Case: United States v. Montanus

1:25-cv-00195 | U.S. District Court for the District of New Hampshire

Filed Date: May 23, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the allegedly unlawful actions of two property owners under the Violence Against Women Act Reauthorization of 2022 (VAWA). It was the first lawsuit filed by the Civil Rights Division of the Department of Justice to enforce the Housing Rights Subpart of VAWA. On May 23, 2025, the United States of America filed this action in the U.S. District Court for the District of New Hampshire on behalf of Complainant B.G., a female domestic violence survivor and tenant who resided with…

This case challenges the allegedly unlawful actions of two property owners under the Violence Against Women Act Reauthorization of 2022 (VAWA). It was the first lawsuit filed by the Civil Rights Division of the Department of Justice to enforce the Housing Rights Subpart of VAWA.

On May 23, 2025, the United States of America filed this action in the U.S. District Court for the District of New Hampshire on behalf of Complainant B.G., a female domestic violence survivor and tenant who resided with her two minor children in New Hampshire. Complainant and her then-partner Joshua Hicks had entered into an oral rent-to-own lease agreement with Defendants — the co-owners of the property and parents of Hicks — beginning around August 31, 2021. On or around September 30, 2023, Hicks physically assaulted Complainant, and on October 5, 2023, she reported his violence to the police. He was arrested that evening and later indicted on multiple charges, including second-degree assault and two counts of aggravated felonious sexual assault. That same afternoon, when Complainant returned to the property to retrieve clothing and medication for her children, Defendants informed her she "no longer lived" there, demanded her key and garage opener, locked the doors, and had moved her possessions into the garage.

The complaint asserts that Defendants subsequently served two eviction notices and ultimately sold the property in April 2024, forcing Complainant and her children to vacate by August 2024. The United States alleges that Defendants violated the Housing Rights Subpart of VAWA by penalizing and evicting Complainant based on her request for law enforcement assistance. The United States sought a declaratory judgment that Defendants actions violated VAWA, injunctive relief preventing Defendants from penalizing anyone based on their requests for law enforcement or emergency assistance, and monetary damages. The case was assigned to District Judge Steven McAuliffe and Magistrate Judge Talesha Saint-Marc.

On July 18, 2025, the United States filed an amended complaint that expanded the description of damages to include emotional distress and out-of-pocket expenses suffered by Complainant. Accordingly, the relief was modified to include compensatory and emotional distress damages. 

The parties filed a joint statement on February 24, 2026, that they sought to proceed through mediation. The mediation hearing took place before Magistrate Judge Saint-Marc on April 7. The United States filed a joint motion to dismiss and notice of settlement on April 16. Per the settlement agreement, Defendants agreed to play a total of $25,000 in monetary damages and Complainant agreed to release all claims against them. The court granted the joint motion to dismiss on April 20, 2026, and retained jurisdiction to enforce the terms of the settlement agreement until April 16, 2029. 

As of July 31, 2026, the parties are working towards implementing the terms of the settlement.

Summary Authors

Ian Gibson (7/31/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70349888/parties/united-states-v-montanus/


Judge(s)

McAuliffe, Steven J. (New Hampshire)

Attorney for Plaintiff

Purinton, Anna (New Hampshire)

Attorney for Defendant

Marr, J. Daniel (New Hampshire)

White, Brittney (New Hampshire)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00195

Complaint and Demand for Jury Trial

United States of America v. Montanus et al.

May 23, 2025

May 23, 2025

Complaint
6

1:25-cv-00195

Amended Complaint and Demand for Jury Trial

United States of America v. Montanus

July 18, 2025

July 18, 2025

Complaint
19-1

1:25-cv-00195

Settlement Agreement Between Plaintiff United States of America and Defendants David Montanus and Lisa Montanus

April 16, 2026

April 16, 2026

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70349888/united-states-v-montanus/

Last updated Sept. 9, 2026, 3:24 a.m.

Docket for: United States v. Montanus
ECF Number Date Description Link
1 May 23, 2025

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)

Clearinghouse
May 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)

2 May 27, 2025

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)

RECAP
May 27, 2025

Notice - ECF

May 27, 2025

Case Assigned

May 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)

3 June 2, 2025

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)

RECAP
4 June 2, 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)

RECAP
5 July 16, 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)

RECAP
July 17, 2025

Order on Motion to Amend

July 17, 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)

6 July 18, 2025

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

Clearinghouse
7 Aug. 15, 2025

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

RECAP
Aug. 19, 2025

Pretrial Conference

Aug. 19, 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)

8 Sept. 24, 2025

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)

RECAP
Sept. 25, 2025

Trial Notice

Sept. 25, 2025

Order on Discovery Plan

Sept. 25, 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)

Sept. 25, 2025

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)

9 Sept. 30, 2025

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

RECAP
10 Sept. 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)

RECAP
11 Sept. 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)

RECAP
12 Oct. 1, 2025

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

RECAP
13 Oct. 2, 2025

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

RECAP
14 Oct. 2, 2025

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

RECAP
Oct. 2, 2025

Order on Motion to Stay

Oct. 2, 2025

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

Oct. 2, 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)

Oct. 2, 2025

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)

15 Jan. 26, 2026

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

RECAP
Jan. 29, 2026

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

Jan. 29, 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)

16 Feb. 24, 2026

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

RECAP
March 2, 2026

Endorsed Order - not on motion

March 2, 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)

March 3, 2026

Hearing Notice

March 3, 2026

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)

17 March 10, 2026

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)

RECAP
March 10, 2026

Scheduling Conference

March 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)

April 7, 2026

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)

18 April 8, 2026

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

RECAP
April 8, 2026

Settlement Conference/Mediation

19 April 16, 2026

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)

RECAP
20 April 20, 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)

RECAP
21 April 22, 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)

RECAP

Case Details

State / Territory:

New Hampshire

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: May 23, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States on behalf of B.G., a tenant of Defendant's.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

David and Lisa Montanus

Case Details

Other Dockets:

District of New Hampshire 1:25-cv-00195

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 25000

Issues

General/Misc.:

Housing

Recommended Citation