Breck et al v. Stapleton

Federal Civil Lawsuit Montana District Court, Case No. 9:17-cv-00036
District Judge Brian Morris, presiding
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District Judge Brian  Morris
Last Updated July 29, 2025 at 4:37 AM EDT (11.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [03DCC9A], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net
Space Bryan Sells
No Logo Anonymized Party [48E6D5E], Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by The Law Office of Bryan L. Sells, LLC

Name Phone Fax E-Mail
Space Bryan L. Sells +1 404 480 4212 +1 404 480 4212 bryan@bryansellslaw.com
No Logo Anonymized Party [D434E83], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net
Space Bryan Sells
No Logo Anonymized Party [E00179A], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net
Space Bryan Sells
No Logo Danielle Breck, Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by LAW OFFICE OF BRYAN L. SELLS

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bryan L. Sells +1 404 480 4212 +1 404 480 4212 bryan@bryansellslaw.com
No Logo Doug Campbell, Plaintiff

Represented by LAW OFFICE OF BRYAN L. SELLS

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bryan L. Sells +1 404 480 4212 +1 404 480 4212 bryan@bryansellslaw.com
No Logo Steve Kelly, Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by LAW OFFICE OF BRYAN L. SELLS

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bryan L. Sells +1 404 480 4212 +1 404 480 4212 bryan@bryansellslaw.com
No Logo Thomas Breck, Plaintiff

Represented by BECHTOLD LAW FIRM

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy M Bechtold +1 406 721 1435 tim@bechtoldlaw.net

Represented by LAW OFFICE OF BRYAN L. SELLS

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Bryan L. Sells +1 404 480 4212 +1 404 480 4212 bryan@bryansellslaw.com
v.
No Logo Corey Stapleton, Defendant

Represented by Crowley Fleck PLLP

Name Phone Fax E-Mail
Space Dale M. Schowengerdt +1 406 444 2026 +1 406 444 3549 john.barnes@mt.gov

Represented by Natural Resource Damage Program

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dale M. Schowengerdt +1 406 444 2026 +1 406 444 3549 john.barnes@mt.gov

Represented by Office of the Montana Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Patrick M. Risken +1 406 444 2026 +1 406 444 3549 prisken@mt.gov

Represented by OFFICE OF THE YELLOWSTONE COUNTY ATTORNEY

Name Phone Fax E-Mail
Space Jeffrey M. Hindoien +1 406 444 6197 Jeff.Hindoien@mt.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey M. Hindoien +1 406 444 6197 Jeff.Hindoien@mt.gov
Space Patrick M. Risken +1 406 444 2026 +1 406 444 3549 prisken@mt.gov
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit 440 - Civil Rights: Other
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 34 Filed: 8/4/2017, Entered: 8/7/2017
MANDATE of USCA as to 20 Notice of Interlocutory Appeal filed by 48E6D5E, 03DCC9A, D434E83, E00179A. Appeal deemed dismissed voluntarily. (TAG)
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Legal Document (Payment Possibly Required) 33 Filed: 7/24/2017, Entered: 7/24/2017
CLERK'S JUDGMENT. (NOS)
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Legal Document (Payment Possibly Required) 32 Filed: 7/24/2017, Entered: 7/24/2017 Court Filing
ORDER granting 31 Motion for Permanent Injunction. Signed by Judge Brian Morris on 7/24/2017. (NOS)
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Legal Document (Payment Possibly Required) 31 Filed: 7/24/2017, Entered: 7/24/2017
Joint MOTION for Permanent Injunction Jeffrey M. Hindoien appearing for Defendant Corey Stapleton (Attachments: # 1 Text of Proposed Order Permanent Injunction Order) (Hindoien, Jeffrey)
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Legal Document (Payment Possibly Required) 30 Filed: 5/18/2017, Entered: 5/18/2017 Court Filing
ORDER: Consent to the jurisdiction of the United States Magistrate Judge having been withheld or met with objection, this case remains assigned to Judge Morris. Referral to Judge Lynch is terminated. Signed by Judge Brian Morris on 5/18/2017. (APP)
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Legal Document (Payment Possibly Required) 29 Filed: 4/18/2017, Entered: 4/18/2017
ORDER of USCA as to 20 Notice of Interlocutory Appeal filed by 48E6D5E, 03DCC9A, D434E83, E00179A (APP)
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Legal Document (Payment Possibly Required) 28 Filed: 4/14/2017, Entered: 4/14/2017
ANSWER to 1 Complaint by Corey Stapleton. (Hindoien, Jeffrey)
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Legal Document (Payment Possibly Required) 27 Filed: 4/13/2017, Entered: 4/13/2017 Court Filing
TRANSCRIPT of MOTION HEARING held on 04/04/2017, before Judge Morris. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 14 DAYS OF THIS FILING. Contact Court Reporter Julie Delong (Sampson), 406-498-3941, fortherecord3@charter.net. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 5/4/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/12/2017. (Attachments: # 1 Appendix A to Z Index) (JLS)
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Legal Document (Payment Possibly Required) 26 Filed: 4/11/2017, Entered: 4/11/2017 Court Filing
TRANSCRIPT DESIGNATION ORDER FORM by E00179A5EE, D434E83, 03DCC9A for proceedings held on 04/04/2017 before Judge Morris. Court reporter Julie Delong Sampson. Transcript due by 4/18/2017. (Sells, Bryan)
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Legal Document (Payment Possibly Required) 25 Filed: 4/11/2017, Entered: 4/11/2017 Court Filing
Electronic Mailing of Consent: Judge Lynch as Presiding Judge. Mailed to counsel Bryan Sells, Timothy M. Bechtold, Jeffrey M. Hindoien, Patrick M. Risken, Dale M. Schowengerdt. Consent/Objection to USMJ Form due by 4/28/2017. (APP)
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Legal Document (Payment Possibly Required) 24 Filed: 4/11/2017, Entered: 4/11/2017 Court Filing
ORDER granting in part and denying in part 21 Motion to Stay. Signed by Judge Brian Morris on 4/11/2017. (APP)
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Legal Document (Payment Possibly Required) 23 Filed: 4/9/2017, Entered: 4/10/2017
USCA Case Number 17-35310 for 20 Notice of Interlocutory Appeal filed by 48E6D5E, 03DCC9A, D434E83, E00179A. (NOS)
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Legal Document (Payment Possibly Required) 22 Filed: 4/9/2017, Entered: 4/9/2017
Brief/Memorandum in Support re 21 MOTION to Stay Pending Appeal filed by E00179A5EE, D434E83, 03DCC9A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 21 Filed: 4/9/2017, Entered: 4/9/2017
MOTION to Stay Pending Appeal Timothy M. Bechtold appearing for Plaintiffs E00179A5EE, D434E83, 03DCC9A Motions referred to Jeremiah C. Lynch. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 20 Filed: 4/9/2017, Entered: 4/9/2017
NOTICE OF INTERLOCUTORY APPEAL as to 19 Order on Motion for TRO, by E00179A5EE, D434E83, 03DCC9A. Filing fee $ 505, receipt number 0977-1932933. (Sells, Bryan)
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Legal Document (Payment Possibly Required) 19 Filed: 4/8/2017, Entered: 4/8/2017 Court Filing
The Court GRANTS Plaintiffs motion for Temporary Restraining Order and Preliminary Injunction 3 and enjoins the State from enforcing Montanas ballot access laws to the extent that it requires an independent or minor party candidate to obtain in excess of 400 valid signatures in order to appear on the ballot for the May 25, 2017, special election for the United States House of Representatives. Signed by Judge Brian Morris on 4/8/2017. (SLL)
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Legal Document (Payment Possibly Required) 18 Filed: 4/4/2017, Entered: 4/4/2017 Court Filing
MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 4/04/2017: Counsel Bryan Sells and Timothy Bechtold appearing on behalf of Plaintiffs; and, Counsel Jeffrey Hindoien, Patrick Risken, and Derek Oestreicher (Elections Director for State of MT) appearing on behalf of Defendant. This hearing is with regard to Plaintiffs 3 Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs call witnesses, all sworn and examined. Counsel Sells and Counsel Hindoien w/final argument. Matter is submitted. Hearing commenced at 3:12 p.m. and concluded at 6:31 p.m. (Court Reporter J. DeLong.) (Plaintiff Witnesses Sworn and Examined: Alan Miller, Bill Pfeiffer (via video conference), E00179A5EE, D434E83, 03DCC9A, Derek Oestreicher), (Plaintiff Exhibits Admitted: 1, 2, 3, 4, 7, 8, 9, 10), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) (Additional attachment(s) added on 4/5/2017: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10) (SLR).
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Legal Document (Payment Possibly Required) 17 Filed: 4/3/2017, Entered: 4/3/2017 Court Filing
ORDER granting 16 Motion to Present Testimony by Video Conference. Signed by Judge Brian Morris on 4/3/2017. (ASG)
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Legal Document (Payment Possibly Required) 16 Filed: 3/31/2017, Entered: 3/31/2017
Unopposed MOTION for Leave to Present Testimony by Video Conference Bryan Sells appearing for Plaintiffs E00179A5EE, D434E83, 03DCC9A Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Sells, Bryan)
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Legal Document (Payment Possibly Required) 15 Filed: 3/31/2017, Entered: 3/31/2017
RESPONSE to Motion re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Corey Stapleton. (Attachments: # 1 Exhibit Copy of Memorandum and Order 1, # 2 Exhibit Copy of Memorandum and Order 2, # 3 Exhibit Declaration of Derek Oestreicher) (Hindoien, Jeffrey)
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Legal Document (Payment Possibly Required) 14 Filed: 3/31/2017, Entered: 3/31/2017
AMENDED COMPLAINT by E00179A5EE, 03DCC9A, D434E83. Amendment to 1 Complaint . (Sells, Bryan) Modified on 4/3/2017 to reflect changing event wording from Amended Document to Amended Complaint (APP).
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Legal Document (Payment Possibly Required) 13 Filed: 3/27/2017, Entered: 3/27/2017
NOTICE of Appearance by Patrick M. Risken on behalf of Corey Stapleton (Risken, Patrick)
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Legal Document (Payment Possibly Required) 12 Filed: 3/25/2017, Entered: 3/25/2017 Court Filing
ORDER Setting Hearing on Motion 3 MOTION for Temporary Restraining Order and Preliminary Injunction : IT IS HEREBY ORDERED that the undersigned will conduct a hearing on Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 3) on Tuesday, April 4, 2017 at 3:00 p.m. at the Missouri River Federal Courthouse, Great Falls, Montana. Signed by Judge Brian Morris on 3/25/2017. (SLL)
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Legal Document (Payment Possibly Required) 11 Filed: 3/24/2017, Entered: 3/24/2017 Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Brian Morris for all further proceedings. Judge Dana L. Christensen no longer assigned to case. Signed by Judge Dana L. Christensen on 3/24/2017. (APP)
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Legal Document (Payment Possibly Required) 10 Filed: 3/24/2017, Entered: 3/24/2017
NOTICE of Acknowledgment of Pro Hac Vice Order by E00179A5EE, 03DCC9A re 8 Order on Motion to Appear Pro Hac Vice and Notice of Change of Address (Sells, Bryan)
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Legal Document (Payment Possibly Required) 9 Filed: 3/24/2017, Entered: 3/24/2017
AFFIDAVIT in Support re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by E00179A5EE, 03DCC9A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 8 Filed: 3/23/2017, Entered: 3/23/2017 Court Filing
ORDER granting 5 Motion to Appear Pro Hac Vice Acknowledgment of PHV Order due by 4/7/2017. Signed by Magistrate Judge Jeremiah C. Lynch on 3/23/2017. (TCL)
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Legal Document (Payment Possibly Required) 7 Filed: 3/23/2017, Entered: 3/23/2017
NOTICE of Change of Address by Jeffrey M. Hindoien (Hindoien, Jeffrey)
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Legal Document (Payment Possibly Required) 6 Filed: 3/23/2017, Entered: 3/23/2017
NOTICE of Appearance by Jeffrey M. Hindoien on behalf of Corey Stapleton (Hindoien, Jeffrey)
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Legal Document (Payment Possibly Required) 5 Filed: 3/22/2017, Entered: 3/22/2017
MOTION Bryan Sells to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1924320.) Timothy M. Bechtold appearing for Plaintiffs E00179A5EE, 03DCC9A Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Declaration of Bryan Sells, # 2 Proposed Order) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 4 Filed: 3/22/2017, Entered: 3/22/2017
Brief/Memorandum in Support re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by E00179A5EE, 03DCC9A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 3 Filed: 3/22/2017, Entered: 3/22/2017
MOTION for Temporary Restraining Order and Preliminary Injunction Timothy M. Bechtold appearing for Plaintiffs E00179A5EE, 03DCC9A Motions referred to Jeremiah C. Lynch. (Bechtold, Timothy) Modified on 3/27/2017 to reflect removing this from JCL's motion report per his inst (APP).
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Legal Document (Payment Possibly Required) 2 Filed: 3/22/2017, Entered: 3/22/2017
Summons Issued as to Corey Stapleton, Tim Fox. Originals mailed to counsel for Plaintiffs (TAG)
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Blank  Filed: 3/22/2017, Entered: 3/22/2017
Filing fee: $ 400, receipt number 0977-1923972 (TAG)
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Legal Document (Payment Possibly Required) 1 Filed: 3/22/2017, Entered: 3/22/2017
COMPLAINT against All Defendants, filed by 48E6D5E9A 03DCC9A. (Attachments: # 1 Civil Cover Sheet) (TAG)
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