Case: Jackson v. Board of Trustees of Wolf Point, Montana, School District No. 45-45A

4:13-cv-00065 | U.S. District Court for the District of Montana

Filed Date: Aug. 7, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns malapportionment of voter districts in the Wolf Point School District, which violated the equal protection clause of the Fourteenth Amendment to the United States Constitution. On August 7, 2013, seven plaintiffs, who are all American Indians, filed suit in the U.S. District Court for the District of Montana (Great Falls Division). Defendants included The Board of Trustees of Wolf Point, Montana, School District No. 45-45A, the board members in their official capacities, and …

This case concerns malapportionment of voter districts in the Wolf Point School District, which violated the equal protection clause of the Fourteenth Amendment to the United States Constitution.

On August 7, 2013, seven plaintiffs, who are all American Indians, filed suit in the U.S. District Court for the District of Montana (Great Falls Division). Defendants included The Board of Trustees of Wolf Point, Montana, School District No. 45-45A, the board members in their official capacities, and the school district clerk and election administrator. Plaintiffs were represented by members of the ACLU of Montana Foundation. The case was originally assigned to the Honorable Dana L. Christensen, United District Judge, and referred to the Honorable Keith Strong, United States Magistrate Judge. 

The Plaintiffs alleged that Defendants violated the Fourteenth Amendment of the Constitution of the United States and Section 2 of the Voting Rights Act. Plaintiffs sought declaratory and injunctive relief against further use of the existing districts for the Wolf Point, Montana, High School District 45A on the grounds that they were malapportioned in violation of one person, one vote and deprived American Indians of the equal right to participate in the political process and elect representatives of their choice. 

Specifically, Wolf Point High School District 45A united District 3 with District 45; District 45A had five trustees elected from District 45 and three trustees elected from District 3. Based upon the 2010 Census, the total population of District 45A was 4,635. The ideal population for a district electing one member of the Board of Trustees would be 579.375. The ideal population for District 3, which elected three members of the Board of Trustees, would be 1,738 (579.375 x 3 = 1,738). Under the existing plan, however, District 3 had a population of only 430. The ideal population for District 45, which elected five members of the Board of Trustees, would be 2,897 (579.375 x 5 = 2,897). Under the existing plan, however, District 45 had a population of 4,205. All Plaintiffs were residents in District 45. Additionally, District 45 contained 2,514 American Indians, 59.79% of the total district population. District 3 contained 256 whites, 59.53% of the total district population. The voting strength of American Indian residents of District 45, which elected five members of the Board of Trustees, was diluted compared to the white residents of District 3, which elected three members of the Board of Trustees.

On October 4, 2013, Defendants filed a Motion to Dismiss on the basis that Plaintiffs failed to state a claim upon which relief could be granted. On November 8, 2013, the Court denied the Motion to Dismiss, and approved Plaintiffs’ request to add the County Superintendent of Schools for Roosevelt County as a defendant. An amended complaint making such change was filed on November 13, 2013. 

On December 9, 2013, following Defendants’ answer to the amended complaint, Plaintiffs filed a Motion for Summary Judgment, claiming that there was no genuine dispute as to material fact and that the movants were entitled to judgment as a matter of law. On December 19, 2013, the case was reassigned from Judge Christensen to the Honorable Brian M. Morris. On January 24, 2014, Judge Strong issued Findings and Recommendations, which found that the parties agreed the malapportioned districts violated Plaintiffs’ rights under the equal protection Fourteenth Amendment of the Constitution of the United States and summary judgment should be granted, while the other claim alleging the malapportioned districts violated the Voting Rights Act was moot and should be dismissed. 

On March 13, 2014, the parties provided the Court with a Proposed Consent Decree that was later approved by Judge Strong in a Findings and Recommendation issued March 14, 2014. On April 9, 2014, the Court adopted the Findings and Recommendation and issued a Consent Decree on April 11, 2014, which provided (i) the Defendants are permanently enjoined from administering or implementing future elections under the malapportioned plan, (ii) a remedial plan was implemented that provided (a) for 2014,  two seats would be eliminated from District 3, (b) for 2014, all trustees elected would serve a one year term and any trustee not up for election would serve until 2015, and (c) in 2015, High School District 45A would be composed of six trustees, with one being elected at-large from 45A, while five trustees would be elected from District 45, and (iii) further redistricting was ordered. 

On March 14, 2014, Plaintiffs filed a Motion for Attorney Fees. On April 21, 2014, Judge Strong issued a Findings and Recommendation to Grant Plaintiffs’ Motion for Attorney fees in the amount of $135,921.61. On May 6, 2014, Judge Morris issued an Order Adopting Findings and Recommendations which provided for attorney fees in the amount of $137,587.61, which now included paralegal fees that were inadvertently omitted.

As of March 2024, there have been no further developments.

Summary Authors

Deidre Fragapane (10/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5020940/parties/jackson-v-board-of-trustees-of-wolf-point-montana-school-district-no/


Judge(s)
Attorney for Plaintiff

Ellingson, Jon E. (Montana)

McDonald, M. Laughlin (Montana)

Attorney for Defendant

Goss, Kris (Montana)

Knudsen, Jordan W. (Montana)

Koenig, Tony C. (Montana)

show all people

Documents in the Clearinghouse

Document
1

4:13-cv-00065

Plaintiffs' Complaint

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

Aug. 7, 2013

Aug. 7, 2013

Complaint
18

4:13-cv-00065

Motion to Dismiss

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

Oct. 4, 2013

Oct. 4, 2013

Pleading / Motion / Brief
31

4:13-cv-00065

Plaintiffs Amended Complaint

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

Nov. 13, 2013

Nov. 13, 2013

Complaint
37

4:13-cv-00065

Plaintiffs' Motion for Summary Judgment

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

Dec. 9, 2013

Dec. 9, 2013

Pleading / Motion / Brief
49

4:13-cv-00065

Findings and Recommendations to Grant of Summary Judgment on Claim I and Dismiss Claim II

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

Jan. 24, 2014

Jan. 24, 2014

Magistrate Report/Recommendation
70

4:13-cv-00065

Proposed Consent Decree

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

March 13, 2014

March 13, 2014

Other
71

4:13-cv-00065

Plaintiffs' Motion for Costs and Attorney's Fees

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

March 14, 2014

March 14, 2014

Pleading / Motion / Brief
76

4:13-cv-00065

Findings and Recommendation to Adopt Proposed Consent Decree

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

March 14, 2014

March 14, 2014

Magistrate Report/Recommendation

2014 U.S.Dist.LEXIS 2014

77

4:13-cv-00065

Order Adopting Findings and Recommendations

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

April 9, 2014

April 9, 2014

Order/Opinion

2014 U.S.Dist.LEXIS 2014

78

4:13-cv-00065

Consent Decree

Jackson, Et Al V. Board of Trustees of Wolf Point, Et Al

April 11, 2014

April 11, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5020940/jackson-v-board-of-trustees-of-wolf-point-montana-school-district-no/

Last updated May 6, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all Defendants, filed by Plaintiffs. (Filing fee $ 400 receipt number 0977-1272562.) (Attachments: # 1 Civil Cover Sheet, # 2 Blank Summons - Board of Trustees, # 3 Blank Summons - Dewitt, # 4 Blank Summons - Juve-Miranda, # 5 Blank Summons - Strader, # 6 Blank Summons - Wemmer-Kegley, # 7 Blank Summons - Nygard, # 8 Blank Summons - Bach, # 9 Blank Summons - Erickson) (SLR, ) (Entered: 08/07/2013)

1 Civil Cover Sheet

View on PACER

2 Blank Summons - Board of Trustees

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3 Blank Summons - Dewitt

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4 Blank Summons - Juve-Miranda

View on PACER

5 Blank Summons - Strader

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6 Blank Summons - Wemmer-Kegley

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7 Blank Summons - Nygard

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8 Blank Summons - Bach

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9 Blank Summons - Erickson

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Aug. 7, 2013

Aug. 7, 2013

Clearinghouse
2

Summons Issued as to Defendants Board of Trustees of Wolf Point, Montana, School District No. 45-45A; Martin Dewitt, Tracy Juve-Miranda; Glenn Strader, Janice Wemmer-Kegley; Brent Nygard, Ed Bach, and Naomi Erickson. Original issued Summonses mailed to Counsel Ellingson. (SLR, ) Modified on 8/7/2013 to clean up text. (SLR, ). (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
3

MOTION M. Laughlin McDonald to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1272731.) Jon E. Ellingson appearing for Plaintiff Ronald Jackson Motions referred to Keith Strong. (Attachments: # 1 Affidavit Pro Hac Vice Declaration) (Ellingson, Jon) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
4

Summons Issued as to Jaronn Boysun. Original issued Summons mailed to Counsel Ellingson. (SLR, ) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
5

Notice of Correction: re 3 MOTION M. Laughlin McDonald to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1272731.). The filing error relates to: No Proposed Order submitted. See the attached document for a brief description of the error made. (SLR, ) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
6

Submission of Proposed Order to Admit pro hac vice re: 5 Notice of Correction,. (Ellingson, Jon) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
7

ORDER granting 3 Motion to Appear Pro Hac Vice for Attorney M. Laughlin McDonald for Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. Signed by Magistrate Keith Strong on 8/12/2013. (SLL, ) Modified on 8/12/2013 to reflect copy of Order mailed to Counsel McDonald. (SLR, ). (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
8

AFFIDAVIT/DECLARATION McDonald Acknowledgment of PHV requirements by Ronald Jackson. (Ellingson, Jon) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER
9

WAIVER OF SERVICE Returned Executed by Ronald Jackson. Glenn Strader waiver sent on 8/9/2013, answer due 10/8/2013. (Ellingson, Jon) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
10

SUMMONS Returned Executed by Plaintiffs. JARONN BOYSUN served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
11

SUMMONS Returned Executed by Plaintiffs. ED BACH served on 9/28/2013, answer due 10/21/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
12

SUMMONS Returned Executed by Plaintiffs. JANICE WEMMER-KEGLEY served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
13

SUMMONS Returned Executed by Plaintiffs. BOARD OF TRUSTEES OF WOLF POINT, MONTANA School District No. 45-45A served on 9/30/2013, answer due 10/21/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
14

SUMMONS Returned Executed by Plaintiffs. MARTIN DEWITT served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
15

SUMMONS Returned Executed by Plaintiffs. NAOMI ERICKSON served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
16

SUMMONS Returned Executed by Plaintiffs. TRACY JUVE-MIRANDA served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
17

SUMMONS Returned Executed by Plaintiffs. BRENT NYGARD served on 9/18/2013, answer due 10/9/2013. (Taylor, James) Modified on 10/4/2013 to clean up text. (SLR, ). (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
18

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Tony C. Koenig appearing for Defendants Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley Motions referred to Keith Strong. (Koenig, Tony) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

Clearinghouse
19

Brief/Memorandum in Support re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
20

Mailing of Consent - Honorable Keith Strong as Presiding Judge. Electronically mailed to Counsel Tony C. Koenig, Debra Silk, Kris Goss, Jon E. Ellingson, James Park Taylor, M. Laughlin McDonald. Consent/Objection to USMJ Form due by 11/7/2013. (SLR, ) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
21

RESPONSE to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald Jackson. (Taylor, James) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
22

ORDER Setting Hearing on Motion 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/8/2013 at 10:00 AM in Chief Mountain Courtroom, Great Falls, MT before Magistrate Keith Strong, PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 11/5/2013, Joint Discovery Plan due by 11/5/2013. Pretrial Conference set for 11/8/2013 at 10:00 AM in Great Falls, MT before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 10/21/2013. (SLL, ) Modified on 10/22/2013 to reflect that FTR Gold will be used for the oral argument hearing on 11/8/13; said oral argument will be held in the Chief Mountain Courtroom. (SLR, ). (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
23

ORDER: Consent to the jurisdiction of a United States Magistrate Judge having been either withheld or met with objection, IT IS ORDERED: 1) The case remains assigned to the Honorable Dana L. Christensen, United States District Judge, for all further proceedings and entry of judgment. 2) Pursuant to 28 U.S.C. 636(b)(1)(B), the case is referred to the Honorable Keith Strong, United States Magistrate Judge, who will conduct all necessary hearings and submit to the undersigned proposed findings of fact and recommendations for the disposition of all motions excepted from the Magistrate Judge's jurisdiction by 28 U.S.C. 636(b)(1)(A). Signed by Judge Dana L. Christensen on 10/21/2013. (SLR, ) (Entered: 10/22/2013)

Oct. 21, 2013

Oct. 21, 2013

Clearinghouse

Reset Hearings: Motion Hearing set for 11/8/2013 at 10:00 AM in Chief Mountain Courtroom, Great Falls, MT before Magistrate Keith Strong. Pretrial Conference set for 11/8/2013 at 10:00 PM in Chief Mountain Courtroom, Great Falls, MT before Magistrate Keith Strong. (SLR, )

Oct. 23, 2013

Oct. 23, 2013

PACER
24

REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

PACER
25

JOINT DISCOVERY PLAN by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Ellingson, Jon) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
26

PRELIMINARY PRETRIAL STATEMENT by Ronald Jackson. (Taylor, James) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
27

PRELIMINARY PRETRIAL STATEMENT by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 11/05/2013)

Nov. 5, 2013

Nov. 5, 2013

PACER
28

Minute Entry for MOTION HEARING AND PRELIMINARY PRETRIAL CONFERENCE held before Honorable Keith Strong 11/08/13; with Counsel Jon E. Ellingson, James Park Taylor, and M. Laughlin McDonald appearing on behalf of Plaintiffs; and, Tony C. Koenig appearing on behalf of Defendants. Court begins with Defendants 18 Motion to Dismiss. Counsel Koenig and McDonald w/argument. Court denies motion to dismiss for failure to state a claim. Plaintiffs motion to add County Superintendent to case; oral motion is granted. Court and parties next turn to scheduling deadlines; discuss possibility of mediation. Written Order will be filed. Hearing commenced at 9:49 a.m. and concluded at 10:33 a.m. (Court Reporter Julie Sampson.) (SLR, ) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
29

Minute Entry for proceedings held before Magistrate Keith Strong: Preliminary Pretrial Conference held on 11/8/2013. (SLL, ) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
30

SCHEDULING ORDER: Bench Trial set for 3/10/2014 at 09:00 AM in Charles N. Pray Courtroom, Great Falls, Montana before Judge Dana L. Christensen. Final Pretrial Conference set for 3/10/2014 at 08:30 AM in Great Falls, MT before Judge Dana L. Christensen. Amended Pleadings due by 11/15/2013. Discovery due by 2/22/2014. Joinder of Parties due by 11/15/2013. Signed by Magistrate Keith Strong on 11/12/2013. (SLL, ) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
31

AMENDED COMPLAINT against All Defendants, filed by Ronald Jackson. (Taylor, James) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

Clearinghouse
32

Summons Issued by Missoula Clerk's Office as to Defendant Pat Stennes. Original issued Summons provided to Plaintiff's counsel. (SLR, ) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
33

NOTICE of Appearance by Jordan W. Knudsen on behalf of PAT STENNES (Knudsen, Jordan) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
34

ACKNOWLEDGEMENT OF SERVICE Executed By Counsel Acknowledgement filed by PAT STENNES. (Knudsen, Jordan) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER

Set Deadlines: Pat Stennes' Answer due 12/11/2013. (SLR, )

Nov. 20, 2013

Nov. 20, 2013

PACER
35

ANSWER to 31 Amended Complaint by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

Clearinghouse
36

ANSWER to 31 Amended Complaint by PAT STENNES. (Knudsen, Jordan) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
37

First MOTION for Summary Judgment James Park Taylor appearing for Plaintiff Ronald Jackson Motions referred to Keith Strong. (Taylor, James) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

Clearinghouse
38

Brief in Support of 37 Motion for Summary Judgment James Park Taylor appearing for Plaintiff Ronald Jackson Motions referred to Keith Strong. (Attachments: # 1 Exhibit Email re substitution of Clerk) (Taylor, James) Modified on 12/9/2013 to correct title and create link to motion. (SLR, ). (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
39

Notice of Correction: re 38 Brief in Support of Motion for Summary Judgment . The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (SLR, ) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
40

ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Morris for all further proceedings. Judge Dana L. Christensen no longer assigned to case. Signed by Judge Dana L. Christensen on 12/19/2013. (SLR, ) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
41

RESPONSE to Motion re 38 Brief in Support of Motion for Summary Judgment filed by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 12/27/2013)

Dec. 27, 2013

Dec. 27, 2013

PACER
42

RESPONSE to Motion re 38 Brief in Support of Motion for Summary Judgment, 37 First MOTION for Summary Judgment filed by PAT STENNES. (Attachments: # 1 Affidavit Sworn Statement of Clayton Vine Regarding School District Population) (Knudsen, Jordan) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
43

Unopposed MOTION to Substitute Party and Change Caption James Park Taylor appearing for Plaintiffs Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead Motions referred to Keith Strong. (Attachments: # 1 Text of Proposed Order) (Taylor, James) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
44

REPLY to Response to Motion re 37 First MOTION for Summary Judgment filed by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Taylor, James) Modified on 1/7/2014 to clarify exhibits. (SLR, ). (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
45

ORDER granting 43 Motion to Substitute Party. Naomi Erickson (in her official capacity as School District Clerk and Election Administrator) terminated. Signed by Magistrate Keith Strong on 1/9/2014. (SLL, ) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
46

ORDER Setting Hearing on Motion 37 First MOTION for Summary Judgment : Motion Hearing set for 1/23/2014 at 02:00 PM in Chief Mountain Courtroom, Great Falls, MT before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 1/14/2014. (SLL, ) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER

Remark: Counsel is reminded that this case was reassigned to Judge Morris per 40 Order dated 12/19/13. Please use CV-13-65-GF-BMM-RKS for all further filings. Judge Strong is the referral judge for all pretrial matters in this case. Please contact the Clerk's Office at (406) 727-1922 with any questions or concerns. Thank you. (SLR, )

Jan. 15, 2014

Jan. 15, 2014

PACER
47

Minute Entry for MOTION HEARING held before Honorable Keith Strong 1/23/14; with Counsel Jon E. Ellingson, James Park Taylor, and M. Laughlin McDonald appearing on behalf of Plaintiffs; Tony C. Koenig appearing on behalf of Defendants Board of Trustees of Wolf Point, Montana; and, Jordan Knudsen on behalf of Defendant Pat Stennes, County Superintendent of Schools for Roosevelt County. This hearing is with regard to 37 Plaintiffs Motion for Summary Judgment. This Court cannot rule on the motion; findings and recommendations will be submitted to Judge Morris for consideration. Court w/overview of issues. Court and parties agree that there are violations with regard to Count I, and that Count II is moot. With regard to a remedy, Court and parties discuss mediation and a Consent Decree. Proposed remedy and brief in support will be due 2/14/14, with responses due 2/21/14. Hearing on remedy, if necessary, is set for 2/24/14 at 9:00 a.m. Hearing commenced at 1:57 p.m. and concluded at 2:36 p.m.. (Court Reporter FTR Gold Recorded.) (SLR, ) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER

Set Hearings: Evidentiary Hearing set for 2/24/2014 at 09:00 AM in Great Falls, MT before Magistrate Keith Strong. (SLR, )

Jan. 23, 2014

Jan. 23, 2014

PACER
48

ORDER REFERRING CASE to Jeremiah C. Lynch for the purpose of conducting a settlement conference. Signed by Magistrate Keith Strong on 1/24/2014. (SLL, ) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
49

FINDINGS AND RECOMMENDATIONS re 37 First MOTION for Summary Judgment filed by Ronald Jackson. Signed by Magistrate Keith Strong on 1/24/2014. (SLL, ) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

Clearinghouse
50

The parties shall submit proposed remedies and supporting briefs on or before February 14, 2014. The parties may file briefs in response to the proposed remedies on or before February 21, 2014. Oral argument on proposed remedies shall be held before United States Magistrate Keith Strong on February 24, 2014, at 9:00 in the Chief Mountain Courtroom, in the Missouri River Federal Courthouse in Great Falls, Montana. Signed by Magistrate Judge Keith Strong on January 24, 2014. (SLL, ) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
51

Order Setting: Telephonic Scheduling Conference set for 1/27/2014 at 01:30 PM in Missoula, MT before Jeremiah C. Lynch. Signed by Jeremiah C. Lynch on 1/24/2014. (TXB, ) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
52

Minute Entry for proceedings held before Jeremiah C. Lynch: Telephonic Scheduling Conference held on 1/27/2014. (TXB, ) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
53

Order Setting: Settlement Conference set for 2/19/2014 at 09:00 AM in Missoula, MT before Jeremiah C. Lynch. Signed by Jeremiah C. Lynch on 1/27/2014. (TXB, ) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
54

TEXT Order Setting: Telephonic Status Conference set for 2/14/2014 at 11:00 AM in Missoula, MT before Jeremiah C. Lynch, for the purpose of discussing matters related to the settlement conference. All counsel shall call 1-877-336-1839 at the designated time to participate in the conference. When prompted, enter the access code 7360693 followed by #. Signed by Jeremiah C. Lynch on 2/13/2014. (TXB, ) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
55

Minute Entry for proceedings held before Jeremiah C. Lynch: Telephonic Status Conference held on 2/14/2014. (TXB, ) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
56

Brief/Memorandum in Support re 50 Order Setting Hearing on Motion, filed by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Ellingson, Jon) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
57

Brief/Response to Order re 50 Order Setting Hearing on Motion, School District Defendants' Proposed Remedy filed by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Cheri Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
58

Brief/Memorandum in Support re 57 Brief/Response to Order, School District Defendants' Brief in Support of Proposed Remedy filed by Ed Bach, Board of Trustees of Wolf Point, Montana, School District No. 45-45A, Jaronn Boysun, Martin Dewitt, Naomi Erickson, Tracy Juve-Miranda, Brent Nygard, Cheri Nygard, Glenn Strader, Janice Wemmer-Kegley. (Koenig, Tony) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
59

Brief/Response to Order Defendant County Superintendent of Schools Proposed Remedy filed by PAT STENNES. (Knudsen, Jordan) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
60

Brief/Memorandum in Support re 59 Brief/Response to Order Defendant's Brief in Support of Proposed Remedy filed by PAT STENNES. (Attachments: # 1 Affidavit Affidavit of Pat Stennes, # 2 Affidavit Affidavit of Clayton Vine with Report, # 3 Affidavit Affidavit of Tracy Juve-Miranda with Report, # 4 Affidavit Affidavit of Wade Creighton, # 5 Exhibit Exhibit of Proposed District to Elect 5 Trustees, # 6 Exhibit Exhibit of Proposed District to Elect 3 Additional Trustees) (Knudsen, Jordan) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
62

Minute Entry for proceedings held before Jeremiah C. Lynch: Settlement Conference held on 2/19/2014. (TCL, ) (Entered: 02/20/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
61

TEXT ORDER: Based upon the progress made during the mediation, the hearing set for Monday, February 24, 2014 is vacated and reset for Monday, March 3, 2014 at 9:00 a.m. at the Missouri River Federal Courthouse, Great Falls, Montana. Signed by Magistrate Keith Strong on 2/20/2014. (SLL, ) Modified on 2/20/2014 to add words "Text Order". (SLR, ). (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
63

TEXT ORDER: If further briefing becomes necessary, response briefs are not contemplated. They may be filed by the end of the on Friday, February 28, 2014. Signed by Magistrate Keith Strong on 2/20/2014. (SLL, ) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
64

Brief/Response to Order re 60 Brief/Memorandum in Support,, 58 Brief/Memorandum in Support, 57 Brief/Response to Order, 59 Brief/Response to Order, 50 Order Setting Hearing on Motion, filed by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Ellingson, Jon) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
65

Unopposed MOTION for Telephonic Conference Jon E. Ellingson appearing for Plaintiffs Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead Motions referred to Keith Strong. (Attachments: # 1 Exhibit Proposed Order) (Ellingson, Jon) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
66

ORDER granting 65 Motion for a telephonic conference. IT IS ORDERED that the hearing scheduled for March 3, 2014 is VACATED and postponed to a later date as determined by the Court. IT IS ALSO ORDERED that the parties be allowed to participate in a telephonic conference with the Court on March 3, 2014 at 9:00 a.m. concerning the remaining issues in this litigation. Counsel for the Plaintiffs will initiate the telephone call. Telephonic conference will be held in Chief Mountain Courtroom, on the record with a courtroom deputy and FTR Gold. Signed by Magistrate Judge Keith Strong on 2/27/2014. (SLL, ) Modified on 2/27/2014 to add text from Order. (SLR, ). (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
67

Minute Entry for TELEPHONIC STATUS CONFERENCE held before Honorable Keith Strong 3/03/2014; with Counsel Jon E. Ellingson and M. Laughlin McDonald appearing on behalf of Plaintiffs; Tony C. Koenig appearing on behalf of Defendants Board of Trustees of Wolf Point, Montana School District, Martin Dewitt, Tracy Juve-Miranda, Glenn Strader, Janice Wemmer-Kegley, Jaronn Boysun, Brent Nygard, Ed Bach, Naomi Erickson, and Cheri Nygard; and, Jordan W. Knudsen appearing on behalf of Defendant Pat Stennes. All Counsel are appearing telephonically. Court and parties discuss the deadlines for the filing of a Consent Decree, as well as fee and cost documents. March 14th deadline set to have the Consent Decree or Status Report submitted. Plaintiffs shall file and serve their cost and fee documents at that time as well. Court will issue a written Order. (Court Reporter FTR Gold Recorded.) (SLR, ) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
68

TEXT ORDER: The parties shall file an agreed consent order on or before March 14, 2014, or a detailed status report. The Plaintiffs shall file all moving papers to support the request for costs and attorney fees on or before March 14, 2014, if the parties have filed their proposed consent decree by that date. Signed by Magistrate Judge Keith Strong on 3/3/2014. (SLL, ) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
69

TEXT ORDER: Vacating Bench Trial and Final Pretrial Conference set for Monday, March 10, 2014. Signed by Judge Brian Morris on 3/3/2014. (SLL, ) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
70

Proposed Consent Decree by Defendants and by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit Exhibit A) (Ellingson, Jon) (Entered: 03/13/2014)

1 Exhibit Exhibit A

View on PACER

March 13, 2014

March 13, 2014

Clearinghouse
71

MOTION for Attorney Fees Jon E. Ellingson appearing for Plaintiffs Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead Motions referred to Keith Strong. (Ellingson, Jon) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

Clearinghouse
72

Brief/Memorandum in Support re 71 MOTION for Attorney Fees filed by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit 1 - Declaration of Ron Jackson) (Ellingson, Jon) Modified on 3/14/2014 to clarify Exhibit 1. (SLR, ). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
73

AFFIDAVIT/DECLARATION of M. Laughlin McDonald re 71 MOTION for Attorney Fees by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit 1 - statement of hours and services, # 2 Exhibit 2 - District Court Order, # 3 Exhibit 3 - Daily Report - 3-25-13, # 4 Exhibit 4 - McBride statement of hours, # 5 Exhibit 5 - list of expenses) (Ellingson, Jon) Modified on 3/14/2014 to clarify exhibits. (SLR, ). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
74

AFFIDAVIT/DECLARATION of Jon Ellingson re 71 MOTION for Attorney Fees by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 1-B, # 3 Exhibit 2) (Ellingson, Jon) Modified on 3/14/2014 to clean up text. (SLR, ). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
75

AFFIDAVIT/DECLARATION of James Park Taylor re 71 MOTION for Attorney Fees by Lanette M. Clark, Ronald Jackson, Ruth Jackson, Robert Manning, Patricia McGeshick, Lawrence Wetsit, Bill Whitehead. (Attachments: # 1 Exhibit 1) (Ellingson, Jon) Modified on 3/14/2014 to clean up text. (SLR, ). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
76

FINDINGS AND RECOMMENDATIONS TO ADOPT 70 PROPOSED CONSENT DECREE re 68 Text Order. Judge Magistrate Keith Strong termed case no longer referred. Signed by Magistrate Judge Keith Strong on 3/14/2014. (SLR, ) Modified on 3/14/2014 to create association to 70 . (SLR, ). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

Clearinghouse
77

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 76 Findings and Recommendations, 70 Proposed Consent Decree filed by Ronald Jackson, Lawrence Wetsit, Ruth Jackson, Bill Whitehead, Patricia McGeshick, Lanette M. Clark, Robert Manning. Signed by Judge Brian Morris on 4/9/2014. (SLL, ) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

Clearinghouse
78

CONSENT DECREE. Signed by Judge Brian Morris on 4/11/2014. (Attachments: # 1 Exhibit A) (SLR, ) (Entered: 04/14/2014)

1 Exhibit A

View on RECAP

April 11, 2014

April 11, 2014

Clearinghouse
79

CLERK'S JUDGMENT. See the 78 Consent Decree filed by the Court on 4/11/14. (SLR, ) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
80

FINDINGS AND RECOMMENDATIONS re 71 MOTION for Attorney Fees filed by Ronald Jackson, Lawrence Wetsit, Ruth Jackson, Bill Whitehead, Patricia McGeshick, Lanette M. Clark, Robert Manning. Signed by Magistrate Judge Keith Strong on 4/21/2014. (SLL, ) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

Clearinghouse
81

Plaintiffs' Response to 80 Findings and Recommendations to Grant Plaintiffs' Motion for Attorney Fees. Re Fees filed by Ronald Jackson. (Taylor, James) Modified on 4/25/2014 to clean up text. (SLR, ). (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
82

IT IS HEREBY ORDERED that Judge Strongs findings and recommendations, Doc. 80, are ADOPTED with the modification that the Plaintiffs shall receive $137,587.61 instead of $135,921.61. Judgment shall be entered accordingly. Signed by Judge Brian Morris on 5/6/2014. (SLL, ) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

Clearinghouse
83

AMENDED CLERK'S JUDGMENT: See the Consent Decree signed by the Court on 4/11/14 78 . IT IS HEREBY ORDERED that Judge Strong's Findings and Recommendations 80 are ADOPTED with the modification that the Plaintiffs shall receive $137,587.61 instead of $135,921.61. (SLR, ) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER

Case Details

State / Territory: Montana

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 7, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

American Indian voters located in Wolf Point, Montana

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Board of Trustees of Wolf Point, Montana School District No. 45-45A, School District

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Redistricting

Amount Defendant Pays: $137,587.61

Order Duration: 2014 - None

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Voting:

Vote dilution

Voting: General & Misc.