

Complaint

Aug. 31, 2017 Complaint
42

Amended Complaint

DiFrancesco v. Fox

Nov. 2, 2018 Complaint
57

Memorandum and Order

DiFrancesco v. Fox

2019 WL 145627

Jan. 9, 2019 Order/Opinion

Resources

Title Description External URL

DiFrancesco v. Bullock

Equal Justice Under Law

Every year, Montana was suspending the licenses of an estimated 10,000 drivers because they were unable to pay court debts. The automatic suspensions were designed to coerce payment -- but this pract… Aug. 31, 2017 https://equaljusticeunderlaw.org/difrancesco-v-bullock

Challenging Unconstitutional Driver’s License Suspensions

Harmann Singh

Millions of people across the nation have suffered the suspension or revocation of driver’s licenses for the nonpayment of court fines and fees. Forty-three states suspend driver’s licenses and three… March 19, 2018 https://www.law.upenn.edu/live/news/7910-challenging-unconstitutional-drivers-license

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6150250/difrancesco-v-fox/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger, filed by Michael DiFrancesco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (ELL) (Entered: 08/31/2017)

1 Civil Cover Sheet

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2 Exhibit

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Aug. 31, 2017 PACER

Filing fee: $ 400.00, receipt number 0977-200527 (ELL)

Aug. 31, 2017 PACER
2

MOTION Phil Telfeyan to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2005618.) Robert Farris-Olsen appearing for Plaintiff Michael DiFrancesco (Farris-Olsen, Robert) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
3

MOTION Catherine Sevcenko to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2005630.) Robert Farris-Olsen appearing for Plaintiff Michael DiFrancesco (Farris-Olsen, Robert) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
4

MOTION Rebecca Ramaswamy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2005633.) Robert Farris-Olsen appearing for Plaintiff Michael DiFrancesco (Farris-Olsen, Robert) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
5

NOTICE of Filing Exhibits 6 and 7 re: 1 Complaint (Attachments: # 1 Exhibit) (Farris-Olsen, Robert) (Entered: 09/01/2017)

1 Exhibit

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Sept. 1, 2017 PACER
6

ORDER. Pla shall withdraw the application for phv admission of one of the above mentioned lawyers on or before 9/12/17. The Court will take up the applications upon receipt of the withdrawal ordered. Signed by Judge Sam E Haddon on 9/5/2017. (ELL) (Entered: 09/05/2017)

Sept. 5, 2017 RECAP
7

NOTICE by Michael DiFrancesco re 3 MOTION Catherine Sevcenko to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2005630.) (Farris-Olsen, Robert) Modified on 9/12/2017 to indicate that finance has been notified re refund of PHV fee (ELL). Modified on 9/28/2017 to indicate that party has been refunded PHV fee by finance on 9/13/17 (ELL). (Entered: 09/11/2017)

Sept. 11, 2017 PACER
8

ORDER granting 2 Motion to Appear Pro Hac Vice ; granting 4 Motion to Appear Pro Hac Vice Acknowledgment of PHV Order due by 9/26/2017. Signed by Judge Sam E Haddon on 9/11/2017. (ELL) (Entered: 09/11/2017)

Sept. 11, 2017 RECAP
9

Letter to Attorneys Telfeyan and Ramaswamy RE ECF Registration. (ELL) (Entered: 09/11/2017)

Sept. 11, 2017 PACER
10

NOTICE of Acknowledgment of Pro Hac Vice Order by Michael DiFrancesco re 8 Order on Motion to Appear Pro Hac Vice, (Telfeyan, Phil) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Robert Thomas Cameron appearing for Defendants Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger (Cameron, Robert) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
12

Brief/Memorandum in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
13

Notice of Undeliverable Electronic Notice: re 12 Brief/Memorandum in Support, 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Name of attorney whose NEF was undeliverable: Robert Thomas Cameron. (MRC) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
14

RESPONSE to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael DiFrancesco. (Farris-Olsen, Robert) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
15

REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANTS' REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS COMPLAINT filed by Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 11/21/2017)

Nov. 21, 2017 PACER
16

NOTICE by Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger NOTICE OF UNAVAILABILITY OF COUNSEL FOR STATE (Cameron, Robert) (Entered: 02/07/2018)

Feb. 7, 2018 PACER
17

ORDER. The Plaintiff shall file an appropriate motion for class certification on or before March 2, 2018, at 4:45 p.m. Defendants shall have to and including March 16, 2018, at 4:45 p.m. in which to file a motion in opposition to certification with brief, or a response brief in opposition. Plaintiff's reply brief will be due on or before March 30, 2018, at 4:45 p.m. The parties are directed to meet, confer, and file a joint report on or before March 30, 2018, at 4:45 p.m. Defendant's Motion to Dismiss Complaint (With Prejudice) is DENIED WITHOUT PREJUDICE to renewal if appropriate following determination of class certification. Signed by Judge Sam E Haddon on 2/16/2018. (NOS) (Entered: 02/16/2018)

Feb. 16, 2018 RECAP
18

MOTION to Certify Class Rebecca Ramaswamy appearing for Plaintiff Michael DiFrancesco (Ramaswamy, Rebecca) Modified on 10/2/2018 Ann Wayrynen to report (HEG). (Modified to terminate motion as moot; Amended Motion to Certify Class filed on 11/2/18 as Doc. 43.) (NOS) (Entered: 03/02/2018)

March 2, 2018 PACER
19

Brief in Support of Motion to Certify Class Rebecca Ramaswamy appearing for Plaintiff Michael DiFrancesco (Attachments: # 1 Exhibit Email from Patrick McJannet, # 2 Exhibit Declaration of Phil Telfeyan) (Ramaswamy, Rebecca) Modified on 3/5/2018 to reflect terming motion event as brief was misfiled and correct event to use was "Brief in Support". Regenerated NEF. Created relationship to 18 Motion (APP). (Entered: 03/02/2018)

1 Exhibit Email from Patrick McJannet

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2 Exhibit Declaration of Phil Telfeyan

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March 2, 2018 PACER
20

NOTICE by Michael DiFrancesco re 18 MOTION to Certify Class of Errata (Peterson, Scott) (Entered: 03/02/2018)

March 2, 2018 PACER
21

RESPONSE to Motion re 18 MOTION to Certify Class ANSWER BRIEF IN OPPOSITION TO CLASS CERTIFICATION filed by Steve Bullock, Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 03/16/2018)

March 16, 2018 PACER
22

STIPULATION of Dismissal of Steve Bullock by Michael DiFrancesco. (Farris-Olsen, Robert) (Entered: 03/23/2018)

March 23, 2018 PACER
23

JOINT DISCOVERY PLAN by Michael DiFrancesco. (Farris-Olsen, Robert) (Entered: 03/30/2018)

March 30, 2018 PACER
24

REPLY to Response to Motion re 18 MOTION to Certify Class filed by Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 03/30/2018)

March 30, 2018 PACER
25

AMENDED DOCUMENT by Michael DiFrancesco. Amended to 23 Joint Discovery Plan. (Farris-Olsen, Robert) (Modified on 4/2/2018 to terminate incorrectly filed motion event; modify docket text.) (NOS) (Entered: 04/02/2018)

April 2, 2018 PACER
26

ORDER re; 18 MOTION to Certify Class - all parties shall have to and including August 3, 2018, in which to conduct discovery on issues relevant to Plaintiff's Motion to Certify Class. Supplemental briefs in support of party's position due by 8/17/2018, responses due by 8/31/2018, replies due by 9/14/2018. A hearing on the Plaintiff's Motion to Certify Class will be set by further order of the Court. Signed by Judge Sam E Haddon on 4/5/2018. (CDH) (Entered: 04/05/2018)

April 5, 2018 PACER
27

SUPPLEMENTAL RESPONSE to Motion re 18 MOTION to Certify Class as to 26 ORDER filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Attachments: # 1 Exhibit 1 - Discovery Responses) (Cameron, Robert) (Modified to amend docket text.) (NOS) (Entered: 08/17/2018)

1 Exhibit 1 - Discovery Responses

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Aug. 17, 2018 PACER
28

SUPPLEMENTAL Brief/Memorandum in Support re 18 MOTION to Certify Class as to 26 ORDER filed by Michael DiFrancesco. (Attachments: # 1 Ramaswamy Declaration, # 2 Defs' Response to Interrogatories, # 3 DI Code 601 Chart, # 4 DI Code 605 Chart, # 5 All FTC Chart) (Ramaswamy, Rebecca) (Modified to amend docket text.) (NOS) (Entered: 08/17/2018)

1 Ramaswamy Declaration

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2 Defs' Response to Interrogatories

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3 DI Code 601 Chart

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4 DI Code 605 Chart

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5 All FTC Chart

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Aug. 17, 2018 PACER
29

RESPONSE to 28 Supplemental Brief/Memorandum in Support re 18 MOTION to Certify Class as to 26 ORDER filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Modified to amend docket text, link to motion.) (NOS) (Entered: 08/31/2018)

Aug. 31, 2018 PACER
30

REPLY to RESPONSE to 27 SUPPLEMENTAL RESPONSE to Motion re 18 MOTION to Certify Class as to 26 ORDER filed by Michael DiFrancesco. (Attachments: # 1 Exhibit Defs' Answer to Pl's Second Set of Discovery Requests, # 2 Exhibit Second Ramaswamy Declaration) (Ramaswamy, Rebecca) (Modified to amend docket text, link to motion.) (NOS) (Entered: 08/31/2018)

1 Exhibit Defs' Answer to Pl's Second Set of Discovery Requests

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2 Exhibit Second Ramaswamy Declaration

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Aug. 31, 2018 PACER
31

Brief/Response to Order re 29 Brief/Response to Order Plaintiff's Reply Supplemental Brief in Support of Class Certification filed by Michael DiFrancesco. (Ramaswamy, Rebecca) (Modified to link to motion.) (NOS) (Entered: 09/14/2018)

Sept. 14, 2018 PACER
32

REPLY to Response to Motion re 18 MOTION to Certify Class STATE'S REPLY BRIEF RE: PLAINTIFF'S MOTION TO CERTIFY CLASS filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 09/14/2018)

Sept. 14, 2018 PACER
33

ORDER Setting Hearing on Motion 18 MOTION to Certify Class : Motion Hearing set for 10/16/2018 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Contract Court Reporter is Needed. Signed by Judge Sam E Haddon on 9/27/2018. (HEG) (Entered: 09/27/2018)

Sept. 27, 2018 PACER
34

ORDERED: The Court has determined that a status conference with counsel to address and discuss issues directly related to Plaintiffs Motion to Certify Class should be conducted in advance of the hearing on Plaintiffs Motion to Certify Class set for 10:00 a.m. on October 16, 2018. Signed by Judge Sam E Haddon on 9/28/2018. (HEG) Modified on 10/2/2018 Ann Wayrynen to report . (HEG). (Entered: 09/28/2018)

Sept. 28, 2018 PACER
35

MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Status Conference re 18 MOTION to Certify Class filed by Michael DiFrancesco held on 10/16/2018. Motion Hearing not held re 18 MOTION to Certify Class filed by Michael DiFrancesco. Present in the Courtroom are Phil Telfeyan and Scott Peterson for the plaintiff; Robert Thomas Cameron for defendants. Court advises counsel of the purpose of todays proceeding; reviewing matter to date. Class definition is inadequate and can not serve as a class claim asserted in the complaint of the inability to pay. Parties will have until 10/26, to file simultaneous briefs in support of their controversies that exist. Plaintiff has until close of business Friday, 11/2 to file an amended class certification in addition to if necessary or appropriate an amended complaint as stated. Plaintiff has until Friday, 11/2 to file a brief of explanation of particular driving infractures. Counsel are to meet and confer before 11/2 to address and agree upon and submit to the court; complete court records including driving infractures of the plaintiff. Counsel for the plaintiff is to provide a written report to the court on or before 11/2 to identify every case of which counsel has information that relates to the issues that are raised in this case as stated; (title of court; cause no. and date of filing.) Defendant will have until 11/9 to review materials and file a supplement. Court expects a report from plaintiff counsel by 11/2 to identify every statue in Montana that plaintiff feels was violated by his claim or class members not appropriately applied. Defendant will have until 11/9, to file a supplement to identify any further statutes. Upon review of the documents discussed, the court will take up another hearing if appropriate on the issues. No arguments on the motion for class certification were heard. Court is in recess. Hearing commenced at 9:30 and concluded at 10:09. (Court Reporter Ann Wayrynen.) (Law Clerk: E. Anderson), (Hearing held in Helena) (HEG) (Entered: 10/16/2018)

Oct. 16, 2018 PACER
36

ORDERED: The Plaintiff shall file an amended motion for class certification on or before November 2, 2018. Plaintiff shall have the option, if deemed appropriate, on or before November 2, 2018, to file an amended complaint setting forth modifications or changes in allegations in the complaint necessary and appropriate and in support of the revised proposed class certification. (please see order for additional deadlines and information.) Signed by Judge Sam E Haddon on 10/17/2018. (HEG) (Entered: 10/17/2018)

Oct. 17, 2018 RECAP
37

TRANSCRIPT DESIGNATION ORDER FORM Transcript Request by Michael DiFrancesco for proceedings held on 10/16/18 before Judge Haddon. Court reporter Ann Wayrynen, ann@wlcrs.com. Transcript due by 10/29/2018. (Farris-Olsen, Robert) (Entered: 10/24/2018)

Oct. 24, 2018 PACER
38

TRANSCRIPT of Status Conference held on October 16, 2018, before Judge Sam E. 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 Ann Wayrynen, 406-494-4755. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 11/14/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/22/2019. (NOS) (Entered: 10/24/2018)

Oct. 24, 2018 PACER
39

NOTICE by Michael DiFrancesco Notice of Intent to File Amended Complaint (Ramaswamy, Rebecca) (Entered: 10/25/2018)

Oct. 25, 2018 PACER
40

NOTICE by Michael DiFrancesco Notice Regarding Future Class Members (Ramaswamy, Rebecca) (Entered: 10/26/2018)

Oct. 26, 2018 PACER
41

Brief/Response to Order re 36 Order. STATE'S BRIEF RE LACK OF JUSTICIABLE CONTROVERSY FOR POTENTIAL FUTURE CLASS MEMBERS filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Modified to amend event type.) (NOS) (Entered: 10/26/2018)

Oct. 26, 2018 PACER
42

AMENDED COMPLAINT against Tim Fox, Sarah Garcia, Michele Snowberger, filed by Michael DiFrancesco. (Attachments: # 1 Exhibit Index, # 2 Exhibit DiFrancesco Declaration, # 3 Exhibit Davis Declaration, # 4 Exhibit MVD Website, # 5 Exhibit Rutzke Affidavit, # 6 Exhibit Driver's License Sanctions, # 7 Exhibit Talk Poverty Mont 2016, # 8 Exhibit DiFrancesco Bozeman Record, # 9 Exhibit DiFrancesco Suspension Notice, # 10 Exhibit DiFrancesco Driver Record, # 11 Exhibit HTO Declaration, # 12 Exhibit Davis Driver Record, # 13 Exhibit Davis Missoula Municipal Ct, # 14 Exhibit Davis Missoula County, # 15 Exhibit Semuels Article, # 16 Exhibit Impacts and Fairness Report, # 17 Exhibit Census Data, # 18 Exhibit Commuter Data) (Ramaswamy, Rebecca) (Entered: 11/02/2018)

1 Exhibit Index

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2 Exhibit DiFrancesco Declaration

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3 Exhibit Davis Declaration

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4 Exhibit MVD Website

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5 Exhibit Rutzke Affidavit

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6 Exhibit Driver's License Sanctions

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7 Exhibit Talk Poverty Mont 2016

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8 Exhibit DiFrancesco Bozeman Record

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9 Exhibit DiFrancesco Suspension Notice

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10 Exhibit DiFrancesco Driver Record

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11 Exhibit HTO Declaration

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12 Exhibit Davis Driver Record

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13 Exhibit Davis Missoula Municipal Ct

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14 Exhibit Davis Missoula County

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15 Exhibit Semuels Article

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16 Exhibit Impacts and Fairness Report

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17 Exhibit Census Data

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18 Exhibit Commuter Data

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Nov. 2, 2018 PACER
43

Amended MOTION to Certify Class Rebecca Ramaswamy appearing for Plaintiff Michael DiFrancesco (Ramaswamy, Rebecca) (Entered: 11/02/2018)

Nov. 2, 2018 PACER
44

Brief/Memorandum in Support re 43 Amended MOTION to Certify Class Rebecca Ramaswamy appearing for Plaintiff Michael DiFrancesco (Attachments: # 1 Exhibit Index, # 2 Exhibit Rutzke Affidavit, # 3 Exhibit Telfeyan Declaration) (Ramaswamy, Rebecca) (Modified on 11/5/2018 to term incorrectly docketed motion event and amend docket text.) (NOS) (Entered: 11/02/2018)

1 Exhibit Index

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2 Exhibit Rutzke Affidavit

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3 Exhibit Telfeyan Declaration

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Nov. 2, 2018 PACER
45

NOTICE by Michael DiFrancesco Joint Notice Re: Alleged Violations (Ramaswamy, Rebecca) (Entered: 11/02/2018)

Nov. 2, 2018 PACER
46

NOTICE by Michael DiFrancesco Notice Re: Similar Cases (Ramaswamy, Rebecca) (Entered: 11/02/2018)

Nov. 2, 2018 PACER
47

NOTICE by Michael DiFrancesco re 36 Order,, Set Deadlines, Plaintiffs' Statement of Relevant Citations (Attachments: # 1 Exhibit Bozeman City Court Records, # 2 Exhibit Ennis City Court Records, # 3 Exhibit Bozeman Justice Court Records, # 4 Exhibit Official Driving Record, # 5 Exhibit 2009 Suspension Notice, # 6 Exhibit Habitual Offender Declaration, # 7 Exhibit Missoula City and Justice Court Records, # 8 Exhibit Davis Driving Record, # 9 Exhibit Davis Custer County Records) (Farris-Olsen, Robert) (Entered: 11/02/2018)

1 Exhibit Bozeman City Court Records

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2 Exhibit Ennis City Court Records

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3 Exhibit Bozeman Justice Court Records

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4 Exhibit Official Driving Record

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5 Exhibit 2009 Suspension Notice

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6 Exhibit Habitual Offender Declaration

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7 Exhibit Missoula City and Justice Court Records

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8 Exhibit Davis Driving Record

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9 Exhibit Davis Custer County Records

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Nov. 2, 2018 PACER
48

Notice of Correction: re 44 Amended MOTION to Certify Class Brief in Support of Amended Motion to Certify Class. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (NOS) (Entered: 11/05/2018)

Nov. 5, 2018 PACER

Remark: Plaintiff Ashley Davis added to docket per Amended Complaint filed on November 2, 2018. (NOS)

Nov. 5, 2018 PACER
49

NOTICE of Appearance by Hannah E. Tokerud on behalf of All Defendants (Tokerud, Hannah) (Entered: 11/08/2018)

Nov. 8, 2018 PACER
50

ANSWER to 42 Amended Complaint,,, by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
51

RESPONSE to Motion re 43 Amended MOTION to Certify Class BRIEF IN OPPOISITION TO AMENDED MOTION FOR CLASS CERTIFICATION filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
52

REPLY to Response to Motion re 43 Amended MOTION to Certify Class filed by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
53

ORDER Setting Hearing on Motion 43 Amended MOTION to Certify Class, Motion Hearing set for 1/3/2019 at 11:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 12/21/2018. (HEG) Modified on 12/21/2018 Tina Brilz to report (HEG). (Entered: 12/21/2018)

Dec. 21, 2018 PACER
54

Unopposed MOTION to Continue Hearing on Plaintiffs' Amended Motion to Certify Class Robert Thomas Cameron appearing for Defendants Tim Fox, Sarah Garcia, Michele Snowberger (Attachments: # 1 Text of Proposed Order) (Cameron, Robert) (Entered: 12/26/2018)

1 Text of Proposed Order

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Dec. 26, 2018 PACER
55

ORDERED: Defendant's Motion for Continuance is GRANTED. The hearing on Plaintiffs' Amended Motion to Certify Class, set for January 3, 2019, is VACATED and RESET for 11 :00 a.m. on January 8, 2019, at the Paul G. Hatfield Courthouse, Helena, Montana. Signed by Judge Sam E Haddon on 12/26/2018. (HEG) (Entered: 12/26/2018)

Dec. 26, 2018 PACER

Reset Hearings: Motion Hearing set for 1/8/2019 at 11:00 AM in Helena, MT before Judge Sam E Haddon. (HEG) Modified on 12/26/2018 Tina Brilz to report (HEG).

Dec. 26, 2018 PACER
56

MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Motion Hearing held on 1/8/2019 re 43 Amended MOTION to Certify Class filed by Michael DiFrancesco. Present in the Courtroom are Rebecca Ramaswamy and Scott Peterson for plaintiff; Robert Cameron for defendants. Court advises counsel of the purpose of todays proceeding reviewing matter to date. Arguments heard on pending motion by counsel Ramaswamy and Cameron. Court addresses the issue before it and will take matter under consideration. An opinion will be issued as prompt as feasible. Nothing further from the parties. Court is in Recess. Hearing commenced at 11:00 and concluded at 11:44. (Court Reporter Tina Brilz.) (Law Clerk: E. Anderson), (Hearing held in Helena) (HEG) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
57

MEMORANDUM AND ORDER: Plaintiffs' Amended Motion for Class Certification is DENIED. Signed by Judge Sam E Haddon on 1/9/2019. (HEG) (Entered: 01/09/2019)

Jan. 9, 2019 RECAP
58

Order Setting: Joint Proposed Discovery due by 2/22/2019. Preliminary Pretrial Statement due by 2/22/2019. A preliminary pretrial conference to develop a case management plan will be held at 10:00 a.m. on March 5, 2019, at the Chambers of District Judge Sam E. Haddon, Paul G. Hatfield Courthouse, Helena, Montana. Lead counsel for each party is to attend in person. Signed by Judge Sam E Haddon on 1/9/2019. (HEG) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
59

Joint MOTION to Vacate 58 Order Setting, Rebecca Ramaswamy appearing for Plaintiffs Ashley Davis, Michael DiFrancesco (Attachments: # 1 Proposed Order) (Ramaswamy, Rebecca) (Entered: 02/14/2019)

1 Proposed Order

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Feb. 14, 2019 PACER
60

ORDER denying 59 Motion to Vacate Pretrial Conference and for Joint Proposed Briefing Schedule. The Court's order of January 9, 2019, in all respects remains in full force and effect. The preliminary pretrial conference will proceed as scheduled. Signed by Judge Sam E Haddon on 2/14/2019. (NOS) (Entered: 02/14/2019)

Feb. 14, 2019 RECAP
61

JOINT DISCOVERY PLAN by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
62

PRELIMINARY PRETRIAL STATEMENT by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
63

PRELIMINARY PRETRIAL STATEMENT by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
64

STATEMENT OF STIPULATED FACTS by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 02/26/2019)

Feb. 26, 2019 PACER

MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Initial Pretrial Conference held on 3/5/2019. (LJF)

March 5, 2019 PACER
65

SCHEDULING ORDER: To assist the Court in address and resolution of issues relevant to the case, plaintiffs are directed to file and serve, on or before April 5, 2019, a report (see order for complete details). Amended Pleadings and Joinder of Parties due by 5/3/2019. Discovery due by 6/28/2019. All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before 8/30/2019. Proposed Pretrial Order due by 11/15/2019. Signed by Judge Sam E Haddon on 3/6/2019. (HEG) (Entered: 03/06/2019)

March 6, 2019 PACER
66

NOTICE by Ashley Davis, Michael DiFrancesco re 65 Scheduling Order,, Report Re: Plaintiffs' Citations (Ramaswamy, Rebecca) (Entered: 03/15/2019)

March 15, 2019 PACER
67

Brief/Response to Order re 65 Scheduling Order,, 66 Notice (Other) DEFENDANTS' RESPONSE TO PLAINTIFFS' REPORT RE: RELEVANT CITATIONS filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Entered: 04/08/2019)

April 8, 2019 PACER
68

AMENDED ANSWER to 42 AMENDED COMPLAINT by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Modified to link to Amended Complaint.) (NOS) (Entered: 04/09/2019)

April 9, 2019 PACER
69

MOTION for Summary Judgment Rebecca Ramaswamy appearing for Plaintiffs Ashley Davis, Michael DiFrancesco (Ramaswamy, Rebecca) (Entered: 04/12/2019)

April 12, 2019 PACER
70

Statement of Undisputed Fact re: 69 MOTION for Summary Judgment by Ashley Davis, Michael DiFrancesco filed by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 04/12/2019)

April 12, 2019 PACER
71

Brief/Memorandum in Support re 69 MOTION for Summary Judgment filed by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 04/12/2019)

April 12, 2019 PACER
72

MOTION for Summary Judgment Robert Thomas Cameron appearing for Defendants Tim Fox, Sarah Garcia, Michele Snowberger (Cameron, Robert) (Entered: 04/12/2019)

April 12, 2019 PACER
73

Brief/Memorandum in Support re 72 MOTION for Summary Judgment filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 04/12/2019)

April 12, 2019 PACER
74

Statement of Undisputed Fact re: 72 MOTION for Summary Judgment, 73 Brief/Memorandum in Support. (Cameron, Robert) (Entered: 04/12/2019)

April 12, 2019 PACER
75

AMENDED DOCUMENT by Tim Fox, Sarah Garcia, Michele Snowberger. Amendment to 73 Brief/Memorandum in Support of Motion for Summary Judgment. (Cameron, Robert) (Modified to link to motion.) (NOS) (Entered: 04/12/2019)

April 12, 2019 PACER
76

Witness List by Tim Fox, Sarah Garcia, Michele Snowberger. (Cameron, Robert) (Entered: 04/24/2019)

April 24, 2019 PACER
77

Witness List by Ashley Davis, Michael DiFrancesco. (Telfeyan, Phil) (Entered: 04/26/2019)

April 26, 2019 PACER
78

RESPONSE to Motion re 72 MOTION for Summary Judgment Opposition filed by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 05/03/2019)

May 3, 2019 RECAP
79

RESPONSE to Motion re 69 MOTION for Summary Judgment filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Entered: 05/03/2019)

May 3, 2019 PACER
80

Statement of Disputed Facts re: 79 Response to Motion filed by Tim Fox, Sarah Garcia, Michele Snowberger. (Tokerud, Hannah) (Entered: 05/03/2019)

May 3, 2019 PACER
81

Unopposed MOTION to Stay All Proceedings Rebecca Ramaswamy appearing for Plaintiffs Ashley Davis, Michael DiFrancesco (Attachments: # 1 Exhibit HB 217, # 2 Exhibit Proposed Order) (Ramaswamy, Rebecca) (Entered: 05/14/2019)

1 Exhibit HB 217

View on PACER

2 Exhibit Proposed Order

View on PACER

May 14, 2019 PACER
82

ORDER granting 81 Motion to Stay All Proceedings for thirty days, in light of the enactment by the Montana Legislature and signing into law by Governor Steve Bullock of HB217. Signed by Judge Sam E Haddon on 5/15/2019. (HEG) (Entered: 05/15/2019)

May 15, 2019 RECAP
83

STIPULATION of Dismissal by Ashley Davis, Michael DiFrancesco. (Ramaswamy, Rebecca) (Entered: 06/14/2019)

June 14, 2019 PACER

NOTICE from the Clerk of Court's Office: On June 14, 2019, the parties filed a Stipulation of Dismissal (Doc. 83 ) signed by all parties who have appeared. Therefore, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this case is dismissed in accordance with the filing of the Parties' Stipulation of Dismissal and without further order of the Court. (NOS)

June 17, 2019 PACER

State / Territory: Montana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Key Dates

Filing Date: Aug. 31, 2017

Closing Date: June 17, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Montana drivers who currently have, or will have, at least one driver’s license suspension because of unpaid court debts and who did not, or will not, receive an ability-to-pay hearing before the suspension.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

The State of Montana, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Drivers Licenses

Fines/Fees/Bail/Bond

Poverty/homelessness

Type of Facility:

Government-run