Koon v. Finch

Federal Civil Lawsuit Montana District Court, Case No. 4:16-cv-00104
District Judge Brian Morris, presiding
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District Judge Brian  Morris
Last Updated July 29, 2025 at 4:36 AM EDT (11.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [69C0F2A], Plaintiff

Represented by BECHTOLD LAW FIRM

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

Represented by harteliuslaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Channing Hartelius channing@harteliuslaw.com
v.
No Logo Anonymized Party [4B07AF2], Defendant

Represented by HAMMER HEWITT JACOBS & FLOCH

Name Phone Fax E-Mail
Space Todd A. Hammer +1 406 755 2225 +7555 755 755 5155 toddhammer@attorneysmontana.com
Space Marcel A. Quinn +1 406 755 2225 +1 406 755 5155 marcelquinn@attorneysmontana.com
Space Tammy Wyatt-Shaw +1 406 755 2225 +1 406 755 5155 twshaw@attorneysmontana.com
No Logo City of Fort Benton, Defendant

Represented by BOONE KARLBERG PC

Name Phone Fax E-Mail
Space William L. Crowley +1 406 543 6646 +5496 549 549 6804 bcrowley@boonekarlberg.com
Space Tracey Neighbor Johnson +1 406 543 6646 +1 406 549 6804 tnjohnson@boonekarlberg.com
Space Natasha Prinzing Jones +1 406 543 6646 +5496 549 549 6804 npjones@boonekarlberg.com
No Logo Does 1-10, Defendant
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit Civil Rights: Other
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (54) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 53 Filed: 2/26/2018, Entered: 2/26/2018 Court Filing
ORDER granting 52 JOINT Motion to Dismiss with Prejudice. Signed by Judge Brian Morris on 2/26/2018. (ACC)
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Legal Document (Payment Possibly Required) 52 Filed: 2/22/2018, Entered: 2/22/2018
Joint MOTION to Dismiss Timothy M. Bechtold appearing for Plaintiff 69C0F2A Motions referred to John Johnston. (Attachments: # 1 Proposed Order) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 51 Filed: 1/24/2018, Entered: 1/24/2018 Court Filing
Order: The Court has been informed that this case settled. (Doc. 50) Accordingly, IT IS HEREBY ORDERED that all hearings and deadlines in the case are VACATED. The parties shall file a stipulation for dismissal and submit to the undersigned a proposed order of dismissal on or before February 24, 2018, or show good cause for their failure to do so. Signed by Judge Brian Morris on 1/24/2018. (ACC)
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Legal Document (Payment Possibly Required) 50 Filed: 1/24/2018, Entered: 1/24/2018
NOTICE of Settlement by City of Fort Benton (Jones, Natasha)
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Legal Document (Payment Possibly Required) 49 Filed: 1/23/2018, Entered: 1/23/2018 Court Filing
ORDER: Counsel for the Plaintiff will file a motion for Writ of Habeas Corpus ad testificandum to the State custodian to have Jaime 69C0F2A brought to trial scheduled for February 12, 2018. The United States Marshal Service cannot produce a prisoner for a civil proceeding, nor pay to house them. Signed by Judge Brian Morris on 1/23/2018. (MMS)
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Legal Document (Payment Possibly Required) 48 Filed: 1/18/2018, Entered: 1/18/2018
Writ of Habeas Corpus ad Testificandum Issued as to 69C0F2A for February 12, 2018. (MMS) (Original given to USM)
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Legal Document (Payment Possibly Required) 47 Filed: 1/17/2018, Entered: 1/17/2018
MOTION for Writ of Habeas Corpus ad testificandum Timothy M. Bechtold appearing for Plaintiff 69C0F2A Motions referred to John Johnston. (Attachments: # 1 Proposed Order) (Bechtold, Timothy)
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Blank 46 Filed: 1/3/2018, Entered: 1/3/2018 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: MOTION HEARING held on 1/3/2018 re 31 MOTION for Summary Judgment filed by City of Fort Benton, 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 filed by 4B07AF2. Plaintiff Counsel Channing Hartelius and Tim Bechtold. Defendant Counsel Todd Hammer, Tracey Johnson, Marcel Quinn and Jordan Crosby appearing as Fort Benton City attorney. Arguments presented by parties on motions. Court takes motions under advisement. Hearing commenced at 2:14 and concluded at 3:19. (Court Reporter Y. Heinze.) (Law Clerk: B. Geer), (Hearing held in Chief Mtn Crtrm (Great Falls) (ACC)
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Legal Document (Payment Possibly Required) 45 Filed: 12/12/2017, Entered: 12/12/2017
REPLY to Response to Motion re 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 filed by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 44 Filed: 12/6/2017, Entered: 12/6/2017
Statement of Disputed Facts re: 36 Statement of Undisputed Fact filed by 69C0F2A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 43 Filed: 12/6/2017, Entered: 12/6/2017
RESPONSE to Motion re 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 filed by 69C0F2A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 42 Filed: 11/30/2017, Entered: 11/30/2017
REPLY to Response to Motion re 31 MOTION for Summary Judgment filed by City of Fort Benton. (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 41 Filed: 11/27/2017, Entered: 11/27/2017 Court Filing
ORDER: IT IS HEREBY ORDERED that the undersigned will conduct a hearing on the following motions on Wednesday, January 3, 2018 at 2:00 p.m. at the Missouri River Federal Courthouse, Great Falls, Montana: 31 MOTION for Summary Judgment , 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2. Signed by Magistrate Judge John Johnston on 11/27/2017. (ACC)
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Legal Document (Payment Possibly Required) 40 Filed: 11/16/2017, Entered: 11/16/2017
Statement of Disputed Facts re: 33 Statement of Undisputed Fact,, filed by 69C0F2A. (Attachments: # 1 POST file, # 2 Great Falls file, # 3 Turner depo, # 4 Fort Benton file, # 5 69C0F2A depo) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 39 Filed: 11/16/2017, Entered: 11/16/2017
RESPONSE to Motion re 31 MOTION for Summary Judgment filed by 69C0F2A. (Attachments: # 1 Nuanes Report) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 38 Filed: 11/16/2017, Entered: 11/16/2017
Brief/Memorandum in Support re 37 Joinder in Motion for Summary Judgment on State Constitutional Claims filed by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 37 Filed: 11/16/2017, Entered: 11/16/2017
Joinder in MOTION re 31 MOTION for Summary Judgment on State Constitutional Claims filed by 4B07AF2 . (Hammer, Todd) Modified on 11/16/2017 to add text(ACC).
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Legal Document (Payment Possibly Required) 36 Filed: 11/15/2017, Entered: 11/15/2017
Statement of Undisputed Fact re: 35 Brief/Memorandum in Support, 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 by 4B07AF2 filed by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 35 Filed: 11/15/2017, Entered: 11/15/2017
Brief/Memorandum in Support re 34 MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 Brief in Support of Motion for Dismissal and Default Judgment filed by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 34 Filed: 11/15/2017, Entered: 11/15/2017
MOTION for Sanctions Motion for Dismissal and/or Default Judgment of 4B07AF2 Todd A. Hammer appearing for Defendant 4B07AF2 Motions referred to John Johnston. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 33 Filed: 10/26/2017, Entered: 10/26/2017
Statement of Undisputed Fact re: 31 MOTION for Summary Judgment , 32 Brief/Memorandum in Support. (Attachments: # 1 Exhibit A - Excerpts of Turner Depo, # 2 Exhibit B - Excerpts of 4B07AF2 Depo, # 3 Exhibit C - Excerpts of City Policies, # 4 Exhibit D - Excerpts of Police Dept Policies, # 5 Exhibit E - Excerpts of 69C0F2A Depo, # 6 Exhibit F - 4B07AF2 Mental Hlth Decl, # 7 Exhibit G - Ltr Turner to Johnson, # 8 Exhibit H - McDermott DOJ Rpt, # 9 Exhibit I - Turner Ltr, # 10 Exhibit J - Turner Ltr to 4B07AF2, # 11 Exhibit K - Johnson Ltr to Holden, # 12 Exhibit L - Johnson Not of Termin to POST, # 13 Exhibit M - Bowen Memo to POST, # 14 Exhibit N - Johnson Ltr to 4B07AF2) (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 32 Filed: 10/26/2017, Entered: 10/26/2017
Brief/Memorandum in Support re 31 MOTION for Summary Judgment filed by City of Fort Benton. (Attachments: # 1 Exhibit Plf's Disc Resps) (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 31 Filed: 10/26/2017, Entered: 10/26/2017
MOTION for Summary Judgment Tracey Neighbor Johnson appearing for Defendant City of Fort Benton Motions referred to John Johnston. (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 30 Filed: 10/5/2017, Entered: 10/5/2017
Notice of Correction: re 29 Disclosure Statement. The filing error relates to: Discovery. See the attached document for a brief description of the error made. (TLO)
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Blank 29 Filed: 10/5/2017, Entered: 10/5/2017
Disclosure Statement by 4B07AF2. (Attachments: # 1 Exhibit CV of Harmor, # 2 Exhibit CV of Butler) (Hammer, Todd) Modified on 10/5/2017 to reflect document deleted - See Notice of correction 30 (TLO).
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Legal Document (Payment Possibly Required) 28 Filed: 7/25/2017, Entered: 7/25/2017 Court Filing
ORDER granting 27 Motion to Take Deposition Signed by Judge Brian Morris on 7/25/2017. (MMS)
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Legal Document (Payment Possibly Required) 27 Filed: 7/18/2017, Entered: 7/18/2017
Unopposed MOTION to Take Deposition from 69C0F2A , an Incarcerated Person Tracey Neighbor Johnson appearing for Defendant City of Fort Benton Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order Grnt Lv to Take Depo of Incarcerated Person) (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 26 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
SCHEDULING ORDER: A preliminary pretrial conference was held by telephone on 2/7/2017: Final Pretrial Conference set for 2/1/2018 at 01:30 PM in Great Falls, MT before Magistrate Judge John Johnston. Jury Trial set for 2/12/2018 at 09:00 AM in Great Falls, MT before Magistrate Judge John Johnston. Amended Pleadings due by 7/19/2017. Joinder of Parties due by 7/19/2017. Motions due by 12/30/2017. Signed by Magistrate Judge John Johnston on 2/8/2017. (MMS)
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Blank 25 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Telephonic Preliminary Pretrial Conference held on 2/7/2017. (Law Clerk: M. Wilson), (SLL)
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Legal Document (Payment Possibly Required) 24 Filed: 2/6/2017, Entered: 2/6/2017 Court Filing
ORDER granting 21 , 22 , 23 Motions to Participate in the Preliminary Pretrial Conference by telephone. All parties may participate in the pretrial conference on 2/7/2017 at 1:00 p.m. via telephone. The Court will contact the parties with the call-in information. Signed by Magistrate Judge John Johnston on 2/6/2017. (MMS)
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Legal Document (Payment Possibly Required) 23 Filed: 2/6/2017, Entered: 2/6/2017
Unopposed MOTION for Hearing re 20 Preliminary Pretrial Conference Order, (to appear via phone) Natasha Prinzing Jones appearing for Defendant City of Fort Benton Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order Grnt Mot to Appear Via Phone) (Jones, Natasha)
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Legal Document (Payment Possibly Required) 22 Filed: 2/6/2017, Entered: 2/6/2017
Unopposed MOTION for Hearing re 20 Preliminary Pretrial Conference Order, to participate via telephone Timothy M. Bechtold appearing for Plaintiff 69C0F2A Motions referred to John Johnston. (Attachments: # 1 Proposed Order) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 21 Filed: 2/6/2017, Entered: 2/6/2017
Unopposed MOTION for Hearing re 20 Preliminary Pretrial Conference Order, to participate via telephone Todd A. Hammer appearing for Defendant 4B07AF2 Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order Exhibit A) (Hammer, Todd)
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Blank 20 Filed: 2/5/2017, Entered: 2/5/2017 Court Filing
TEXT ORDER: The Pretrial Conference is RESET for 2/7/2017 at 01:00 PM in Great Falls, MT before Magistrate Judge John Johnston. The parties are to report to the chambers of the undersigned. Signed by Magistrate Judge John Johnston on 2/5/2017. (SLL)
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Legal Document (Payment Possibly Required) 19 Filed: 2/1/2017, Entered: 2/1/2017 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 United States District Judge Brian Morris and referred to United States Magistrate Judge John Johnston. Signed by Judge Brian Morris on 2/1/2017. (ACC)
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Legal Document (Payment Possibly Required) 18 Filed: 2/1/2017, Entered: 2/1/2017 Court Filing
Order; The Preliminary Pretrial Conference is reset for 2/7/2017 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Signed by Judge John Johnston on 2/1/2017. (TLO)
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Legal Document (Payment Possibly Required) 17 Filed: 1/31/2017, Entered: 1/31/2017 Court Filing
ORDER: Plaintiff 69C0F2A has moved the Court to issue an Order compelling the Montana Department of Justice Division of Criminal Investigation to produce its investigation files concerning Defendant 4B07AF2 and 69C0F2A. Montana DCI is not opposed to producing these files in their entirety, but has requested a Court Order to compel it to produce the files. Defendants are not opposed to this Motion. WHEREFORE, IT IS HEREBY ORDERED that the 16 Motion is GRANTED. IT IS FURTHER ORDERED that on or before February 20, 2017, the Montana Department of Justice Division of Criminal Investigation shall produce to counsel for Plaintiff in this matter its complete investigation files concerning Defendant 4B07AF2 and Plaintiff 69C0F2A. Signed by Magistrate Judge John Johnston on 1/31/2017. (SLR)
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Legal Document (Payment Possibly Required) 16 Filed: 1/30/2017, Entered: 1/30/2017
Unopposed MOTION to Compel Timothy M. Bechtold appearing for Plaintiff 69C0F2A Motions referred to John Johnston. (Attachments: # 1 Proposed Order) (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 15 Filed: 1/25/2017, Entered: 1/25/2017
PRELIMINARY PRETRIAL STATEMENT by City of Fort Benton. (Crowley, William)
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Legal Document (Payment Possibly Required) 14 Filed: 1/25/2017, Entered: 1/25/2017
JOINT DISCOVERY PLAN by City of Fort Benton. (Crowley, William)
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Legal Document (Payment Possibly Required) 13 Filed: 1/25/2017, Entered: 1/25/2017
STATEMENT OF STIPULATED FACTS by 69C0F2A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 12 Filed: 1/25/2017, Entered: 1/25/2017
PRELIMINARY PRETRIAL STATEMENT by 69C0F2A. (Bechtold, Timothy)
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Legal Document (Payment Possibly Required) 11 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
Order Setting Preliminary Pretrial Conference for 2/8/2017 at 02:00 PM in Great Falls, MT before Magistrate Judge John Johnston. Preliminary Pretrial Statement due by 2/1/2017. Statement of Stipulated Facts due by 2/1/2017. Joint Discovery Plan due by 2/1/2017. Signed by Magistrate Judge John Johnston on 1/10/2017. (TLO)
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Legal Document (Payment Possibly Required) 10 Filed: 1/9/2017, Entered: 1/9/2017 Court Filing
Mailing of Consent - Honorable John Johnston as Presiding Judge. Electronically Mailed to counsel William L. Crowley, Natasha Prinzing Jones, Tracey Neighbor Johnson, Todd A. Hammer, Marcel A. Quinn, Tammy Wyatt-Shaw, Timothy M. Bechtold, Channing Hartelius. Consent/Objection to USMJ Form due by 1/26/2017. (TLO)
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Legal Document (Payment Possibly Required) 9 Filed: 1/9/2017, Entered: 1/9/2017
Disclosure Statement by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 8 Filed: 1/9/2017, Entered: 1/9/2017
PRELIMINARY PRETRIAL STATEMENT by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 7 Filed: 1/9/2017, Entered: 1/9/2017
Answer of Defendant 4B07AF2 ANSWER to 1 Complaint with Jury Demand by 4B07AF2. (Hammer, Todd)
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Legal Document (Payment Possibly Required) 6 Filed: 11/30/2016, Entered: 11/30/2016
ANSWER to 1 Complaint by City of Fort Benton. (Crowley, William)
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Legal Document (Payment Possibly Required) 5 Filed: 11/18/2016, Entered: 11/18/2016
NOTICE of Appearance by Tracey Neighbor Johnson on behalf of City of Fort Benton (Johnson, Tracey)
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Legal Document (Payment Possibly Required) 4 Filed: 11/18/2016, Entered: 11/18/2016
NOTICE of Appearance by Natasha Prinzing Jones on behalf of City of Fort Benton (Jones, Natasha)
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Legal Document (Payment Possibly Required) 3 Filed: 11/18/2016, Entered: 11/18/2016
WAIVER OF SERVICE Returned Executed by City of Fort Benton. City of Fort Benton waiver sent on 10/31/2016, answer due 12/30/2016. (Crowley, William)
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Legal Document (Payment Possibly Required) 2 Filed: 9/28/2016, Entered: 9/28/2016
Summonses Issued as to City of Fort Benton, 4B07AF2. Original summonses mailed to Cnsl Bechtold. (ACC, )
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Blank  Filed: 9/28/2016, Entered: 9/28/2016
Filing fee: $ 400, Receipt number 0977-1844777. (ACC, )
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Legal Document (Payment Possibly Required) 1 Filed: 9/28/2016, Entered: 9/28/2016
COMPLAINT against All Defendants, filed by 69C0F2A. (Filing fee $ 400 receipt number 0977-1844777). (Attachments: # 1 Civil Cover Sheet) (ACC, )
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