Case: Lake County Inmates v. Lake County Jail

Crow v. Lake County

In Re: Conditions at Lake County Jail

In Re: Conditions at Lake County Jail

ORDER. IT IS ORDERED that the cases listed in Attachment A are consolidated for pretrial proceedings, discovery, and bench trial on the plaintiffs' consolidated claims for declaratory and injunctive relief associated with the conditions of confinement at Lake County Jail in Polson, Montana. This case will act as a "Master Docket." Signed by Judge Donald W. Molloy on 7/19/2022. (Attachments: # 1 Attachment A) (NOS) (Entered: 07/19/2022)

Consolidated Class Action COMPLAINT and Jury Demand against Lake County Jail filed by Lake County Inmates. (NOS) (Entered: 07/19/2022)

ANSWER to 2 Complaint with Jury Demand by Lake County Jail. (NOS) (Entered: 07/19/2022)

SCHEDULING ORDER: Class Stipulation or Notice due 7/28/2022. Amended Pleadings due by 9/15/2022. Discovery due by 4/28/2023. Motions due by 7/7/2023. Proposed Pretrial Order due by 10/19/2023. Final Pretrial Conference and Bench Trial set for November 6, 2023, at 9:00 a.m. in the Russell Smith Federal Courthouse, Missoula, Montana. Signed by Judge Donald W. Molloy on 7/19/2022. (NOS) (Entered: 07/19/2022)

ORDER. IT IS ORDERED, by August 19, 2022, Plaintiff's counsel is directed to file account statements for the plaintiffs in the cases in Attachment A. Signed by Judge Donald W. Molloy on 7/19/2022. (Attachments: # 1 Attachment A) (NOS) (Entered: 07/19/2022)

NOTICE of Withdrawal of Counsel: Jason Collins withdrawing from the case, filed by Lake County Jail (Heiling, Marisa) (Entered: 07/22/2022)

NOTICE by Lake County Jail Notice Regarding No Stipulated Class Certification (Lukes, Robert) (Entered: 07/26/2022)

AMENDED COMPLAINT against All Defendants, filed by Lake County Inmates. (Attachments: # 1 Summons: Governor, # 2 Summons: Attorney General) (Van Kley, Constance) (Entered: 07/28/2022)

MOTION to Certify Class Constance Van Kley appearing for Plaintiff Lake County Inmates (Van Kley, Constance) (Entered: 07/28/2022)

Brief/Memorandum in Support re 9 MOTION to Certify Class filed by Lake County Inmates. (Attachments: # 1 Exhibit Lozeau Complaint, # 2 Exhibit Lozeau Consent Decree, # 3 Exhibit Plaintiffs' First Discovery Requests, # 4 Exhibit Lake County Jail Roster) (Van Kley, Constance) (Entered: 07/28/2022)

Summons Issued as to Greg Gianforte, Montana Attorney General. (Attachments: # 1 Summons) (TAG) (Entered: 07/29/2022)

ORDER setting hearing on 9 MOTION to Certify Class: Motion Hearing set for 9/20/2022 at 9:00 a.m. in the Russell Smith Courthouse in Missoula, Montana. Each side will be given up to thirty minutes for argument. Signed by Judge Donald W. Molloy on 8/1/2022. (NOS) (Entered: 08/01/2022)

Unopposed MOTION Jeffrey R. Kivetz to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2912434.) Robert C. Lukes appearing for In Re Conditions at Lake County Jail (Attachments: # 1 Affidavit Certification under MRPC 8.5, # 2 Affidavit In Support of PHV Admission, # 3 Text of Proposed Order) (Lukes, Robert) (Entered: 08/02/2022)

Unopposed MOTION David A. Brueggen to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2912469.) Robert C. Lukes appearing for In Re Conditions at Lake County Jail (Attachments: # 1 Affidavit Certification Under MRPC 8.5, # 2 Affidavit In Support of PHV Admission, # 3 Text of Proposed Order) (Lukes, Robert) (Entered: 08/02/2022)

ORDER granting 13, 14 Motions to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found here. Acknowledgment of PHV Order due within 15 days of Order. Signed by Judge Donald W. Molloy on 8/4/2022. (TAG) (Entered: 08/04/2022)

NOTICE of Acknowledgment of Pro Hac Vice Order by Lake County Jail re 15 Order on Motion to Appear Pro Hac Vice,,, (Kivetz, Jeffrey) (Entered: 08/09/2022)

NOTICE of Acknowledgment of Pro Hac Vice Order by Lake County Jail re 15 Order on Motion to Appear Pro Hac Vice,,, (Brueggen, David) (Entered: 08/09/2022)

Unopposed MOTION for Extension of Time to File Response Brief and Answer Robert C. Lukes appearing for Defendant Lake County Jail (Attachments: # 1 Text of Proposed Order) (Lukes, Robert) (Entered: 08/10/2022)

ORDER granting 18 Motion for Extension of Time to File. Defendants shall file both the response and answer no later than August 18, 2022. Signed by Judge Donald W. Molloy on 8/11/2022. (NOS) (Entered: 08/11/2022)

RESPONSE to Motion re 9 MOTION to Certify Class filed by Lake County Jail. (Attachments: # 1 Affidavit Declaration of Parker Streets, # 2 Affidavit Declaration of Commander Joel Shearer) (Lukes, Robert) (Entered: 08/18/2022)

Defendant Lake County's ANSWER to 8 Amended Complaint, First CROSSCLAIM against Lake County Jail by Lake County Jail. (Heiling, Marisa) (Entered: 08/18/2022)

NOTICE by Lake County Inmates re 5 Order (Attachments: # 1 21-cv-123-M-DWM, James Elverud, # 2 22-cv-37-M-DWM, Amiel Gardipe, # 3 22-cv-49-M-DWM, Seth Williams, # 4 22-cv-106-M-DWM, Dolly Zambrana, # 5 22-cv-25-M-DWM, Joseph Brown, # 6 22-cv-31-M-DWM, Isaac Fleming) (Van Kley, Constance) (Entered: 08/19/2022)

1 21-cv-123-M-DWM, James Elverud

View on PACER

2 22-cv-37-M-DWM, Amiel Gardipe

View on PACER

3 22-cv-49-M-DWM, Seth Williams

View on PACER

4 22-cv-106-M-DWM, Dolly Zambrana

View on PACER

5 22-cv-25-M-DWM, Joseph Brown

View on PACER

6 22-cv-31-M-DWM, Isaac Fleming

View on PACER

MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Certify Class, MOTION for Extension of Time to File Answer re 8 Amended Complaint Anita Y. Milanovich appearing for Defendant Greg Gianforte (Attachments: # 1 Exhibit Ex. A: Gianforte Summons, # 2 Exhibit Ex. B: Attorney General Letter and Summons, # 3 Text of Proposed Order Proposed Order) (Milanovich, Anita) (Entered: 08/22/2022)

1 Exhibit Ex. A: Gianforte Summons

View on PACER

2 Exhibit Ex. B: Attorney General Letter and Summons

View on PACER

3 Text of Proposed Order Proposed Order

View on RECAP

ORDER re CV 22-135-M-DWM. Signed by Judge Donald W. Molloy on 8/23/2022. (TAG) (Entered: 08/23/2022)

ORDER granting 23 Motion for Extension of Time by Greg Gianforte. Response to 9 MOTION to Certify Class due by 9/12/2022; answer due by 9/8/2022. Signed by Judge Donald W. Molloy on 8/24/2022. (TAG) (Entered: 08/24/2022)

REPLY to Response to Motion re 9 MOTION to Certify Class filed by Lake County Inmates. (Attachments: # 1 Lake County's Response to Plaintiffs' First Discovery Requests) (Van Kley, Constance) (Modified to seal attachment due to personal identifiers.) (NOS) (Entered: 09/01/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Leonard H. Smith appearing for Defendant Greg Gianforte, Cross Defendant Greg Gianforte (Smith, Leonard) (Entered: 09/08/2022)

Brief/Memorandum in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Greg Gianforte. (Smith, Leonard) (Entered: 09/08/2022)

RESPONSE to Motion re 9 MOTION to Certify Class filed by Greg Gianforte. (Attachments: # 1 Exhibit 1 Current Inmate Charges Detail Report) (Smith, Leonard) (Entered: 09/12/2022)

REPLY to Response to Motion re 9 MOTION to Certify Class Reply to Response filed by Defendant Gianforte filed by Lake County Inmates. (Van Kley, Constance) (Entered: 09/15/2022)

ORDER. Complaints in enumerated cases consolidated with others in master docket. Tim Bechtold appointed as counsel. Signed by Judge Donald W. Molloy on 9/16/2022. (TAG) (Entered: 09/16/2022)

ORDER. Account statements from plaintiffs Garza and Whitford due 9/27/22. Signed by Judge Donald W. Molloy on 9/16/2022. (TAG) (Entered: 09/16/2022)

REDACTION to 26 Reply to Response to Motion, Exhibit 1: Lake County's Response to Plaintiffs' First Discovery Requests by Lake County Inmates. (Van Kley, Constance) (NOS) (Entered: 09/19/2022)

MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Hearing re 9 MOTION to Certify Class held on 9/20/2022. Counsel Constance Van Kley, Tim Bechtold, and Rylee Sommers-Flanagan present on behalf of the plaintiffs. Counsel Bob Lukes and Marisa Heiling present on behalf of defendant Lake County jail. Counsel Mac Morris and Len Smith present on behalf of defendant Gianforte. Counsel Van Kley, Counsel Lukes, and Counsel Morris provide argument. Written order forthcoming. Hearing commenced at 9:01 a.m. and concluded at 10:18 a.m. (Court Reporter: JoAnn Corson) (Law Clerk: E.Z.) (Hearing held in Missoula) (NOS) (Entered: 09/20/2022)

TEXT ORDER (no document attached) setting hearing re 27 Motion to Dismiss. Motion hearing set for November 1, 2022, at 9:00 a.m. in the Russell Smith Courthouse, Missoula, Montana. Each party will be given 20 minutes for argument. Signed by Judge Donald W. Molloy on 9/20/2022. (NOS) (Entered: 09/20/2022)

Motion Hearing - SDM

Order Setting Hearing on Motion - SDM

NOTICE by Lake County Inmates re 32 Order re Account Statement (Attachments: # 1 Account Statement) (Bechtold, Timothy) (Entered: 09/22/2022)

1 Account Statement

View on PACER

TRANSCRIPT ORDER FORM FILED by Lake County Jail for proceedings held on 9/20/2022 before Judge Donald W. Molloy. Court reporter JoAnn Jett Corson. Type of transcript: 14-Day.. Transcript due by 10/13/2022. (Lukes, Robert) (Entered: 09/23/2022)

ORDER. Complaints in enumerated cases consolidated with others in master docket. Tim Bechtold appointed as counsel. Signed by Judge Donald W. Molloy on 9/27/2022. (TAG) (Entered: 09/27/2022)

ORDER. Account statement from plaintiff Matt due 10/11/22. Signed by Judge Donald W. Molloy on 9/27/2022. (TAG) (Entered: 09/27/2022)

Unopposed MOTION for Extension of Time to File Notice of Claims and Amended Complaints Timothy M. Bechtold appearing for Plaintiff Lake County Inmates (Attachments: # 1 Proposed Order) (Bechtold, Timothy) (Entered: 09/29/2022)

RESPONSE to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lake County Inmates. (Van Kley, Constance) (Entered: 09/29/2022)

RESPONSE to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lake County Jail. (Lukes, Robert) (Entered: 09/29/2022)

ORDER granting 40 Motion for Extension of Time. Amended complaints in individual cases due by 11/1/22. Signed by Judge Donald W. Molloy on 10/3/2022. (TAG) (Entered: 10/03/2022)

NOTICE by Lake County Inmates re 39 Order Re Account Statement (Attachments: # 1 Account Statement) (Bechtold, Timothy) (Entered: 10/05/2022)

TRANSCRIPT of Hearing on Motion held on 9-20-2022 before Judge Donald W. Molloy. 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 clerk's 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 JoAnn Jett Corson, 406-698-9965, joannjettcorson@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 10/27/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/4/2023. (JJC) (Entered: 10/06/2022)

Unopposed MOTION for Extension of Time to File Response/Reply as to 41 Response to Motion, 42 Response to Motion, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Leonard H. Smith appearing for Defendant Greg Gianforte, Cross Defendant Greg Gianforte (Attachments: # 1 Text of Proposed Order) (Smith, Leonard) (Entered: 10/06/2022)

ORDER granting 46 Motion for Extension of Time to File Response/Reply re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 10/20/2022. Motions ripe 10/20/2022. Signed by Judge Donald W. Molloy on 10/6/2022. (APP) (Entered: 10/06/2022)

ORDER granting MOTION for Leave to Proceed in forma pauperis. Attorney Timothy M. Bechtold for Darrin William Matt appointed. Complaint consolidated with others in CV 22-127-M-DWM. Signed by Judge Donald W. Molloy on 10/6/2022. (TAG) (Entered: 10/07/2022)

OPINION and ORDER granting in part 9 MOTION to Certify Class. Court CERTIFIES Conditions Class as to Counts I, II, and IV as described. Timothy M. Bechtold, Constance Van Kley, and Rylee K. Sommers-Flanagan appointed as class counsel. Notice outlining proposal for class notification from Plaintiffs due on or before October 21, 2022. Signed by Judge Donald W. Molloy on 10/11/2022. (TAG) Modified on 10/11/2022 to correct document description (TAG). (Entered: 10/11/2022)

REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 41 Plaintiffs' Response to Motion to Dismiss filed by Greg Gianforte. (Smith, Leonard) (Entered: 10/20/2022)

REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 42 Lake County's Response to Motion to Dismiss filed by Greg Gianforte. (Smith, Leonard) (Entered: 10/20/2022)

NOTICE by Lake County Inmates re 49 Order Setting,, Terminate Motions, Proposed Class Action Notification Plan (Attachments: # 1 Proposed Notice of Class Action Certification) (Van Kley, Constance) (Entered: 10/21/2022)

ORDER adopting 52 Proposed Class Action Notification Plan filed by Lake County Inmates. Plaintiffs' counsel shall provide notice pursuant to the schedule outlined therein. Signed by Judge Donald W. Molloy on 10/24/2022. (TAG) (Entered: 10/24/2022)

Unopposed MOTION to Amend/Correct 52 Notice (Other) of Class Action Notification Plan Constance Van Kley appearing for Plaintiff Lake County Inmates (Attachments: # 1 Shortened Class Notice, # 2 Proposed Order) (Van Kley, Constance) (Entered: 10/28/2022)

ORDER granting 54 Motion to Amend Class Action Notification Plan. (See Order for further details.) Signed by Judge Donald W. Molloy on 10/31/2022. (NOS) (Entered: 10/31/2022)

AMENDED COMPLAINT Aloysius Blackcrow against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Tyler Erickson against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT James Elverud against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Stoney Corcoran against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Shaun Robertson against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Dominic Martinez against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Tony Doyle against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Kalem Branson against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT John Steele against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Donald McLeod against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Daryl McDougall against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Dwayne Turner against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Luke Running Crane against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Christopher Brown against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Joseph Brown against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Jimmy Glass against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Marcus Azure against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Trevor Gardipe & Isaac Fleming against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Amiel Gardipe against All Defendants, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT James Brown against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Michael Foster against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Buckleycole Ackerman against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Robert Gilmore against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Seth Williams against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Raymond McIntyre against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Jacob Birdsley against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Billy Washburn against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Dustin Seyler against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Kailee Lindquist against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Ricky Morales against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Dolly Blue Zambrana against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Justin Cook against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Michael Ramirez against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Craig McCrea against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Rachel Nichols against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Luis Garza against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Curtis Buck against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Sharon Whitworth against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Pierre Malatare against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Josiah Senecal against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Devin Peasley against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Sheldon Fisher against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)

AMENDED COMPLAINT Michael Westwolf against Lake County Jail, filed by Lake County Inmates. (Bechtold, Timothy) (Entered: 10/31/2022)