Case: Montana Green Party v. Stapleton

6:18-cv-00087 | U.S. District Court for the District of Montana

Filed Date: Aug. 13, 2018

Closed Date: March 30, 2022

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Case Summary

This case involved the State of Montana’s signature requirement for the recognition of a political party, particularly Montana’s per-legislative-district signature requirement. On August 13, 2018, eight residents and registered voters in the State of Montana, along with the Montana Green Party, filed suit in the U.S. District Court for the District of Montana (Helena). The Defendant is the Secretary of State for the State of Montana. Plaintiffs were represented by private counsel. Plaintiffs ci…

This case involved the State of Montana’s signature requirement for the recognition of a political party, particularly Montana’s per-legislative-district signature requirement.

On August 13, 2018, eight residents and registered voters in the State of Montana, along with the Montana Green Party, filed suit in the U.S. District Court for the District of Montana (Helena). The Defendant is the Secretary of State for the State of Montana. Plaintiffs were represented by private counsel. Plaintiffs cited the First Amendment, the Fourteenth Amendment and 42 U.S.C. § 1983. The case was assigned to Judge Brian Morris.

Plaintiffs had three key allegations. First, the application and enforcement of MCA § 13-10-601(2)(a), (b), (c) and (d), as applied to the 2018 Montana General Election and all subsequent Montana General Elections, set an unconstitutional early deadline 85 days before the Federal Primary Election. Second, the State of Montana’s petition signature distribution requirement was oppressive, unequal and lacks any constitutional compelling state interest. Third, the enforcement of MCA § 13-10-601(2)(b), (c) and (d) denied the Montana Green Party and individual Montana registered voters who supported the Montana Green Party the rights to political association, First Amendment free speech, equal protection, and free and equal elections. Plaintiffs sought for MCA § 13-10-601(2)(b), (c) and (d) to be deemed illegal and unconstitutional. Plaintiffs also sought injunctive relief to prohibit the Secretary of State for the State of Montana from enforcing an unconstitutionally early deadline for submissions of petitions to recognize a new political party in Montana and an unconstitutional petition signature distribution requirement, and therefore, ordering the Secretary of State for the State of Montana to recognize the Montana Green Party and place its nominees on the 2018 Montana General Election ballot.

On October 18, 2018, the Defendant filed a motion to dismiss for a failure to state a claim and a brief in support of such motion. Defendant argued that Plaintiffs failed to provide fair notice of the Plaintiffs’ legal theory or sufficient facts supporting the legal theory is inadequate and should be dismissed. On January 8, 2019, the District Court conducted a hearing on Defendant’s Motion to Dismiss and ordered that the Defendant’s motion to dismiss is denied and that Plaintiffs shall file an amended complaint that complies with Fed R. Civ. P. 8(a), which was filed by the Plaintiffs on January 14, 2019.

On January 29, 2019, the case was referred to Judge John Johnston, United States Magistrate Judge, to conduct all necessary hearings and submit to Judge Brian Morris proposed findings of fact and recommendations for the disposition of all motions.

On September 18, 2019, the Plaintiffs filed a motion for summary judgment on the grounds that no genuine triable issue of material fact existed, and that the Plaintiffs were entitled to judgment as a matter of law. On September 27, 2019, the Defendant filed a motion of summary judgement on the basis that no genuine disputes of material fact existed and the Defendant was entitled to summary judgement as a matter of law.

On February 28, 2020, the Magistrate Judge John Johnston recommended that the Defendant’s motion for summary judgment should be granted and that the Plaintiffs’ motion for summary judgment should be denied. On March 20, 2020, Judge Brian Morris adopted Judge Johnston’s findings and recommendations.

On April 15, 2020, the Defendants submitted a notice of appeal to the United States Court of Appeals for the Ninth Circuit (docket no. 20-35340). On August 17, 2021 the United States Court of Appeals for the Ninth Circuit ordered that Appellants submit supplemental briefs to address the amended ballot access scheme of the State of Montana.

On November 8, 2021, the United States Court of Appeals for the Ninth Circuit filed an opinion, pursuant to which the panel affirmed the District Court’s grant of summary judgment on the First and Fourteenth Amendment claims and reversed the District Court’s summary judgment on the Fourteenth Amendment equal protection claim.

On March 1, 2022, the parties submitted a joint motion for entry of consent judgment, pursuant to which the parties request the District Court approve and enter into a proposed consent judgment considering the decision of the U.S. Court of Appeals for the Ninth Circuit in Montana Green Party v. Jacobsen, 17 F.4th 919 (9th Cir. 2021). On March 30, 2022, the District Court granted the joint motion and entered a judgment in favor of the Plaintiffs and against the Defendant, declaring Mont. Code Ann. § 13-10-606(2) unconstitutional to the extent it is in violation of one person, one vote, permanently enjoining the Defendant from enforcing unequal petition distribution requirements and ordering the Defendant to recognize the Montana Green Party as a political party in the State of Montana for the Montana election cycle in 2022.

Summary Authors

(9/16/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7653494/parties/montana-green-party-v-jacobsen/


Judge(s)

Morris, Brian Matthew (Montana)

Attorney for Plaintiff

Bannigan, Kristin B. (Montana)

Linger, James C. (Montana)

Attorney for Defendant

Cochenour, Matthew T. (Montana)

Mead, Brent Adam (Montana)

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Documents in the Clearinghouse

Document
1

6:18-cv-00087

Complaint

Aug. 13, 2018

Aug. 13, 2018

Complaint
12

6:18-cv-00087

Defendant's Brief in Support of Motion to Dismiss Under Fed.R.Civ.P 12(b)(6)

Oct. 18, 2018

Oct. 18, 2018

Pleading / Motion / Brief
11

6:18-cv-00087

Defendant's Motion to Dismiss Under Fed.R.Civ.P 12(b)(6)

Oct. 18, 2018

Oct. 18, 2018

Pleading / Motion / Brief
13

6:18-cv-00087

Plaintiffs' Brief in Opposition to Defendant's Motion to Dismiss Under Fed.R.Civ.P 12(b)(6)

Nov. 8, 2018

Nov. 8, 2018

Pleading / Motion / Brief
27

6:18-cv-00087

Order Denying Defendant's Motion to Dismiss and Instructing Plaintiff to file Amended Complaint

Jan. 8, 2019

Jan. 8, 2019

Order/Opinion
29

6:18-cv-00087

First Amended Complaint

Jan. 14, 2019

Jan. 14, 2019

Complaint
42

6:18-cv-00087

Defendant's Brief in Support of Motion for Summary Judgment

Sept. 27, 2019

Sept. 27, 2019

Pleading / Motion / Brief
50

6:18-cv-00087

Plaintiffs' Brief in Opposition to Defendant's Motion for Summary Judgment

Oct. 18, 2019

Oct. 18, 2019

Pleading / Motion / Brief
63

6:18-cv-00087

Findings and Recommendations

Feb. 28, 2020

Feb. 28, 2020

Findings Letter/Report
65

6:18-cv-00087

Order Adopting Magistrate Judge's Findings and Recommendations

March 20, 2020

March 20, 2020

Order/Opinion

447 F.Supp.3d 979

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7653494/montana-green-party-v-jacobsen/

Last updated Oct. 13, 2025, 9:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Corey Stapleton filed by Steve Kelly, Danielle Breck, Harry C. Hoving, Doug Campbell, Adrien Owen Wagner, Tamara R. Thompson, Montana Green Party, Antonio Morsette, Cheryl Wolfe. (Attachments: # 1 Civil Cover Sheet) (JEC) (Entered: 08/13/2018)

1 Civil Cover Sheet

View on PACER

Aug. 13, 2018

Aug. 13, 2018

Clearinghouse
2

MOTION James C. Linger to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2178349.) Quentin M. Rhoades appearing for Plaintiffs Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson (Attachments: # 1 Affidavit Affidavit of James C. Linger) (Rhoades, Quentin) Modified on 8/14/2018 to correct receipt number information (HEG). (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

Filing fee: $ 400.00, receipt number 0977-2178241. (JEC)

Aug. 13, 2018

Aug. 13, 2018

3

Notice of Correction: re 2 MOTION James C. Linger to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2178349.) The filing error relates to: No Proposed Order submitted. See the attached document for a brief description of the error made. (JEC) Modified on 8/14/2018 to correct receipt number information (HEG). (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

4

Submission of Proposed Order re: 2 Motion for Admission Pro Hac Vice of James C. Linger by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Rhoades, Quentin) Modified on 8/14/2018 to update event text due to incorrect event used during e-filing and link to motion (HEG). (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

5

ORDER granting 2 Motion to Appear Pro Hac Vice. Acknowledgment of PHV Order due by 9/5/2018. Copy of Affidavit provided to S. N. to add attorney information. Signed by Judge Brian Morris on 8/21/2018. (HEG)

Aug. 21, 2018

Aug. 21, 2018

Clearinghouse
6

Letter from Clerk of Court, Tyler P. Gilman regarding the requirements of CM/ECF Registration. Copy of Order 5 and letter mailed to counsel. (HEG) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

Remark: Electronic notification for PHV Linger termed pending CM/ECF Registration. (HEG)

Aug. 21, 2018

Aug. 21, 2018

Remark: PHV counsel James Linger is now a registered e-filer and will receive electronic notifications. (HEG)

Aug. 22, 2018

Aug. 22, 2018

7

Notice of Acknowledgment of Pro Hac Vice Order. James C. Linger appearing for Plaintiffs Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. Modified on 8/27/2018 to update docket event text due to incorrect event selected during e-filing (HEG). (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

8

Notice of Correction: re 7 MOTION James C. Linger to Appear Pro Hac Vice Acknowledgment and Acceptance of Terms of Admission ( Filing fee $ 255 receipt number 0977-2178349.). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (HEG) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

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9

WAIVER OF SERVICE Returned Executed by Steve Kelly, Danielle Breck, Harry C. Hoving, Doug Campbell, Adrien Owen Wagner, Tamara R. Thompson, Montana Green Party, Antonio Morsette, Cheryl Wolfe. Corey Stapleton waiver sent on 8/21/2018, answer due 10/22/2018. (Rhoades, Quentin) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

10

NOTICE of Appearance by Matthew T. Cochenour on behalf of Corey Stapleton (Cochenour, Matthew) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Matthew T. Cochenour appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Cochenour, Matthew) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

Clearinghouse
12

Brief/Memorandum in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corey Stapleton. (Cochenour, Matthew) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

Clearinghouse
13

RESPONSE to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson. (Linger, James) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

Clearinghouse
14

ORDER Setting Hearing on Motion 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 1/8/2019 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Order Setting: Joint Discovery Plan due by 1/3/2019; Preliminary Pretrial Statement due by 1/3/2019; Statement of Stipulated Facts due by 1/3/2019. Please see order for complete details. Signed by Magistrate Judge John Johnston on 11/14/2018. (HEG) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

15

Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Matthew T. Cochenour appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Cochenour, Matthew) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

16

ORDER granting 15 Motion for Extension of Time to File Reply re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Replies due by 11/29/2018. Signed by Magistrate Judge John Johnston on 11/19/2018. (HEG) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

17

REPLY to Response to Motion re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corey Stapleton. (Cochenour, Matthew) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

18

NOTICE of Appearance by Hannah E. Tokerud on behalf of Corey Stapleton (Tokerud, Hannah) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

19

STATEMENT OF STIPULATED FACTS by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

20

PRELIMINARY PRETRIAL STATEMENT by Corey Stapleton. (Tokerud, Hannah) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

21

JOINT DISCOVERY PLAN by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

22

PRELIMINARY PRETRIAL STATEMENT by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

23

Unopposed MOTION for Leave to Appear allowing counsel to attend the preliminary pretrial conference and hearing by telephone James C. Linger appearing for Plaintiffs Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe Motions referred to John Johnston. (Attachments: # 1 Order Granting Plaintiffs' Unopposed Motion to Allow Counsel to Attend the Preliminary Pretrial Conference and Hearing by Telephone) (Linger, James) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

Set/Reset Hearings: Pretrial Conference set for 1/8/2019 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. (SLL)

Jan. 7, 2019

Jan. 7, 2019

24

ORDER granting 23 Motion for Leave to Appear by telephone. Counsel, James C. Linger, is allowed to attend the preliminary pretrial conference and hearing by telephone. Mr. Linger will contact the court with his telephone number for the Court to call at the time of the hearing. Signed by Magistrate Judge John Johnston on 1/8/2019. (HEG)

Jan. 8, 2019

Jan. 8, 2019

Clearinghouse
25

Mailing of Consent of Magistrate Judge John Johnston as Presiding Judge. Handed to counsel Quentin M. Rhoades and Matthew T. Cochenour prior to motion hearing held 1/8/2019. Consent/Objection to USMJ Form due by 1/25/2019. (TLO) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

26

MINUTE ENTRY for HEARING ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Corey Stapleton and PRELIMINARY PRETRIAL CONFERENCE held 1/8/2019 before Magistrate Judge John Johnston. Counsel Tokerud and Counsel Cochenour present in person on behalf of Defendant. Counsel Rhoades present in person and counsel Linger present by telephone on behalf of defendants. Counsel Cochenour with argument as to motion to dismiss 11 . Counsel Linger with response. Court orders Amended Complaint to be filed by 1/16/2019. Court proceeds to preliminary pretrial conference, has prepared order and states dates. Hearing commenced at 2:00 and concluded at 2:22. (Court Reporter FTR Gold Recorded.) (Law Clerk: Hammer), (Hearing held in Great Falls, Chief Mtn Crtroom) (TLO) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

27

ORDER denying 11 Motion to Dismiss for Failure to State a Claim. Plaintiffs shall file an Amended Complaint that complies with Fed. R. Civ. P. 8(a) on or before January 16, 2019. Signed by Magistrate Judge John Johnston on 1/8/2019. (HEG)

Jan. 8, 2019

Jan. 8, 2019

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28

SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 2/15/2019. Discovery due by 7/19/2019. Motions due by 10/18/2019. Proposed Pretrial Order due by 12/2/2019. Bench Trial set for 12/17/2019 at 09:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Magistrate Judge John Johnston on 1/8/2019. (HEG) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

Per oral order of court at motion hearing held 1/9/2019, Amended Complaint due by 1/16/2019. (TLO)

Jan. 8, 2019

Jan. 8, 2019

Set Hearings: Final Pretrial Conference set for 12/5/2019 at 11:00 AM in Great Falls, MT before Judge Brian Morris. (HEG)

Jan. 9, 2019

Jan. 9, 2019

29

AMENDED COMPLAINT First Amended Complaint against Corey Stapleton, filed by Steve Kelly, Danielle Breck, Harry C. Hoving, Doug Campbell, Adrien Owen Wagner, Tamara R. Thompson, Montana Green Party, Antonio Morsette, Cheryl Wolfe. (Linger, James) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

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30

ANSWER to 29 Amended Complaint, by Corey Stapleton. (Cochenour, Matthew) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

31

ORDER: Consent to the jurisdiction of the United States Magistrate Judge having been withheld or met with objection, this case remains assigned to Judge Brian Morris and referred to USMJ John T. Johnston. Signed by Judge Brian Morris on 1/29/2019. (HEG)

Jan. 29, 2019

Jan. 29, 2019

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32

NOTICE of Appearance by Kristin B. Bannigan on behalf of All Plaintiffs (Bannigan, Kristin) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

33

NOTICE of Appearance by Patrick M. Risken on behalf of Corey Stapleton (Risken, Patrick) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

34

Unopposed MOTION for Extension of Time to Complete Discovery Unopposed Motion for Extension of Time to Conduct Depositions Matthew T. Cochenour appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Attachments: # 1 Exhibit A-Proposed Order) (Cochenour, Matthew) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

35

ORDERED: Motion 34 is GRANTED. Defendant shall have up to and including July 26, 2019, to conduct depositions. Signed by Judge Brian Morris on 6/18/2019. (HEG) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

36

MOTION for Summary Judgment James C. Linger appearing for Plaintiffs Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe Motions referred to John Johnston. (Linger, James) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

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37

Statement of Undisputed Fact re: 36 MOTION for Summary Judgment . (Attachments: # 1 Exhibit Plaintiffs' Exhibits 1,2,and3, # 2 Exhibit Plaintiffs' Exhibits 4,5,and6, # 3 Exhibit Plaintiffs' Exhibits 7,8,9,and10) (Linger, James) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

38

Brief/Memorandum in Support re 37 Statement of Undisputed Fact, 36 MOTION for Summary Judgment filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

39

MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS. Patrick M. Risken appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Risken, Patrick) Modified on 9/27/2019 to clarify docket text (HEG). (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

40

Brief/Memorandum in Support re 39 MOTION to Strike MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS filed by Corey Stapleton. (Attachments: # 1 Affidavit Declaration of Pat Risken with Exhibits) (Risken, Patrick) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

41

MOTION for Summary Judgment Matthew T. Cochenour appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Cochenour, Matthew) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

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42

Brief/Memorandum in Support re 41 MOTION for Summary Judgment filed by Corey Stapleton. (Attachments: # 1 Exhibit Cochenour Declaration and Exhibits, # 2 Exhibit Corson Declaration and Exhibits, # 3 Exhibit Pearson Declaration and Exhibit) (Cochenour, Matthew) (Entered: 09/27/2019)

1 Exhibit Cochenour Declaration and Exhibits

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2 Exhibit Corson Declaration and Exhibits

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3 Exhibit Pearson Declaration and Exhibit

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Sept. 27, 2019

Sept. 27, 2019

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43

Statement of Undisputed Fact re: 41 MOTION for Summary Judgment by Corey Stapleton filed by Corey Stapleton. (Cochenour, Matthew) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

44

ERRATA 38 Brief/Memorandum in Support, 37 Statement of Undisputed Fact, 36 MOTION for Summary Judgment Plaintiffs' Errata to Motion for Summary Judgment. (Rhoades, Quentin) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

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45

RESPONSE to Motion re 36 MOTION for Summary Judgment filed by Corey Stapleton. (Cochenour, Matthew) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

46

Statement of Disputed Facts re: 45 Response to Motion, 38 Brief/Memorandum in Support, 37 Statement of Undisputed Fact, 36 MOTION for Summary Judgment filed by Corey Stapleton. (Tokerud, Hannah) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

47

RESPONSE to Motion re 39 MOTION to Strike MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Attachments: # 1 Exhibit Plaintiffs' Exhibit 11 selected pages of Winger deposition and Plaintiffs' Exhibit 12 updated Winger CV) (Linger, James) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

48

REPLY to Response to Motion re 39 MOTION to Strike MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS filed by Corey Stapleton. (Risken, Patrick) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

49

Statement of Disputed Facts re: 43 Statement of Undisputed Fact, 41 MOTION for Summary Judgment, 42 Brief/Memorandum in Support, filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

50

RESPONSE to Motion re 41 MOTION for Summary Judgment Plaintiffs' Brief in Opposition to Defendant's Motion for Summary Judgment filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

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51

Certificate of Compliance by Corey Stapleton re 48 Reply to Response to Motion (Risken, Patrick) Modified on 10/21/2019 to correct text(HEG). (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

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52

REPLY to Response to Motion re 36 MOTION for Summary Judgment filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

53

ORDER Setting Hearing on Motion 39 MOTION to Strike MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS, 41 MOTION for Summary Judgment, 36 MOTION for Summary Judgment : Contract Court Reporter is Tina Brilz, Motion Hearing set for 12/5/2019 at 11:00 AM in Great Falls, MT before Magistrate Judge John Johnston. Signed by Magistrate Judge John Johnston on 10/29/2019. (TLO) Modified on 11/1/2019 to add Tina Brilz as coourt reporter(TLO). (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

54

TEXT Order IT IS HEREBY ORDERED that the Final Pretrial Conference is RESET for 12/11/2019 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 11/1/2019. (SLL) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

55

REPLY to Response to Motion re 41 MOTION for Summary Judgment filed by Corey Stapleton. (Cochenour, Matthew) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

56

Joint MOTION to Vacate 54 Order Setting, Order Vacating, 28 Scheduling Order, Matthew T. Cochenour appearing for Defendant Corey Stapleton Motions referred to John Johnston. (Attachments: # 1 Proposed Order) (Cochenour, Matthew) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

57

ORDERED: The parties' Joint Motion to Vacate Trial and Scheduling OrderDeadlines (Doc. 56) is GRANTED. The final pretrial conference scheduled for December 11, 2019, and the bench trial scheduled for December 17, 2019, are VACATED. All remaining pretrial deadlines are VACATED. Signed by Magistrate Judge John Johnston on 11/12/2019. (HEG)

Nov. 12, 2019

Nov. 12, 2019

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58

Order Setting: The Court will conduct a telephonic status conference on 11/25/2019 at 11:00 AM before Magistrate Judge John Johnston for the purpose of discussing the parties' cross-motions for summary judgment. The Court will provide the parties with the call-in number. Signed by Magistrate Judge John Johnston on 11/19/2019. (HEG) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

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59

MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Status Conference held on 11/25/2019. (Law Clerk: B. Hammer), (SLL) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

60

ORDERED: The parties shall file a joint statement of undisputed facts on or before 5:00 p.m. on December 3, 2019. Signed by Magistrate Judge John Johnston on 11/25/2019. (HEG)

Nov. 25, 2019

Nov. 25, 2019

Clearinghouse
61

Statement of Undisputed Fact re: 43 Statement of Undisputed Fact, 49 Statement of Disputed Facts, 46 Statement of Disputed Facts, 37 Statement of Undisputed Fact, 60 Order, Set Deadlines, 19 Statement of Stipulated Facts. (Linger, James) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

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63

FINDINGS AND RECOMMENDATIONS re 39 MOTION to Strike MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS EXPERT WITNESS filed by Corey Stapleton, 36 MOTION for Summary Judgment filed by Adrien Owen Wagner, Antonio Morsette, Cheryl Wolfe, Doug Campbell, Tamara R. Thompson, Harry C. Hoving, Steve Kelly, Danielle Breck, Montana Green Party, 41 MOTION for Summary Judgment filed by Corey Stapleton. Magistrate Judge John Johnston termed, case no longer referred. Signed by Magistrate Judge John Johnston on 2/28/2020. (TLO)

Feb. 28, 2020

Feb. 28, 2020

Clearinghouse
64

OBJECTION to 63 Findings and Recommendations filed by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. (Linger, James) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

65

ORDER ADOPTING MAGISTRATE JUDGES FINDINGS AND RECOMMENDATIONS. 1. Judge Johnstons Findings and Recommendations (Doc. 63) are ADOPTED IN FULL. 2. Defendants Motion for Summary Judgment (Doc. 41) is GRANTED. 3. Plaintiffs Motion for Summary Judgment (Doc. 36) is DENIED. 4. Defendants Motion to Exclude the Opinions of Plaintiffs Expert Witnesses (Doc. 39) is DENIED as moot. Signed by Judge Brian Morris on 3/20/2020. (HEG)

March 20, 2020

March 20, 2020

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66

CLERK'S JUDGMENT in favor of Defendants. Signed by Clerk on 3/20/2020. (HEG)

March 20, 2020

March 20, 2020

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67

NOTICE OF APPEAL as to 66 Clerk's Judgment, 65 Order on Motion for Summary Judgment,, Order on Motion to Strike,,,, Order on Findings and Recommendations, by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe. Filing fee $ 505, receipt number 0977-2469473. (Linger, James) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

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68

USCA Case Number 20-35340 and Time Scheduling Order for 67 Notice of Appeal, filed by Adrien Owen Wagner, Antonio Morsette, Cheryl Wolfe, Doug Campbell, Tamara R. Thompson, Harry C. Hoving, Steve Kelly, Danielle Breck, Montana Green Party. (HEG) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

USCA Case Number

April 15, 2020

April 15, 2020

69

TRANSCRIPT DESIGNATION ORDER FORM by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe for proceedings held on December 5, 2019 before Judge John Johnston. Court reporter Tina Brilz. Type of transcript: 30-Day. Transcript due by 6/15/2020. (Linger, James) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

70

TRANSCRIPT of Motion re 62 Motion Hearing held on 12/5/2019 before Judge Johnston. Transcript may be viewed at the court public terminal or purchased through the court reporter 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 7 DAYS OF THIS FILING. Contact court reporter Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (TLO) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

71

NOTICE of Withdrawal of Counsel: Kristin B. Bannigan withdrawing from the case, filed by Montana Green Party (Rhoades, Quentin) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

72

NOTICE of Withdrawal of Counsel: Matthew T. Cochenour withdrawing from the case, filed by Corey Stapleton (Cochenour, Matthew) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

73

ORDER of USCA as to 67 Notice of Appeal, filed by Adrien Owen Wagner, Antonio Morsette, Cheryl Wolfe, Doug Campbell, Tamara R. Thompson, Harry C. Hoving, Steve Kelly, Danielle Breck, Montana Green Party. (HEG) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

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74

MEMORANDUM of USCA as to 67 Notice of Appeal, AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. (EMH) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

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75

NOTICE of Substitution of Counsel by Corey Stapleton (Mead, Brent) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

76

MANDATE of USCA as to 67 Notice of Appeal, filed by Adrien Owen Wagner, Antonio Morsette, Cheryl Wolfe, Doug Campbell, Tamara R. Thompson, Harry C. Hoving, Steve Kelly, Danielle Breck, Montana Green Party. (HEG) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

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77

ORDER of USCA as to 67 Notice of Appeal, filed by Adrien Owen Wagner, Antonio Morsette, Cheryl Wolfe, Doug Campbell, Tamara R. Thompson, Harry C. Hoving, Steve Kelly, Danielle Breck, Montana Green Party. Appellants alternative motion to transfer consideration of attorneys fees on appeal to the District Court is hereby GRANTED. (HEG) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

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78

Joint MOTION for Consent Decree for entry of Consent Judgment James C. Linger appearing for Plaintiffs Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe (Attachments: # 1 Exhibit Consent Judgment) (Linger, James) (Entered: 03/01/2022)

1 Exhibit Consent Judgment

View on RECAP

March 1, 2022

March 1, 2022

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79

CONSENT JUDGMENT regarding 78 Motion for Consent Decree. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 3/30/2022. (MMS)

March 30, 2022

March 30, 2022

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80

NOTICE by Danielle Breck, Doug Campbell, Harry C. Hoving, Steve Kelly, Montana Green Party, Antonio Morsette, Tamara R. Thompson, Adrien Owen Wagner, Cheryl Wolfe Notice of Partial Satisfaction of Cost Judgment (Rhoades, Quentin) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

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. 13, 2018

Closing Date: March 30, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Political Party

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Montana, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

District of Montana 6:18-cv-00087

U.S. Court of Appeals for the Ninth Circuit 20-35340

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $69,915.22

Issues

Voting:

Candidate qualifications

Challenges to at-large/multimember district/election