Case: United States v. Montanus

NEW CASE/ COMPLAINT with Jury Demand (No fee paid, USA or IFP) filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Waiver, # 3 Summons - Waiver)(Purinton, Anna) (Entered: 05/23/2025)

Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:25-cv-195-SM-TSM. Please show this number with the judge designation on all future pleadings. (jmb)

Notice of Lawsuit/Waiver issued electronically as to David Montanus, Lisa Montanus. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(jmb) (Main Document 2 replaced on 5/27/2025) (jmb). (Additional attachment(s) added on 5/27/2025: # 1 Notice ECF) (jmb). (Entered: 05/27/2025)

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jmb)

Notice - ECF

Case Assigned

WAIVER OF SERVICE Returned Executed as to David Montanus by USA. Served/Mailed on 5/23/2025. Answer Follow Up on 7/25/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Purinton, Anna) (Entered: 06/02/2025)

WAIVER OF SERVICE Returned Executed as to Lisa Montanus by USA. Served/Mailed on 5/23/2025. Answer Follow Up on 7/25/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Purinton, Anna) (Entered: 06/02/2025)

Assented to MOTION to Amend 1 Complaint - New Case filed by USA. (Attachments: # 1 Exhibit Proposed amended complaint)(Purinton, Anna) (Entered: 07/16/2025)

ENDORSED ORDER granting 5 Assented to Motion to Amend 1 Complaint - New Case. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. Defendant's deadline to file a responsive pleading is August 15, 2025. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Amended Pleadings due by 7/21/2025.(lw)

Order on Motion to Amend

AMENDED COMPLAINT against All Defendants with jury demand filed by USA.(Purinton, Anna) (Entered: 07/18/2025)

Defendants' ANSWER to 6 Amended Complaint and Demand for Jury Trial filed by David Montanus, Lisa Montanus.(Marr, J.) (Entered: 08/15/2025)

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/1/2025 03:00 PM before Judge Steven J. McAuliffe. Follow up on Discovery Plan 9/24/2025. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(lw)

Pretrial Conference

Proposed Discovery Plan filed by USA. (Attachments: # 1 Proposed Order Proposed order regarding preservation and production, # 2 Proposed Order Proposed protective order)(Purinton, Anna) (Entered: 09/24/2025)

ENDORSED ORDER approving in part 8 Discovery Plan. Length of Trial 3-5 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Approved and adopted as a pretrial scheduling order with the following modifications: Dispositive motion deadline 12/30/2025. Joint Statement re: Mediation deadline 1/26/2026. Trial: 10/20/2026. So Ordered by Judge Steven J. McAuliffe. Summary Judgment Motions due by 6/22/2026. Dispositive Motion Filing Deadline 12/30/2026. Joint Statement re: Mediation Follow Up on 1/26/2026.(lw)

Trial Notice

Order on Discovery Plan

TRIAL NOTICE: Pretrial Statements due 9/21/2026. LR 16.2(d) Objections due 10/5/2026. Final Pretrial Conference set for 10/7/2026 04:00 PM before Judge Steven J. McAuliffe. Jury Selection/Trial set for two week period beginning 10/20/2026 09:30 AM before Judge Steven J. McAuliffe. (lw)

Joint Assented to MOTION for Protective Order filed by USA. (Attachments: # 1 Proposed Order Proposed protective order)(Purinton, Anna) (Entered: 09/30/2025)

Joint Assented to MOTION for Discovery Entry of Order Regarding Preservation and Production filed by USA. (Attachments: # 1 Proposed Order Regarding Preservation and Production)(Purinton, Anna) (Entered: 09/30/2025)

NOTICE of Attorney Appearance by Brittney White on behalf of David Montanus, Lisa Montanus Attorney Brittney White added to party David Montanus(pty:dft), Attorney Brittney White added to party Lisa Montanus(pty:dft).(White, Brittney) (Entered: 09/30/2025)

Assented to MOTION to Stay Due to Lapse of Appropriations filed by USA.(Purinton, Anna) (Entered: 10/01/2025)

PROTECTIVE ORDER. So Ordered by Judge Steven J. McAuliffe.(lw) (Entered: 10/02/2025)

ORDER Regarding Preservation and Production in Discovery. So Ordered by Judge Steven J. McAuliffe.(lw) (Entered: 10/02/2025)

ENDORSED ORDER granting 9 Joint Assented to Motion for Protective Order; granting 10 Joint Assented to Motion for Discovery Entry of Order Regarding Preservation and Production. Text of Order: Granted; the proposed orders are adopted as orders of the court. So Ordered by Judge Steven J. McAuliffe.(lw)

Order on Motion to Stay

Order on Motion for Discovery AND Order on Motion for Protective Order

ENDORSED ORDER granting 12 Assented to Motion to Stay Due to Lapse of Appropriations. Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe.(lw)

STATUS REPORT by USA : Joint Statement Re Mediation(Purinton, Anna) (Entered: 01/26/2026)

ENDORSED ORDER re: 15 Status Report. Text of Order: Reviewed. Parties shall submit an updated Joint Statement Regarding Mediation on or before February 24, 2026. So Ordered by Judge Steven J. McAuliffe. Joint Statement re Mediation Follow Up on 2/24/2026.(lw)

Endorsed Order - not on motion AND ~Util - Set Deadlines

STATUS REPORT by USA : Joint Statement re: Mediation(Purinton, Anna) (Entered: 02/24/2026)

ENDORSED ORDER re 16 Status Report. Joint Statement re Mediation. Text of Order: Reviewed. The clerk's office shall schedule a pre-mediation conference with Magistrate Judge Saint-Marc. So Ordered by Judge Steven J. McAuliffe.(ko)

Endorsed Order - not on motion

NOTICE of Hearing via Video. Pre-Mediation Scheduling Conference via Video set for 3/10/2026 11:00 AM before US Magistrate Judge Talesha L. Saint-Marc.(kad)

Hearing Notice

NOTICE of Mediation Hearing. Mediation Hearing set for 4/7/2026 09:30 AM before US Magistrate Judge Talesha L. Saint-Marc.(kad) (Entered: 03/10/2026)

Minute Entry for proceedings held before US Magistrate Judge Talesha L. Saint-Marc. PRE-MEDIATION SCHEDULING CONFERENCE held on 3/10/2026. (Pltfs Atty: Anna Purinton) (Defts Atty: J. Daniel Marr, Brittney White)(Total Hearing Time: 7 min.) (kad)

Scheduling Conference

Minute Entry for proceedings held before US Magistrate Judge Talesha L. Saint-Marc. SETTLEMENT CONFERENCE/MEDIATION held on 4/7/2026. (Pltfs Atty: Anna Purinton) (Defts Atty: J. Daniel Marr, Brittney White)(Total Hearing Time: 6 hrs. 45 min.) (kad)

MEDIATION REPORT. Case Settlement Deadline 5/7/2026. So Ordered by US Magistrate Judge Talesha L. Saint-Marc.(lw) (Entered: 04/08/2026)

Settlement Conference/Mediation

Joint Assented to MOTION to Dismiss and Notice of Settlement filed by USA. (Attachments: # 1 Exhibit A: Settlement Agreement, # 2 Proposed Order to grant motion to dismiss)(Purinton, Anna) (Entered: 04/16/2026)

///ENDORSED ORDER granting 19 Joint Assented to Motion to Dismiss and Notice of Settlement. Text of Order: Granted; the proposed order is adopted as an order of the court. So Ordered by Judge Steven J. McAuliffe.(lw) (Entered: 04/20/2026)

JUDGMENT is hereby entered in accordance with 20 Order on Motion to Dismiss and Notice of Settlement. Signed by Tracy A. Uhrin, Clerk of Court. (Case Closed) (lw) (Entered: 04/22/2026)