Case: The Imperial Sovereign Court of the State of Montana v. Knudsen

2:23-cv-00050 | U.S. District Court for the District of Montana

Filed Date: July 7, 2023

Case Ongoing

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Case Summary

In May 2023, Montana Governor Greg Gianforte signed House Bill 359 (“HB 359”) into law, banning “drag story hours” in schools and libraries and prohibiting businesses and state-funded entities from allowing minors to see “sexually oriented performances.” Any library, school, library or school personnel, or public employee convicted of violating the act would be fined $5,000. Moreover, any minor who attended a drag story hour would be able to sue within 10 years and would be guaranteed statutory…

In May 2023, Montana Governor Greg Gianforte signed House Bill 359 (“HB 359”) into law, banning “drag story hours” in schools and libraries and prohibiting businesses and state-funded entities from allowing minors to see “sexually oriented performances.” Any library, school, library or school personnel, or public employee convicted of violating the act would be fined $5,000. Moreover, any minor who attended a drag story hour would be able to sue within 10 years and would be guaranteed statutory damages of $5,000 and attorney’s fees and costs. Violators of the rules governing “sexually oriented performances” faced mandatory criminal fines of various amounts and civil liability. In response to HB 359, the city and county of Butte-Silver Bow, Montana, canceled a lecture set to be delivered at a local public library by a transgender advocate.

On July 7, 2023, the transgender advocate, a Montana public school teacher, and a group of businesses and nonprofit organizations from across the state filed a suit in the U.S. District Court for the District of Montana against the chief executive of Butte-Silver Bow, the state attorney general, and the state superintendent of public instruction. In their complaint, Plaintiffs alleged that HB 359 violated the First, Fifth, and Fourteenth Amendments of the U.S. Constitution. Plaintiffs specifically expressed concern about possible civil and criminal liability for public performances and whether events including book readings and film screenings were permitted under HB 359. In light of this confusion, Plaintiffs sought a preliminary injunction to prevent Defendants from enforcing HB 359; a declaration that HB 359 was facially unconstitutional; actual and general and punitive damages in favor of one of the individual plaintiffs; and costs and reasonable attorney’s fees. Plaintiffs were represented by Upper Seven Law, a Montana-based nonprofit law firm.

Ten days after filing their initial complaint, Plaintiffs filed an amended complaint, naming the annual statewide Pride celebration and a nonprofit theater as additional plaintiffs and the city of Helena as an additional defendant. The amended complaint included details regarding Helena’s denial of permits for the Montana Pride event because the planned events included drag performances. Plaintiffs additionally filed a motion for temporary and injunctive relief, specifically noting that Montana Pride was set to begin on July 30.

On July 28, 2023, Judge Brian Morris granted Plaintiffs’ TRO request in part to allow Montana Pride to proceed without subjecting city employees to civil and criminal liability under HB 359. 684 F.Supp.3d 1095. The court noted that the First Amendment facial claim was likely to succeed on the merits because there was no evidence of a compelling interest in restricting the artistic, cultural, political, and scientific speech and expression potentially criminalized by HB 359. Additionally, the court stated that HB 359 appeared to suffer from a lack of narrow tailoring because it swept beyond the obscene conduct already prohibited by Montana law and contained no carveout for parental consent. The court additionally noted that HB 359’s definitions for phrases including “drag story hour” and “sexually oriented performance” ran a significant risk of vagueness and overbreadth because they failed to clearly define what conduct was prohibited and could therefore be interpreted to include a large number of theatrical and artistic performances. Acknowledging that Plaintiffs had already canceled, postponed, or modified events to avoid civil and criminal liability under HB 359, the court enjoined Defendants from enforcing HB 359 pending the court’s determination on Plaintiffs’ motion for a preliminary injunction.  

In September 2023, the parties stipulated to dismiss the city of Helena without prejudice. Each party agreed to bear their own costs and fees.

The court ultimately granted Plaintiffs’ motion for a preliminary injunction on October 13, 2023. 2023 WL 6794043. Restating its conclusion that HB 359 violated the First and Fifth Amendments, the court added that the statutory text and legislative history “evince[d] anti-LGBTQ+ animus,” and that there was no evidence indicating that minors faced any harm from drag-related events or other speech and expression critical of gender norms. One month later, Defendants appealed the preliminary injunction to the Ninth Circuit. 

On November 20, 2023, Plaintiffs stipulated to the dismissal of the Montana Attorney General from two of the as-applied claims, but retained those claims against the other defendants as well as the facial claims against the Attorney General. Eight days later, Plaintiffs motioned for summary judgment on the facial free speech and due process challenges to HB 359.

Judge Morris stayed the district court proceedings in the case on November 29, 2023 until the appeal to the Ninth Circuit was resolved. This case is ongoing.

Summary Authors

Brillian Bao (11/6/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67566421/parties/the-imperial-sovereign-court-of-the-state-of-montana-v-knudsen/


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Documents in the Clearinghouse

Document
1

2:23-cv-00050

Complaint

July 7, 2023

July 7, 2023

Complaint
3

2:23-cv-00050

First Amended Complaint

July 17, 2023

July 17, 2023

Complaint
13

2:23-cv-00050

Order

The Imperial Sovereign Court of the State of Montana, et al. v. Knudsen

July 28, 2023

July 28, 2023

Order/Opinion

684 F.Supp.3d 1095

30

2:23-cv-00050

Dismissal Without Prejudice

Sept. 6, 2023

Sept. 6, 2023

Order/Opinion
33

2:23-cv-00050

Order

Oct. 13, 2023

Oct. 13, 2023

Order/Opinion

2023 WL 6794043

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67566421/the-imperial-sovereign-court-of-the-state-of-montana-v-knudsen/

Last updated Oct. 8, 2025, 10:53 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by THE WESTERN MONTANA COMMUNITY CENTER, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, BUMBLEBEE AERIAL FITNESS, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE GREAT FALLS LGBTQ+ CENTER, MONTANA BOOK COMPANY, ADRIA JAWORT. (Attachments: # 1 Civil Cover Sheet, # 2 Knudsen Summons, # 3 Arntzen Summons, # 4 Gallagher Summons) (TLO) (Entered: 07/07/2023)

1 Civil Cover Sheet

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2 Knudsen Summons

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3 Arntzen Summons

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4 Gallagher Summons

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July 7, 2023

July 7, 2023

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2

Summonses Issued as to Elsie Arntzen, J.P. Gallagher, Austin Knudsen. Issued summons may be downloaded and printed by counsel for service. (Attachments: # 1 Summons Issued Knudsen, # 2 Summons Issued Gallagher) (TLO) (Entered: 07/07/2023)

1 Summons Issued Knudsen

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2 Summons Issued Gallagher

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July 7, 2023

July 7, 2023

RECAP

Filing fee: $402, receipt number AMTDC-3094973 (TLO)

July 7, 2023

July 7, 2023

PACER
3

AMENDED COMPLAINT against All Defendants, filed by THE WESTERN MONTANA COMMUNITY CENTER, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, BUMBLEBEE AERIAL FITNESS, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE GREAT FALLS LGBTQ+ CENTER, MONTANA BOOK COMPANY, ADRIA JAWORT. (Attachments: # 1 Exhibit 1 - HB 359, # 2 Summons: City of Helena) (Van Kley, Constance) (Entered: 07/17/2023)

1 Exhibit 1 - HB 359

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2 Summons: City of Helena

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July 17, 2023

July 17, 2023

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4

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction . Constance Van Kley appearing for Plaintiffs BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER. (Van Kley, Constance) Modified on 7/31/2023 (MMS). (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

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5

Brief/Memorandum in Support re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER. (Attachments: # 1 Exhibit 1, HB 359, # 2 Exhibit 2, Jawort Decl., # 3 Exhibit 3, Smith Decl., # 4 Exhibit 4, Malecek Decl., # 5 Exhibit 5, Steinberg Decl., # 6 Exhibit 6, Holmes Decl., # 7 Exhibit 7, Rice Decl., # 8 Exhibit 8, Halverson Decl., # 9 Exhibit 9, Hamm Decl., # 10 Exhibit 10, Corcoran Decl.) (Van Kley, Constance) (Entered: 07/17/2023)

1 Exhibit 1, HB 359

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2 Exhibit 2, Jawort Decl.

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3 Exhibit 3, Smith Decl.

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4 Exhibit 4, Malecek Decl.

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5 Exhibit 5, Steinberg Decl.

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6 Exhibit 6, Holmes Decl.

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7 Exhibit 7, Rice Decl.

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8 Exhibit 8, Halverson Decl.

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9 Exhibit 9, Hamm Decl.

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10 Exhibit 10, Corcoran Decl.

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July 17, 2023

July 17, 2023

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6

Summons Issued as to The City of Helena. Issued summons may be downloaded and printed by counsel for service. (ACC) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

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7

Order Setting: Hearing set for 7/26/2023 at 02:00 PM in Helena, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/19/2023. (KAH) Modified on 7/19/2023 Kim Marchwick to report (HEG). (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

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10

RESPONSE to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The City of Helena. (Dockter, Rebecca) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

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8

NOTICE by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater re 7 Order Setting (Van Kley, Constance) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

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9

NOTICE of Appearance by Rebecca Dockter on behalf of The City of Helena (Dockter, Rebecca) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

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11

NOTICE of Appearance by Cynthia L. Walker on behalf of J.P. Gallagher (Walker, Cynthia) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

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MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 7/26/2023 re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MONTANA BOOK COMPANY, RACHEL CORCORAN, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE WESTERN MONTANA COMMUNITY CENTER, BUMBLEBEE AERIAL FITNESS, ADRIA JAWORT, THE GREAT FALLS LGBTQ+ CENTER, THE MYRNA LOY, IMAGINE BREWING COMPANY, LLC. Present in the courtroom for the Plaintiffs are Constance Van Kley, Niki Zupanic and Rylee Summers-Flanagan; Thane Johnson and Michael Russel for Defendants Austin Knudsen and Elise Arntzen; Rebecca Dockter for Defendant City of Helena and Cynthia Walker for Defendant J.P. Gallagher. Arguments are heard by Van Kley, Johnson and Dockter. The TRO matter is deemed submitted and an order will be issued as soon as possible. The parties are to file their responses and replies to the motion for preliminary injunction. The Court will hear arguments on the motion on August 28th at 2:30 pm in Helena. Court is in Recess. Hearing commenced at 2:01 and concluded at 3:52, ( Motion Hearing set for 8/28/2023 at 02:30 PM in Helena, MT before Judge Brian Morris.). (Court Reporter Kim Marchwick.) (Law Clerk: E. Hodges and L. Love), (Hearing held in Helena) (HEG) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER

Motion Hearing - SDM AND ~Util - Set Motion and F&R Deadlines/Hearings - SDM

July 26, 2023

July 26, 2023

PACER
13

ORDER: Plaintiffs' Motion 4 is hereby GRANTED, in part, and DEFERRED, in part. The Court will GRANT Plaintiffs' request for a TRO only. Defendants Knudsen and Arntzen are hereby ENJOINED from enforcing H.B. 359 pending the Court's determination of Plaintiff's entitlement to a preliminary injunction. Signed by Judge Brian Morris on 7/28/2023. (MMS) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

Clearinghouse
14

First MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. Michael Russell appearing for Defendants Elsie Arntzen, Austin Knudsen. (Attachments: # 1 Text of Proposed Order Proposed Order) (Russell, Michael) (Entered: 07/31/2023)

1 Text of Proposed Order Proposed Order

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July 31, 2023

July 31, 2023

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15

Amended MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. Michael Russell appearing for Defendants Elsie Arntzen, Austin Knudsen. (Attachments: # 1 Text of Proposed Order Proposed Order) (Russell, Michael) (Entered: 07/31/2023)

1 Text of Proposed Order Proposed Order

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July 31, 2023

July 31, 2023

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16

ORDER granting 15 Motion for Extension of Time to File Response/Reply re 15 Amended MOTION for Extension of Time to File Response/Reply Brief to Plaintiff's Motion for Preliminary Injunction. State Defendants' Response is now due August 2, 2023. Signed by Judge Brian Morris on 7/31/2023. (MMS) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP

Order Setting Hearing on Motion - SDM

July 31, 2023

July 31, 2023

PACER

Motion Hearing set for 8/28/2023 at 02:30 PM in Helena, MT before Judge Brian Morris. (MMS)

July 31, 2023

July 31, 2023

PACER
17

RESPONSE to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Elsie Arntzen, Austin Knudsen. (Russell, Michael) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

RECAP
18

RESPONSE to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by J.P. Gallagher. (Walker, Cynthia) (Entered: 08/04/2023)

Aug. 4, 2023

Aug. 4, 2023

RECAP
19

AFFIDAVIT/DECLARATION re 18 Response to Motion for Peliminary Injunction by J.P. Gallagher. (Attachments: # 1 Exhibit A. Twitter Post, # 2 Exhibit B. Social Media Group Chat, # 3 Exhibit C. Letter to Ms. Jawort) (Walker, Cynthia) (Entered: 08/04/2023)

1 Exhibit A. Twitter Post

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2 Exhibit B. Social Media Group Chat

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3 Exhibit C. Letter to Ms. Jawort

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Aug. 4, 2023

Aug. 4, 2023

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20

AFFIDAVIT/DECLARATION re 18 Response to Motion for Peliminary Injunction by J.P. Gallagher. (Attachments: # 1 Exhibit A. Legal Notice and Litigation Hold Letter) (Walker, Cynthia) (Entered: 08/04/2023)

1 Exhibit A. Legal Notice and Litigation Hold Letter

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Aug. 4, 2023

Aug. 4, 2023

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21

ANSWER to 3 Amended Complaint, by J.P. Gallagher. (Walker, Cynthia) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

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22

State Defendants' ANSWER to 3 Amended Complaint with Jury Demand by Elsie Arntzen, Austin Knudsen. (Lansing, Alwyn) Modified on 8/10/2023 to add link(ACC). (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

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23

ANSWER to 3 Amended Complaint, by The City of Helena. (Dockter, Rebecca) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

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24

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

RECAP

Terminate Deadlines as to 4 Response ddl; hearing has been set. (ACC)

Aug. 15, 2023

Aug. 15, 2023

PACER
25

REPLY to Response to Motion re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Zupanic, Niki) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

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26

MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 8/28/2023 re 4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MONTANA BOOK COMPANY, RACHEL CORCORAN, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE WESTERN MONTANA COMMUNITY CENTER, BUMBLEBEE AERIAL FITNESS, ADRIA JAWORT, THE GREAT FALLS LGBTQ+ CENTER, THE MYRNA LOY, IMAGINE BREWING COMPANY, LLC. Present in the courtroom for the Plaintiffs are Constance Van Kley, Niki Zupanic and Rylee Summers-Flanagan, Michael Russel for State of Montana Defendants Austin Knudsen and Elise Arntzen, Rebecca Dockter for Defendant City of Helena and Cynthia Walker for Defendant J.P. Gallagher. Parties are advised of the purpose of todays hearing. Arguments are heard by Van Kley and Russell. Counsel Dockter and Walker heard briefly only as to their positions regarding the defendants they represent and state they are not part of the preliminary injunction relief being sought. The matter is deemed submitted. The Court will review the jury demand and get back to the parties as to the next step. Recess. Hearing commenced at 2:32 and concluded at 3:48. (Court Reporter Yvette Heinze.) (Law Clerk: T. Devine), (Hearing held in Helena) (HEG) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER

Motion Hearing - SDM

Aug. 28, 2023

Aug. 28, 2023

PACER
27

IT IS ORDERED:Parties shall submit simultaneous briefing in support of Defendants Knudsens, Arntzens, and Gallaghers right to jury trial, in 42 U.S.C. § 1983 litigation and litigation arising from the First and Fifth Amendment of the U.S. Constitution as incorporated by the Fourteenth Amendment, on or before September 11, 2023. Signed by Judge Brian Morris on 9/4/2023. (SLL) (Entered: 09/04/2023)

Sept. 4, 2023

Sept. 4, 2023

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28

IT IS HEREBY ORDERED: Parties shall submit the briefing so ordered by 5:00 PM on September 14, 2023. Signed by Judge Brian Morris on 9/5/2023. (KAH) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

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29

Stipulated Motion For Dismissal. Rebecca Dockter appearing for Defendant The City of Helena. (Attachments: # 1 Text of Proposed Order Proposed Order Dismissal) (Dockter, Rebecca) (Entered: 09/06/2023)

1 Text of Proposed Order Proposed Order Dismissal

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Sept. 6, 2023

Sept. 6, 2023

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30

ORDER granting 29 Stipulated Motion. IT IS HEREBY ORDERED that Pursuant to Fed. R. Civ. P. 41(a)(1-2), the City of Helena is DISMISSED without prejudice, with each party to bear their own costs and fees. Count III of the First Amended Complaint is DISMISSED with prejudice, with each party to bear their own costs and fees. Signed by Judge Brian Morris on 9/6/2023. (SLL) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

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31

STIPULATION re 27 Order, 28 Order re Defendants' Jury Demands by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

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NOTICE of Change of Address by Niki Zupanic. REMINDER: The Court no longer updates personal information or addresses in CM/ECF. You must update your address information in PACER. (Zupanic, Niki) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

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ORDER granting 4 Motion for Preliminary Injunction. Defendants Austin Knudsen, Attorney General for the State of Montana, and Elsie Arntzen, Montana Superintendent of Public Instruction, are HEREBY ENJOINED from instituting, maintaining, or prosecuting any enforcement proceedings under H.B. 359. Signed by Judge Brian Morris on 10/13/2023. (MMS) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

Clearinghouse
34

TEXT ORDER: IT IS HEREBY ORDERED that the relevant parties will file a joint proposed pre-trial schedule on or before November 14, 2023 as to Counts IV and V. IT IS ALSO ORDERED that a Telephonic Scheduling Conference as to Counts IV and V is set for 11/21/2023 at 01:30 PM before Judge Brian Morris. The call-in number is 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 10/30/2023. (SLL) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
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TEXT ORDER : IT IS HEREBY ORDERED that the relevant parties will file a joint proposed pre-trial schedule (jury trial) on or before November 14, 2023 as to Counts I and II. IT IS ALSO ORDERED that a Telephonic Scheduling Conference as to Counts I and II is set for 11/21/2023 at 01:45 PM before Judge Brian Morris. The call-in number is 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 10/30/2023. (SLL) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER

Order Setting - MT

Oct. 30, 2023

Oct. 30, 2023

PACER
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TEXT Order Re-Setting: IT IS HEREBY ORDERED that the Telephonic Pretrial Conference is reset for 11/29/2023 at 02:00 PM before Judge Brian Morris. The call-in number is 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 11/2/2023. (SLL) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER

Order Setting - MT AND Order Vacating - MT

Nov. 2, 2023

Nov. 2, 2023

PACER
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Order Setting: IT IS HEREBY ORDERED that the relevant parties will file a jointproposed pre-trial schedule on or before November 20, 2023 as to Counts IVand V. IT IS ALSO ORDERED that the relevant parties will file a joint proposed pretrial schedule (jury trial) on or before November 20, 2023 as to Counts I and II. Proposed Pretrial Order due by 11/20/2023. Telephonic Scheduling Conference set for 11/27/2023 at 01:30 PM before Judge Brian Morris. Signed by Judge Brian Morris on 11/6/2023. **SEE ORDER FOR FULL DETAILS** (ACC)

Nov. 6, 2023

Nov. 6, 2023

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NOTICE OF APPEAL as to [33] Order on Motion for Preliminary Injunction, by Elsie Arntzen, Austin Knudsen. Filing fee $ 505, receipt number AMTDC-3159514. (Attachments: # (1) Exhibit State of Representation) (Russell, Michael)

1 Exhibit State of Representation

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Nov. 13, 2023

Nov. 13, 2023

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39

TRANSCRIPT ORDER FORM by Elsie Arntzen, Austin Knudsen for proceedings held on 8/28/23 before Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day. Transcript due by 11/22/2023. (Russell, Michael) Modified on 11/15/2023 to reflect that this Transcript Order form will only be for the proceedings on 8/28/2023 as Mrs. Heinze was not the court reporter for the 7/26/2023 proceeding, Counsel Russell will submit an additional transcript request for the proceeding on 7/26/2023 for Court Reporter Kim Marchwick (SAJ).

Nov. 15, 2023

Nov. 15, 2023

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TRANSCRIPT ORDER FORM by Elsie Arntzen, Austin Knudsen for proceedings held on 7/26/23 before Judge Brian Morris. Court reporter Kim Marchwick. Type of transcript: 7-Day. Transcript due by 11/22/2023. (Russell, Michael)

Nov. 15, 2023

Nov. 15, 2023

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TRANSCRIPT of Motion Hearing held on 08/28/2023 before Judge Morris. 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 Yvette Heinze, 406-422-8619, yvettecsrrpr@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 12/11/2023. Redacted Transcript Deadline set for 12/20/2023. Release of Transcript Restriction set for 2/20/2024. (YMH)

Nov. 19, 2023

Nov. 19, 2023

PACER
42

USCA Case Number 23-3581 and Time Scheduling Order for [38] Notice of Appeal filed by Austin Knudsen, Elsie Arntzen. (MMS)

Nov. 20, 2023

Nov. 20, 2023

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PRELIMINARY PRETRIAL STATEMENT by Elsie Arntzen, Austin Knudsen. (Johnson, Thane)

Nov. 20, 2023

Nov. 20, 2023

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44

JOINT DISCOVERY PLAN by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 20, 2023

Nov. 20, 2023

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STATEMENT OF STIPULATED FACTS by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 20, 2023

Nov. 20, 2023

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JOINT DISCOVERY PLAN by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 20, 2023

Nov. 20, 2023

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STATEMENT OF STIPULATED FACTS by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 20, 2023

Nov. 20, 2023

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48

PRELIMINARY PRETRIAL STATEMENT by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 20, 2023

Nov. 20, 2023

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49

STIPULATION of Dismissal of Def. Knudsen from Counts I & II by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Attachments: # (1) Text of Proposed Order Dismissal of Def. Knudsen from Counts I & II) (Van Kley, Constance) Modified on 11/20/2023 to change event into a pending motion (MMS).

1 Text of Proposed Order Dismissal of Def. Knudsen from Counts I & II

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Nov. 20, 2023

Nov. 20, 2023

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50

PRELIMINARY PRETRIAL STATEMENT by J.P. Gallagher. (Walker, Cynthia)

Nov. 20, 2023

Nov. 20, 2023

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51

ORDER granting [49] Stipulated Motion. The parties, though counsel, have stipulated to the dismissal of Defendant Austin Knudsen from Counts I and II. Pursuant to Fed. R. Civ. P. 41(a), Knudsen is DISMISSED from Counts I and II without prejudice. This Order does not affect: (1) Plaintiff Adria Jaworts claims against Defendant J.P. Gallagher, as presented in Counts I and II; or (2) Plaintiffs claims against Defendants Knudsen and Elsie Arntzen, aspresented in Counts IV and V. Signed by Judge Brian Morris on 11/20/2023. (MMS)

Nov. 20, 2023

Nov. 20, 2023

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52

TEXT Order Vacating : IT IS HEREBY ORDERED that the telephonic scheduling call set for November 27, 2023 is VACATED. The Court will proceed with the Telephonic Pretrial Conference set for November 29, 2023 at 2:00 p.m.. Signed by Judge Brian Morris on 11/21/2023. (SLL) Modified on 11/21/2023 to correct typo in docket text. The Court will proceed with the Telephonic Pretrial Conference set for November 29, 2023 at 2:00 p.m. and not November 28th. NEF regenerated to counsel. (MMS).

Nov. 21, 2023

Nov. 21, 2023

PACER

Order Vacating - MT

Nov. 21, 2023

Nov. 21, 2023

PACER
53

TRANSCRIPT of Motions Hearing held on Wednesday, July 26, 2023, before Judge Brian M. Morris. 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 Kim Marchwick, 406-671-2307, marchwickkim@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 12/15/2023. Redacted Transcript Deadline set for 12/26/2023. Release of Transcript Restriction set for 2/22/2024. (Marchwick, Kim)

Nov. 24, 2023

Nov. 24, 2023

PACER
54

MOTION for Summary Judgment on Counts IV & V. Constance Van Kley appearing for Plaintiffs BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 28, 2023

Nov. 28, 2023

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55

Statement of Undisputed Fact re: [54] MOTION for Summary Judgment on Counts IV & V by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Attachments: # (1) Exhibit 1 - HB 359 v1, # (2) Exhibit 2 - HB 359 v3, # (3) Exhibit 3 - HB 359 v4, # (4) Exhibit 4 - HB 359 Final version, # (5) Exhibit 5 - Decl. of Adria Jawort, # (6) Exhibit 6 - Decl. of Rachel Corcoran, # (7) Exhibit 7 - Decl. of Annatheia Smith, # (8) Exhibit 8 - Decl. of Mitchell Locher, # (9) Exhibit 9 - Decl. of James Bamfield, # (10) Exhibit 10 - Decl. of Sabrina Malecek, # (11) Exhibit 11 - Decl. of Mike Steinberg, # (12) Exhibit 12 - Decl. of Krys Holmes, # (13) Exhibit 13 - Decl. of Chelsia Rice, # (14) Exhibit 14 - Decl. of Tim Graham, # (15) Exhibit 15 - Decl. of Kevin Hamm, # (16) Exhibit 16 - Decl. of Andy Nelson, # (17) Exhibit 17 - Decl. of Ronald Waterman) (Van Kley, Constance)

1 Exhibit 1 - HB 359 v1

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2 Exhibit 2 - HB 359 v3

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3 Exhibit 3 - HB 359 v4

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4 Exhibit 4 - HB 359 Final version

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5 Exhibit 5 - Decl. of Adria Jawort

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6 Exhibit 6 - Decl. of Rachel Corcoran

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7 Exhibit 7 - Decl. of Annatheia Smith

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8 Exhibit 8 - Decl. of Mitchell Locher

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9 Exhibit 9 - Decl. of James Bamfield

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10 Exhibit 10 - Decl. of Sabrina Malecek

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11 Exhibit 11 - Decl. of Mike Steinberg

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12 Exhibit 12 - Decl. of Krys Holmes

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13 Exhibit 13 - Decl. of Chelsia Rice

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14 Exhibit 14 - Decl. of Tim Graham

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15 Exhibit 15 - Decl. of Kevin Hamm

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16 Exhibit 16 - Decl. of Andy Nelson

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17 Exhibit 17 - Decl. of Ronald Waterman

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Nov. 28, 2023

Nov. 28, 2023

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56

Brief/Memorandum in Support re [54] MOTION for Summary Judgment on Counts IV & V filed by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater. (Van Kley, Constance)

Nov. 28, 2023

Nov. 28, 2023

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57

MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Pretrial Conference held on 11/29/2023. (Law Clerk: T. Devine), (SLL) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER
58

ORDER STAYING CASE. 1. All proceedings in this case are hereby STAYED until the appeal to the Ninth Circuit is resolved. 2. Parties shall inform the Court within ten days of the resolution of the appeal. Signed by Judge Brian Morris on 11/29/2023. (ACC) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

RECAP

Telephonic Pretrial Conference - MT

Nov. 29, 2023

Nov. 29, 2023

PACER

Terminate Deadlines and Hearings

Dec. 11, 2023

Dec. 11, 2023

PACER

Terminate Deadlines as to 39 & 40 - transcripts filed as 41 & 53 . (ACC)

Dec. 11, 2023

Dec. 11, 2023

PACER

Terminate Deadlines and Hearings

Dec. 19, 2023

Dec. 19, 2023

PACER

Terminate Deadlines as to 41 & 53 Transcript redaction request ddls. (ACC)

Dec. 19, 2023

Dec. 19, 2023

PACER

Terminate Deadlines and Hearings

Jan. 4, 2024

Jan. 4, 2024

PACER

Response Deadline of 12/19/2023 re 54 Terminated (TLO)

Jan. 4, 2024

Jan. 4, 2024

PACER
59

TRANSCRIPT ORDER FORM for Preliminary Injunction hearing by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater for proceedings held on 8/28/2023 before Judge Judge Brian Morris. Court reporter Yvette Heinze. Type of transcript: Daily. Transcript due by 1/31/2024. (Sommers-Flanagan, Rylee) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

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60

TRANSCRIPT ORDER FORM Temporary Restraining Order hearing by BUMBLEBEE AERIAL FITNESS, RACHEL CORCORAN, IMAGINE BREWING COMPANY, LLC, ADRIA JAWORT, MONTANA BOOK COMPANY, Montana Pride, THE GREAT FALLS LGBTQ+ CENTER, THE IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, THE MYRNA LOY, THE WESTERN MONTANA COMMUNITY CENTER, The Roxy Theater for proceedings held on 7/26/2023 before Judge Brian Morris. Court reporter Kim Marchwick. Type of transcript: Daily. Transcript due by 1/31/2024. (Sommers-Flanagan, Rylee) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

RECAP

Terminate Deadlines and Hearings

Jan. 30, 2024

Jan. 30, 2024

PACER

Terminate Deadlines as to 59 & 60 Transcript Order form; Transcripts filed are filed as 53 & 41 . (ACC)

Jan. 30, 2024

Jan. 30, 2024

PACER

Terminate Deadlines and Hearings

Feb. 23, 2024

Feb. 23, 2024

PACER

Terminate Deadlines as to 41 and 53 Transcript release ddls 2/22/24. (ACC)

Feb. 23, 2024

Feb. 23, 2024

PACER
61

NOTICE of Withdrawal of Counsel: Emily E. Jones withdrawing from the case, filed by Elsie Arntzen, Austin Knudsen (Jones, Emily) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

PACER

Case Details

State / Territory: Montana

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: July 7, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs include a transgender advocate, a Montana public school teacher, and a number of business and nonprofit organizations from across the state.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Montana, State

Butte-Silver Bow (Butte-Silver Bow, Silver Bow), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - None

Issues

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

Drag Show Bans

LGBTQ+