1
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COMPLAINT against All Defendants, filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. (Attachments: # 1 Civil Cover Sheet) (BAW, ) (Entered: 09/12/2012)
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Sept. 12, 2012
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Sept. 12, 2012
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Filing fee paid in the amount of $ 350.00, receipt number 0977−1124656 (BAW, ) (Entered: 09/12/2012)
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Sept. 12, 2012
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Sept. 12, 2012
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2
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Summons Issued as to Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County and mailed to counsel Conley for service. (BAW, ) (Entered: 09/12/2012)
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Sept. 12, 2012
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Sept. 12, 2012
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3
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MOTION to Certify Class and Subclass Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French (Conley, Anna) (Entered: 09/12/2012)
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Sept. 12, 2012
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Sept. 12, 2012
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4
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Brief/Memorandum in Support re 3 MOTION to Certify Class and Subclass filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. (Conley, Anna) (Entered: 09/12/2012)
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Sept. 12, 2012
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Sept. 12, 2012
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5
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WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Missoula County waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)
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Sept. 28, 2012
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Sept. 28, 2012
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6
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WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Carl Ibsen waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)
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Sept. 28, 2012
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Sept. 28, 2012
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7
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WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Jason Kowalski waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)
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Sept. 28, 2012
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Sept. 28, 2012
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8
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WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Mark Foss waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)
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Sept. 28, 2012
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Sept. 28, 2012
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9
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WAIVER OF SERVICE Returned Executed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French. Mark Harris waiver sent on 9/12/2012, answer due 11/13/2012. (Conley, Anna) (Entered: 09/28/2012)
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Sept. 28, 2012
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Sept. 28, 2012
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11
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ORDER granting 3 Motion to Certify Class. It is further ordered that Anna Conley and Greg Munro are appointed as class counsel. Signed by Judge Donald W. Molloy on 10/17/2012. (ASG, ) (Entered: 10/17/2012)
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Oct. 17, 2012
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Oct. 17, 2012
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12
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MOTION to Set Aside 11 Order on Motion to Certify Class and Allow Defendants to File Brief Kevin A. Twidwell appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Exhibit A − Signed Waivers, # 2 Exhibit B − Correspondence) (Twidwell, Kevin) (Entered: 10/18/2012)
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Oct. 18, 2012
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Oct. 18, 2012
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13
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NOTICE of Appearance by Charles E. McNeil on behalf of Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (McNeil, Charles) (Entered: 10/18/2012)
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Oct. 18, 2012
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Oct. 18, 2012
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14
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ORDER denying 12 Motion to Set Aside, subject to renewal. Signed by Judge Donald W. Molloy on 10/18/2012. (ASG, ) (Entered: 10/18/2012)
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Oct. 18, 2012
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Oct. 18, 2012
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15
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NOTICE of Appearance by Elena J. Zlatnik on behalf of Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Zlatnik, Elena) (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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16
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ANSWER to 10 Amended Complaint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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17
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MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class Kevin A. Twidwell appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Twidwell, Kevin) (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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18
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(INCORRECT PDF ATTACHED per call from counsel−see document 20) Brief/Memorandum in Support re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) . (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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19
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AFFIDAVIT/DECLARATION re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Exhibit A − Burkowski release receipt report, # 2 Exhibit B − French release receipt report, # 3 Exhibit C − Chiefgoesout release receipt report) (Twidwell, Kevin) (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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20
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Brief/Memorandum in Support re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 11/09/2012)
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Nov. 9, 2012
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Nov. 9, 2012
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21
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Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Set Aside Class Certification Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Text of Proposed Order) (Conley, Anna) (Entered: 11/15/2012)
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Nov. 15, 2012
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Nov. 15, 2012
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22
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ORDER granting 21 Motion for Extension of Time to File Response/Reply re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class. Responses due by 11/30/2012. Replies due by 12/14/2012. Motions ripe 11/30/2012. Signed by Judge Donald W. Molloy on 11/16/2012. (dle) (Entered: 11/16/2012)
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Nov. 16, 2012
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Nov. 16, 2012
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23
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PRELIMINARY PRETRIAL CONFERENCE ORDER:Preliminary Pretrial Statement due by 1/8/2013. Joint Discovery Plan due by 1/8/2013. Pretrial Conference set for 1/15/2013 at 11:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 11/20/2012. (dle) (Entered: 11/20/2012)
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Nov. 20, 2012
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Nov. 20, 2012
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24
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Unopposed MOTION for Leave to File Second Amended Complaint Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Order) (Conley, Anna) (Entered: 11/29/2012)
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Nov. 29, 2012
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Nov. 29, 2012
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26
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ORDER granting 24 Motion for Leave to File second amended complaint. Signed by Judge Donald W. Molloy on 11/30/2012. (dle) (Entered: 11/30/2012)
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Nov. 30, 2012
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Nov. 30, 2012
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27
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AMENDED COMPLAINT against All Defendants, filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 12/03/2012)
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Dec. 3, 2012
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Dec. 3, 2012
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28
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REPLY to Response to Motion re 17 MOTION to Set Aside 14 Order on Motion to Set Aside, 11 Order on Motion to Certify Class filed by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Zlatnik, Elena) (Entered: 12/12/2012)
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Dec. 12, 2012
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Dec. 12, 2012
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29
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Defendants' ANSWER to 27 Amended Complaint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 12/20/2012)
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Dec. 20, 2012
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Dec. 20, 2012
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30
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PRELIMINARY PRETRIAL STATEMENT by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Twidwell, Kevin) (Entered: 01/08/2013)
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Jan. 8, 2013
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Jan. 8, 2013
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31
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PRELIMINARY PRETRIAL STATEMENT by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/08/2013)
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Jan. 8, 2013
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Jan. 8, 2013
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32
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JOINT DISCOVERY PLAN by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/08/2013)
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Jan. 8, 2013
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Jan. 8, 2013
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33
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Unopposed MOTION for Leave to File Additional Evidence Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Order) (Conley, Anna) (Entered: 01/09/2013)
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Jan. 9, 2013
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Jan. 9, 2013
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34
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Brief/Memorandum in Support re 33 Unopposed MOTION for Leave to File Additional Evidence filed by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris. (Conley, Anna) (Entered: 01/09/2013)
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Jan. 9, 2013
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Jan. 9, 2013
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35
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ORDER granting 33 Motion for Leave to File additional evidence. Signed by Judge Donald W. Molloy on 1/9/2013. (dle) (Entered: 01/09/2013)
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Jan. 9, 2013
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Jan. 9, 2013
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36
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NOTICE by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Exhibit A) (Conley, Anna) (Entered: 01/10/2013)
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Jan. 10, 2013
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Jan. 10, 2013
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37
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ORDER denying 17 Motion to Set Aside Class Certification. Signed by Judge Donald W. Molloy on 1/10/2013. (dle)
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Jan. 10, 2013
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Jan. 10, 2013
RECAP
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38
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SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2013 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 10/15/2013 at 8:30 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 1/29/2013. Discovery due by 7/3/2013. Motions due by 8/3/2013. Proposed Pretrial Order due by 9/25/2013. Signed by Judge Donald W. Molloy on 1/15/2013. (dle) (Entered: 01/15/2013)
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Jan. 15, 2013
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Jan. 15, 2013
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39
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Joint MOTION to Stay Proceeings and to Vacate Scheduling Order Charles E. McNeil appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Exhibit A − proposed Order) (McNeil, Charles) (Entered: 02/26/2013)
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Feb. 26, 2013
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Feb. 26, 2013
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40
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ORDER STAYING CASE. Motions terminated: 39 Joint MOTION to Stay Proceeings and to Vacate Scheduling Order filed by Mark Foss, Carl Ibsen, Missoula County, Mark Harris, Jason Kowalski. Status Report due by 4/15/2013. Signed by Judge Donald W. Molloy on 2/27/2013. (dle) (Entered: 02/27/2013)
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Feb. 27, 2013
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Feb. 27, 2013
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41
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STATUS REPORT Joint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 04/12/2013)
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April 12, 2013
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April 12, 2013
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43
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Joint MOTION to Approve Settlement Agreement Preliminarily, Notice to Class and Schedule Fairness Hearing Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Conley, Anna) (Entered: 07/10/2013)
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July 10, 2013
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July 10, 2013
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44
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BRIEF IN SUPPORT of Joint MOTION to Approve Settlement Agreement Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Proposed Settlement Agreement, # 2 Exhibit Proposed Notice to Class, # 3 Text of Proposed Order Proposed Order) (Conley, Anna) Modified on 7/10/2013 (BAW, ). (Entered: 07/10/2013)
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July 10, 2013
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July 10, 2013
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45
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Notice of Correction: re 44 Joint MOTION to Approve Settlement Agreement Brief in Support . The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (BAW, ) (Entered: 07/10/2013)
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July 10, 2013
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July 10, 2013
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46
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ORDER granting 43 Joint MOTION; Setting Hearing on Motion 43 Joint MOTION to Approve Settlement Agreement to determine whether the proposed settlement agreement is fair, reasonable, and adequate and should be approved by the court set for 10/31/2013 at 09:00 AM in Missoula, MT before Judge Donald W. Molloy.) Signed by Judge Donald W. Molloy on 7/12/2013. (BAW, ) (Entered: 07/12/2013)
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July 12, 2013
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July 12, 2013
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47
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Unopposed MOTION to Clarify Order (Dkt.46) Charles E. McNeil appearing for Defendants Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County (Attachments: # 1 Text of Proposed Order Order for clarification, # 2 Exhibit Revised Ex B) (McNeil, Charles) (Entered: 07/24/2013)
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July 24, 2013
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July 24, 2013
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48
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ORDER granting 47 Motion to Clarify. Signed by Judge Donald W. Molloy on 7/25/2013. (Attachments: # 1 Exhibit B) (dle) (Entered: 07/25/2013)
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July 25, 2013
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July 25, 2013
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49
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AFFIDAVIT/DECLARATION re 46 Order, Terminate Motions, Order Setting Hearing on Motion,,, of Jason Kowalski by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 10/04/2013)
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Oct. 4, 2013
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Oct. 4, 2013
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50
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Minute Entry for proceedings held before Judge Donald W. Molloy: Motion Hearing held on 10/31/2013 re 43 Joint MOTION to Approve Settlement Agreement Preliminarily, Notice to Class and Schedule Fairness Hearing filed by Lynda French, Laurna Chief Goes Out, Dawn Morris, Brandy Burkowski. Counsel Greg Munro and Anna Conley appearing on behalf of the Plaintiffs, Counsel Chuck McNeil appearing on behalf of the Defendants. Settlement agreement discussed. Initial requirements in Court's Order have been met. Court approves settlement under terms proposed; Order adopting signed in open Court. Hearing commenced at 9:06 a.m. and concluded at 9:15 a.m. (Court Reporter JoAnn Bacheller.) (NOS, ) (Entered: 10/31/2013)
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Oct. 31, 2013
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Oct. 31, 2013
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51
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CONSENT DECREE, ORDER AND JUDGMENT APPROVING AND ADOPTING PROPOSED SETTLEMENT AGREEMENT. Signed by Judge Donald W. Molloy on 10/31/2013. (Attachments: # 1 Exhibit A − Settlement Agreement) (NOS, ) (Entered: 10/31/2013)
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Oct. 31, 2013
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Oct. 31, 2013
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Administrative Correction: Case inadvertently closed. Case reopended this date. (CDH, ) (Entered: 10/31/2013)
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Oct. 31, 2013
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Oct. 31, 2013
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52
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Unopposed MOTION for Attorney Fees Anna C. Conley appearing for Plaintiffs Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Attachments: # 1 Exhibit Stipulation Regarding Attorneys Fees, # 2 Exhibit Proposed Order Regarding Attorneys Fees) (Conley, Anna) (Entered: 11/14/2013)
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Nov. 14, 2013
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Nov. 14, 2013
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53
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ORDER granting 52 Motion for Attorney Fees. Signed by Judge Donald W. Molloy on 11/15/2013. (dle) (Entered: 11/15/2013)
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Nov. 15, 2013
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Nov. 15, 2013
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54
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STATUS REPORT (Joint) by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Outback Construction Memo) (McNeil, Charles) (Entered: 01/15/2014)
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Jan. 15, 2014
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Jan. 15, 2014
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55
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STATUS REPORT Supplemental Joint by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (Attachments: # 1 Letter of Transmittal) (McNeil, Charles) (Entered: 05/05/2014)
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May 5, 2014
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May 5, 2014
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57
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NOTICE of Substitution of Counsel by Brandy Burkowski, Laurna Chief Goes Out, Lynda French, Dawn Morris (Conley, Anna) (Entered: 06/25/2014)
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June 25, 2014
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June 25, 2014
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58
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STATUS REPORT by Laurna Chief Goes Out. (Taylor, James) (Entered: 06/30/2015)
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June 30, 2015
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June 30, 2015
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59
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STATUS REPORT (Joint) by Mark Foss, Mark Harris, Carl Ibsen, Jason Kowalski, Missoula County. (McNeil, Charles) (Entered: 03/04/2016)
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March 4, 2016
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March 4, 2016
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60
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NOTICE of Substitution of Counsel by Missoula County (Hart, John) (Entered: 04/11/2016)
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April 11, 2016
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April 11, 2016
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61
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NOTICE of Change of Address by John W. Hart (Hart, John) (Entered: 04/14/2016)
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April 14, 2016
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April 14, 2016
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62
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NOTICE of Change of Address by John W. Hart (Hart, John) (Entered: 04/15/2016)
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April 15, 2016
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April 15, 2016
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63
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MOTION termination of prospective relief re 51 Consent Judgment Charles E. McNeil appearing for Defendant Missoula County (Attachments: # 1 Text of Proposed Order termination of prospective relief) (McNeil, Charles) (Entered: 07/21/2016)
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July 21, 2016
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July 21, 2016
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64
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Brief/Memorandum in Support re 63 MOTION termination of prospective relief re 51 Consent Judgment filed by Missoula County. (McNeil, Charles) (Entered: 07/21/2016)
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July 21, 2016
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July 21, 2016
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65
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ORDER granting 63 Motion to terminate prospective relief. The prospective relief within the Consent Decree is terminated. Signed by Judge Donald W. Molloy on 7/21/2016. (DLE) (Entered: 07/21/2016)
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July 21, 2016
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July 21, 2016
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