Wallace v. Winner et al

Federal Civil Lawsuit Montana District Court, Case No. 6:17-cv-00103
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 [7E7CDA7], Plaintiff

Represented by BECHTOLD LAW FIRM

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

Represented by GERSTNER ADAM LAW, PLLC

Name Phone Fax E-Mail
Space Paul W. Adam paul@gerstneradamlaw.com
Space Colin M. Gerstner colin@gerstneradamlaw.com

Represented by OFFICE OF THE YELLOWSTONE COUNTY ATTORNEY

Name Phone Fax E-Mail
Space Heather Weir Heather.Weir@mt.gov
v.
No Logo Anonymized Party [49DBEA1], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kirsten K. Madsen
No Logo Anonymized Party [D49F31D], Defendant

Represented by OFFICE OF THE YELLOWSTONE COUNTY ATTORNEY

Name Phone Fax E-Mail
Space Kirsten K. Madsen +1 406 444 2026 +1 406 444 4303 kmadsen@mt.gov
No Logo Anonymized Party [D648A14], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kirsten K. Madsen

Represented by AGENCY LEGAL SERVICES BUREAU MONTANA DEPARTMENT OF JUSTICE

Name Phone Fax E-Mail
Space Sarah Montana Clerget sarahmontana@gmail.com
No Logo Anonymized Party [DA8F630], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kirsten K. Madsen
No Logo Anonymized Party [F3E9FF6], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Kirsten K. Madsen
Attributes
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 105 Filed: 7/23/2020, Entered: 7/23/2020
CLERK'S JUDGMENT. (MMS)
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Legal Document (Payment Possibly Required) 104 Filed: 7/7/2020, Entered: 7/7/2020 Court Filing
ORDER granting 101 Motion for Leave to Survey Jury. Signed by Judge Brian Morris on 7/7/2020. (TAG)
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Legal Document (Payment Possibly Required) 103 Filed: 7/6/2020, Entered: 7/6/2020
REDACTED JURY VERDICT. (ACC)
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Legal Document (Payment Possibly Required) 102 Filed: 7/3/2020, Entered: 7/3/2020
Joinder in MOTION re 101 MOTION for Disclosure Permission to Survey Jury . (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 101 Filed: 7/2/2020, Entered: 7/2/2020
MOTION for Disclosure Permission to Survey Jury Sarah Montana Clerget appearing for Defendant D648A14 (Attachments: # 1 Exhibit A. Proposed Questions, # 2 Exhibit B. Aff. Good Cause) (Clerget, Sarah)
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Legal Document (Payment Possibly Required) 100 Filed: 7/2/2020, Entered: 7/2/2020
JERS LIST OF ADMITTED EXHIBITS. (MMS)
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Legal Document (Payment Possibly Required) 99 Filed: 7/2/2020, Entered: 7/2/2020
DEFENSE ADMITTED TRIAL EXHIBITS by D648A14. (Attachments: # 1 209, # 2 213, # 3 216, # 4 217, # 5 202, # 6 203, # 7 204, # 8 210, # 9 211, # 10 212, # 11 214, # 12 215, # 13 218, # 14 219) (MMS)
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Legal Document (Payment Possibly Required) 98 Filed: 7/2/2020, Entered: 7/2/2020
PLAINTIFF'S ADMITTED TRIAL EXHIBITS by 7E7CDA7. (Attachments: # 1 102, # 2 103, # 3 104, # 4 105, # 5 106, # 6 107, # 7 108, # 8 109, # 9 110, # 10 111, # 11 112, # 12 113, # 13 114, # 14 115, # 15 116, # 16 117, # 17 118, # 18 119, # 19 120, # 20 121, # 21 122, # 22 123, # 23 124, # 24 125, # 25 126, # 26 127, # 27 128, # 28 129, # 29 130, # 30 131, # 31 133, # 32 134, # 33 136, # 34 143, # 35 145, # 36 146, # 37 151, # 38 152) (MMS)
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Legal Document (Payment Possibly Required) 97 Filed: 7/2/2020, Entered: 7/2/2020
UNREDACTED JURY VERDICT. (MMS)
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Legal Document (Payment Possibly Required) 96 Filed: 7/2/2020, Entered: 7/2/2020
Jury Note (Verdict) (MMS) (MMS).
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Legal Document (Payment Possibly Required) 95 Filed: 7/2/2020, Entered: 7/2/2020
Exhibit List by D648A14. (MMS)
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Legal Document (Payment Possibly Required) 94 Filed: 7/2/2020, Entered: 7/2/2020
Witness List by D648A14. (MMS)
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Legal Document (Payment Possibly Required) 93 Filed: 7/2/2020, Entered: 7/2/2020
Exhibit List by 7E7CDA7. (MMS)
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Legal Document (Payment Possibly Required) 92 Filed: 7/2/2020, Entered: 7/2/2020
Witness List by 7E7CDA7. (MMS)
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Legal Document (Payment Possibly Required) 91 Filed: 7/2/2020, Entered: 7/2/2020
Final Jury Instructions. (MMS)
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Blank 90 Filed: 7/1/2020, Entered: 7/1/2020 Court Filing
MINUTE ENTRY for JURY TRIAL (DAY 2) held 7/1/2020 before Judge Brian Morris. Plaintiff (in custody); with counsel Colin Gerstner, Paul Adam, and Timothy Bechtold, Counsel Kirsten Madsen, Sarah Clerget, Paralegal Tiffany Hoffman, and Defendant Dr. D648A14, appearing on behalf of Defendants, present. Counsel present. Final instructions discussed. Jury present. Plaintiffs testimony continues. PLAINTIFF RESTS. Jury is excused from courtroom. Counsel moves for Rule 50 motion based on qualified immunity. Court will defer ruling for now. Defense calls Witness. DEFENSE RESTS and renews Motion. Court will defer. Court and parties complete settlement of final instructions. Plaintiff moves for Rule 50 for directed verdict on liability; DENIED. Parties consent to the use of JERS. Plaintiff requests 6 jurors deliberate. The Court will randomly choose the alternate at the end of closings. Jury present. Final Instructions presented. Parties with closing arguments. Clerk draws Alternate Juror #2 from wheel. Court addresses Alternate. Bailiff sworn. Jury is excused at 4:30 p.m. to begin deliberations. Parties stipulate to smoke breaks. Court resumes at 5:25 p.m. with all parties present and out of presence of jury. Court announces a verdict was reached at 5:08 p.m. Jury brought into the Courtroom. Clerk publishes verdict in favor of DEFENSE. Plaintiff asks that the jury be polled. Clerk polls jury. Jury thanked and excused. Court denies Motion for directed verdict as moot. Court thanks parties. Hearing commenced at 8:45 a.m. and concluded at 5:30 p.m. (Court Reporter Yvette Heinze.) (Plaintiff Witnesses Sworn and Examined: Dr. D648A14 and 7E7CDA7), (Defense Witnesses Sworn and Examined: Crystal Leaver), (Plaintiff Exhibits Admitted: 101-131, 145), (Law Clerk: M. Badaruddin), (Hearing held in Great Falls) (MMS)
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Blank  Filed: 6/30/2020, Entered: 6/30/2020
Set Hearings: Jury Trial set for 7/1/2020 at 08:45 AM in Great Falls, MT before Judge Brian Morris. (MMS)
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Legal Document (Payment Possibly Required) 89 Filed: 6/30/2020, Entered: 6/30/2020
Preliminary Jury Instructions. (MMS)
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Legal Document (Payment Possibly Required) 88 Filed: 6/30/2020, Entered: 6/30/2020
Jury List with Peremptory Challenges (Attachments: # 1 Peremptory Challenges) (MMS)
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Blank 87 Filed: 6/30/2020, Entered: 6/30/2020 Court Filing
MINUTE ENTRY for FINAL PRETRIAL CONFERENCE, JURY SELECTION, AND JURY TRIAL proceedings held 6/30/2020 before Judge Brian Morris: Plaintiff (in custody); with counsel Colin Gerstner, Paul Adam, and Timothy Bechtold, Defense Counsel Kirsten Madsen, Sarah Clerget, Paralegal Tiffany Hoffman, and Defendant Dr. D648A14, present. Court begins with Final Pretrial Conference. Social Distancing protocols discussed. Length of trial, witness testimony, voir dire. Court will modify the Final Pretrial Order to change location from Helena to Great Fall, parties have no objections, order will be filed. EXHIBITS 134,136,146,201,202,203,204,209,210 are ADMITTED without objections. No other exhibits will be pre-admitted. Counsel can raise specific objections during trial. Parties have no objection to the use of demonstrative exhibits (Plaintiff has 1, Defense has 2). No objections. Proposed and final instructions discussed. Court resumes at 10:00 a.m. with all parties present. 28 prospective jurors present. Welcome from the Court; Panel sworn. Clerk calls into the record the 13 names electronically selected and pre-seated. Voir dire begins by the Court. Parties conduct voir dire. Parties pass the jury panel for cause. Peremptory challenges begin. Clerk reads names of 7 trial jurors. Court thanks and excuses remainder of Panel. Trial oath sworn to jury by Clerk. Lunch break. Court resumes and jury brought into courtroom. Preliminary instructions given. Opening statements made by both parties. Plaintiff begins its case in chief. All witnesses sworn and examined. EXHIBITS 211-219 ADMITTED without any objections. Court adjourns for the evening; asking jurors to return tomorrow at 9:00 a.m. Jurors excused; Court resumes. Court and parties discuss tomorrows schedule. Parties are asked to be in Court at 8:45. Hearing commenced at 9:00 am and concluded at 5:36 p.m. (Court Reporter Yvette Heinze.) (Plaintiff Witnesses Sworn and Examined: Dr. Sims and Dr. Taylor), (Plaintiff Exhibits Admitted: 134,136,146,201-204,209,210,133,143,152,151), (Defense Exhibits Admitted: 211-219), (Law Clerk: M. Badaruddin), (Hearing held in Great Falls) (MMS)
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Legal Document (Payment Possibly Required) 86 Filed: 6/30/2020, Entered: 6/30/2020 Court Filing
JURY MEALS/LODGING ORDER. Signed by Judge Brian Morris on 6/30/2020. (MMS)
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Legal Document (Payment Possibly Required) 85 Filed: 6/30/2020, Entered: 6/30/2020 Court Filing
FINAL PRETRIAL ORDER. Signed by Judge Brian Morris on 6/30/2020. (TAG)
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Legal Document (Payment Possibly Required) 84 Filed: 6/26/2020, Entered: 6/26/2020 Court Filing
ORDER granting 82 Motion to Amend Defendant's May Call Witness List. Signed by Judge Brian Morris on 6/26/2020. (TAG)
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Legal Document (Payment Possibly Required) 83 Filed: 6/26/2020, Entered: 6/26/2020 Court Filing
ORDER granting 81 Motion to Amend Plaintiff's Exhibit List. Signed by Judge Brian Morris on 6/26/2020. (TAG)
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Legal Document (Payment Possibly Required) 82 Filed: 6/26/2020, Entered: 6/26/2020
Unopposed MOTION to Amend/Correct 71 Proposed Pretrial Order, Doc. 71-3, Def's May Call Witness List Kirsten K. Madsen appearing for Defendant D648A14 (Attachments: # 1 Exhibit Def's Amended May Call Witness List, # 2 Text of Proposed Order) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 81 Filed: 6/25/2020, Entered: 6/25/2020
Unopposed MOTION to Amend Plaintiff's Exhibit List Colin M. Gerstner appearing for Plaintiff 7E7CDA7 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 80 Filed: 6/24/2020, Entered: 6/24/2020 Court Filing
ORDER granting 79 Motion for Miscellaneous Relief. The Plaintiff is permitted to amend his witness list to reflect that Dr. Paul Sims and Dr. Clark Taylor are appearing by video. Signed by Judge Brian Morris on 6/24/2020. (SLL)
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Legal Document (Payment Possibly Required) 79 Filed: 6/23/2020, Entered: 6/23/2020
Unopposed MOTION to Amend Plaintiff's Witness List Colin M. Gerstner appearing for Plaintiff 7E7CDA7 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 78 Filed: 6/23/2020, Entered: 6/23/2020
NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by 7E7CDA7 (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 77 Filed: 6/23/2020, Entered: 6/23/2020
NOTICE OF INTENT TO USE JERS by 7E7CDA7 (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 76 Filed: 6/23/2020, Entered: 6/23/2020
NOTICE OF INTENT TO USE JERS by D648A14 (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 75 Filed: 6/23/2020, Entered: 6/23/2020
NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by D648A14 (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 74 Filed: 6/22/2020, Entered: 6/22/2020
NOTICE of Appearance by Sarah Montana Clerget on behalf of D648A14 (Clerget, Sarah)
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Legal Document (Payment Possibly Required) 73 Filed: 6/19/2020, Entered: 6/19/2020 Court Filing
ORDER. Final Pretrial Conference set for 6/30/2020 at 09:00 AM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 6/30/2020 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/19/2020. Forwarded to USMS (TAG)
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Blank 72 Filed: 6/18/2020, Entered: 6/18/2020 Court Filing
MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Settlement Conference held on 6/18/2020. (TXB)
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Legal Document (Payment Possibly Required) 71 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Pretrial Order submitted for review Joint Proposed by D648A14. (Attachments: # 1 Plaintiff's Will Cal, and May Call Witness Lists, # 2 Plaintiff's Will Cal, and May Call Exhibit Lists, # 3 Defendant's Will Cal, and May Call Witness Lists, # 4 Defendant's Will Cal, and May Call Exhibit Lists) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 70 Filed: 6/16/2020, Entered: 6/16/2020
TRIAL BRIEF Plaintiff's Trial Brief by 7E7CDA7. (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 69 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Verdict Form Defendant's Separate Verdict Form by D648A14. (Attachments: # 1 Dr. D648A14 Proposed Separate Verdict Form) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 68 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Jury Instructions Defendant's Supplemental Proposed Jury Inst. by D648A14. (Attachments: # 1 Proposed Supplemental Jury Instructions - Working Copy) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 67 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Verdict Form Plaintiff's Proposed by 7E7CDA7. (Attachments: # 1 Plaintiff's Proposed Verdict Form) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 66 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Jury Instructions Plaintiff's Proposed Supplemental Instructions by 7E7CDA7. (Attachments: # 1 Working Copy of Plaintiff's Proposed Supplemental Jury Instructions, # 2 Clean Copy of Plaintiff's Proposed Supplemental Jury Instructions) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 65 Filed: 6/16/2020, Entered: 6/16/2020
Proposed Jury Instructions Joint Instructions by 7E7CDA7. (Attachments: # 1 Working Copy of Joint Proposed Jury Instructions, # 2 Clean Copy of Joint Proposed Instructions) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 64 Filed: 6/12/2020, Entered: 6/12/2020 Court Filing
Order Setting: Settlement Conference set for 6/18/2020 at 09:30 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 6/12/2020. (SMD)
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Blank 63 Filed: 6/12/2020, Entered: 6/12/2020 Court Filing
Minute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Telephonic Scheduling Conference held on 6/12/2020. Order to follow. (SMD)
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Legal Document (Payment Possibly Required) 62 Filed: 6/10/2020, Entered: 6/10/2020
Brief/Memorandum in Support re 61 Unopposed MOTION for Attorney Voir Dire filed by 7E7CDA7. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 61 Filed: 6/10/2020, Entered: 6/10/2020
Unopposed MOTION for Attorney Voir Dire Colin M. Gerstner appearing for Plaintiff 7E7CDA7. (Gerstner, Colin) Modified on 6/11/2020 to correct docket text to remove language re referral of motion (TAG).
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Legal Document (Payment Possibly Required) 60 Filed: 6/10/2020, Entered: 6/10/2020 Court Filing
ORDER. Telephonic Scheduling Conference set for 6/12/2020 at 09:30 AM before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 6/10/2020. (TAG)
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Legal Document (Payment Possibly Required) 59 Filed: 6/10/2020, Entered: 6/10/2020 Court Filing
ORDER. This case is referred to United States Magistrate Judge Kathleen L. DeSoto for the purpose of conducting a settlement conference. Signed by Judge Brian Morris on 6/10/2020. Forwarded to KLD chambers (TAG)
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Legal Document (Payment Possibly Required) 58 Filed: 5/11/2020, Entered: 5/11/2020
NOTICE of Substitution of Counsel by 7E7CDA7 (Gerstner, Colin)
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Legal Document (Payment Possibly Required) 57 Filed: 4/13/2020, Entered: 4/13/2020 Court Filing
AMENDED TRIAL SCHEDULING ORDER: Final Pretrial Conference set for 6/30/2020 at 09:00 AM in Helena, MT before Judge Brian Morris. Jury Trial set for 6/30/2020 at 10:00 AM in Helena, MT before Judge Brian Morris. Additional deadlines in Order. Signed by Judge Brian Morris on 4/13/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG)
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Legal Document (Payment Possibly Required) 56 Filed: 3/23/2020, Entered: 3/23/2020
NOTICE of Appearance by Heather Weir on behalf of 7E7CDA7 (Weir, Heather)
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Legal Document (Payment Possibly Required) 55 Filed: 3/2/2020, Entered: 3/2/2020 Court Filing
AMENDED TRIAL SCHEDULING ORDER. Proposed Pretrial Order due by 4/20/2020. Jury Trial set for 5/5/2020 at 10:00 AM in Helena, MT before Judge Brian Morris. Pretrial Conference set for 5/5/2020 at 09:00 AM in Helena, MT before Judge Brian Morris. Additional deadlines in Order. Signed by Judge Brian Morris on 3/2/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG)
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Legal Document (Payment Possibly Required) 54 Filed: 2/28/2020, Entered: 2/28/2020
Unopposed MOTION to Vacate 52 Order Setting,,, Terminate Motions,, and Reset Trial Date Kirsten K. Madsen appearing for Defendant D648A14 Motions referred to John Johnston. (Attachments: # 1 Affidavit Dr. D648A14, # 2 Affidavit Kirsten Madsen, # 3 Exhibit A - 2019, 9-11 Brishka v. State Second Abbr Amended Sched. Or., # 4 Exhibit B - Weir and Madsen email exchange, # 5 Text of Proposed Order) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 53 Filed: 2/27/2020, Entered: 2/27/2020
NOTICE (2 pgs.) by 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 52 Filed: 1/30/2020, Entered: 1/30/2020 Court Filing
TRIAL SCHEDULING ORDER granting 43 MOTION to Appoint Counsel. Contract Court Reporter is Needed. Final Pretrial Conference set for 4/27/2020 at 09:00 AM in Helena, MT before Judge Brian Morris, Jury Trial set for 4/27/2020 at 10:00 AM in Helena, MT before Judge Brian Morris. Additional dealines in Order Signed by Judge Brian Morris on 1/30/2020. Transmitted electronically to prison for delivery to Plaintiff.; forwarded to Weir with documents as directed. (TAG)
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Opinion 51 Filed: 1/23/2020, Entered: 1/23/2020 Court Filing
ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS in full; granting in part and denying in part 25 Motion for Summary Judgment. Signed by Judge Brian Morris on 1/23/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG) Modified on 1/23/2020 to correct signing judge (TAG).
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Legal Document (Payment Possibly Required) 50 Filed: 9/13/2019, Entered: 9/13/2019
Reply to Objection to Findings and Recommendations re 36 FINDINGS AND RECOMMENDATIONS re 25 MOTION for Summary Judgment filed by DA8F630, D648A14, D49F31D, F3E9FF6, 49DBEA1. filed by F3E9FF6, D49F31D. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 49 Filed: 9/11/2019, Entered: 9/11/2019 Court Filing
ORDER granting 47 Motion for Substitution, 48 Motion to File Under Seal. Signed by Magistrate Judge John Johnston on 9/11/2019. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 48 Filed: 9/5/2019, Entered: 9/5/2019
MOTION for Leave to File Under Seal Document 42-1 Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 47 Filed: 9/5/2019, Entered: 9/5/2019
ERRATA 42 Objection to Findings and Recommendations to Replace Exhibits (Doc. 42-1). (Attachments: # 1 Errata Replacement for Doc. 42-1) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 46 Filed: 8/21/2019, Entered: 8/21/2019 Court Filing
ORDER granting 45 Motion for Extension of Time. Briefs due 9/13/19. Signed by Judge Brian Morris on 8/21/2019. Mailed to 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 45 Filed: 8/15/2019, Entered: 8/15/2019
Unopposed MOTION for Extension of Time to File Response Briefs to Docs. 42, 43 Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 44 Filed: 8/14/2019, Entered: 8/14/2019
Brief/Memorandum in Support re 43 MOTION to Appoint Counsel filed by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 43 Filed: 8/14/2019, Entered: 8/14/2019
Second MOTION to Appoint Counsel by Plaintiff 7E7CDA7. Motions referred to John Johnston. (TAG)
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Legal Document (Payment Possibly Required) 42 Filed: 8/14/2019, Entered: 8/14/2019
OBJECTION to 36 Findings and Recommendations filed by 7E7CDA7. (Attachments: # 1 Exhibit) (TAG) Modified on 9/11/2019: attachment sealed per 49 (TAG).
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Legal Document (Payment Possibly Required) 41 Filed: 7/11/2019, Entered: 7/11/2019
Objection re: 36 FINDINGS AND RECOMMENDATIONS re 25 MOTION for Summary Judgment filed by DA8F630, D648A14, D49F31D, F3E9FF6, 49DBEA1. . (Attachments: # 1 Exhibit A - Pain Medication Summary (Oct. 2014 to July 2015), # 2 Exhibit B - Med Records of June 9, 2015 visit with PA Griffin) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 40 Filed: 7/9/2019, Entered: 7/9/2019 Court Filing
ORDER granting 37 Motion for Extension of Time to File Objection to Findings and Recommendations. Plaintiff has until September 9, 2019, to file objections. Signed by Judge Brian Morris on 7/9/2019. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 39 Filed: 7/8/2019, Entered: 7/8/2019
RESPONSE to Motion re 37 MOTION for Extension of Time to File Objection to Findings and Recommendations as to 36 FINDINGS AND RECOMMENDATIONS re 25 MOTION for Summary Judgment filed by DA8F630, D648A14, D49F31D, F3E9FF6, 49DBEA1. filed by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 38 Filed: 7/8/2019, Entered: 7/8/2019
Brief/Memorandum in Support re 37 MOTION for Extension of Time filed by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 37 Filed: 7/8/2019, Entered: 7/8/2019
MOTION for Extension of Time to File Objection to 36 Findings and Recommendations by Plaintiff 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 36 Filed: 6/24/2019, Entered: 6/24/2019 Court Filing
FINDINGS AND RECOMMENDATIONS re 25 MOTION for Summary Judgment filed by DA8F630, D648A14, D49F31D, F3E9FF6, 49DBEA1. Signed by Magistrate Judge John Johnston on 6/24/2019. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 35 Filed: 1/10/2019, Entered: 1/10/2019
REPLY to Response to Motion re 25 MOTION for Summary Judgment filed by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Attachments: # 1 Exhibit E - Exhibit Cross-References Tables) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 34 Filed: 1/8/2019, Entered: 1/8/2019 Court Filing
ORDER granting 33 Motion to File Under Seal. Signed by Magistrate Judge John Johnston on 1/8/2019. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 33 Filed: 1/8/2019, Entered: 1/8/2019
Unopposed MOTION for Leave to File Under Seal Document 31-1 Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 32 Filed: 1/8/2019, Entered: 1/8/2019
Unopposed ERRATA 31 Affidavit/Declaration to replace Exhibits. (Attachments: # 1 Errata Replacement for Doc. 31-1) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 31 Filed: 12/27/2018, Entered: 12/28/2018
AFFIDAVIT/DECLARATION re 25 MOTION for Summary Judgment by 7E7CDA7. (Attachments: # 1 Exhibits) (TAG) Modified on 12/28/2018 to correct filing date (TAG). Modified on 1/8/2019: exhibit sealed per 34 (TAG).
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Legal Document (Payment Possibly Required) 30 Filed: 12/27/2018, Entered: 12/28/2018
Statement of Disputed Facts re: 25 MOTION for Summary Judgment filed by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 29 Filed: 12/27/2018, Entered: 12/28/2018
RESPONSE to Motion re 25 MOTION for Summary Judgment filed by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 28 Filed: 12/8/2018, Entered: 12/8/2018
Brief/Memorandum in Support re 26 Statement of Undisputed Fact,, filed by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 27 Filed: 12/8/2018, Entered: 12/8/2018
NOTICE AND WARNING (RAND NOTICE) TO PRO SE PRISONER by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D re 25 MOTION for Summary Judgment (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 26 Filed: 12/7/2018, Entered: 12/8/2018
Statement of Undisputed Fact re: 25 MOTION for Summary Judgment . (Attachments: # 1 Exhibit A: Complete Dental File (Oct. 2014 Sept. 2017), # 2 Exhibit B: E-mails of Dr. D648A14 (Dec. 2015 Sept. 2017), # 3 Exhibit C: Excerpts of Medical File concerning jaw condition, # 4 Exhibit D: Other excerpted records of MSP, # 5 Affidavit Dr. Jake Starr, DMD (Dec. 7, 2018), # 6 Affidavit Melissa Scharf (Dec. 7, 2018), # 7 Affidavit Dr. D648A14, DDS, # 8 Affidavit Cynthia McGillis-Hiner (Dec. 6, 2018), # 9 Affidavit D49F31D (Dec. 6, 2018), # 10 Affidavit Clark O. Taylor, MD, DDS (Dec. 7, 2018)) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 25 Filed: 12/7/2018, Entered: 12/7/2018
MOTION for Summary Judgment Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 24 Filed: 11/14/2018, Entered: 11/14/2018 Court Filing
ORDER granting 23 Motion for Extension. Signed by Magistrate Judge John Johnston on 11/14/2018. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 23 Filed: 11/14/2018, Entered: 11/14/2018
Unopposed MOTION for Extension of Time to File Pretrial Motions Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Attachments: # 1 Text of Proposed Order (Ex. A)) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 22 Filed: 7/12/2018, Entered: 7/12/2018 Court Filing
AMENDED SCHEDULING ORDER finding as moot 16 Motion to Compel; finding as moot 18 Motion for Protective Order; granting 16 Motion to Extend the Discovery Deadline. Signed by Magistrate Judge John Johnston on 7/12/2018. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 21 Filed: 6/20/2018, Entered: 6/20/2018
REPLY to Response to Motion re 16 MOTION to Compel filed by 7E7CDA7. (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 20 Filed: 6/6/2018, Entered: 6/6/2018
Lodged Sealed Document filed by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Documents Sought To Be Protected by Motion For Protective Order (Doc. 18). (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 19 Filed: 6/6/2018, Entered: 6/6/2018
RESPONSE to Motion re 18 MOTION for Protective Order , 16 MOTION to Compel (Combined Brief In Response to 16 and in Support of 18 ) filed by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Attachments: # 1 Affidavit of Tiffany Hoffman (June 6, 2018), # 2 Exhibit A - Defs' Privilege Log I (4-13-18), # 3 Exhibit B - Defs' Notice of Initial Document Disclosure, Availability for Inspection, # 4 Exhibit C - Second Privilege Log of Defendants (May 17, 2018), # 5 Exhibit D - Ltr to 7E7CDA7 from Counsel (Apr. 20, 2018), # 6 Exhibit E - May 9-15, 2018 email exchange with D. Gilman) (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 18 Filed: 6/6/2018, Entered: 6/6/2018
MOTION for Protective Order Kirsten K. Madsen appearing for Defendants D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D Motions referred to John Johnston. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 17 Filed: 5/23/2018, Entered: 5/23/2018
Brief/Memorandum in Support re 16 MOTION to Compel filed by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 16 Filed: 5/23/2018, Entered: 5/23/2018
MOTION to Compel and Extend Discovery Deadline by Plaintiff 7E7CDA7. Motions referred to John Johnston. (TAG)
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Legal Document (Payment Possibly Required) 15 Filed: 4/13/2018, Entered: 4/13/2018
Disclosure Statement by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 14 Filed: 3/14/2018, Entered: 3/15/2018
Disclosure Statement by 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 13 Filed: 3/14/2018, Entered: 3/14/2018 Court Filing
ORDER REFERRING CASE to John Johnston, United States Magistrate Judge. Signed by Judge Brian Morris on 3/14/2018. Mailed to 7E7CDA7 (TAG)
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Legal Document (Payment Possibly Required) 12 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
Mailing of Consent to Magistrate as Presiding Judge. Mailed to 7E7CDA7; counsel Kirsten K. Madsen electronically filed. Consent/Objection to USMJ Form due by 3/1/2018. (TAG)
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Legal Document (Payment Possibly Required) 11 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
SCHEDULING ORDER. Signed by Magistrate Judge John Johnston on 2/12/2018. Mailed to 7E7CDA7 with rules packet (TAG)
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Legal Document (Payment Possibly Required) 10 Filed: 2/5/2018, Entered: 2/5/2018
ANSWER to Complaint with Jury Demand by D648A14, F3E9FF6, DA8F630, 49DBEA1, D49F31D. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 9 Filed: 2/5/2018, Entered: 2/5/2018
NOTICE of Appearance by Kirsten K. Madsen on behalf of All Defendants (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 8 Filed: 1/5/2018, Entered: 1/5/2018
WAIVER OF SERVICE Returned Executed by F3E9FF6, D648A14, 49DBEA1, D49F31D, DA8F630. (Madsen, Kirsten)
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Legal Document (Payment Possibly Required) 7 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
ORDER Directing Monthly Payments be made from Prison Account of 7E7CDA7. Signed by Magistrate Judge John Johnston on 12/6/2017. Mailed to 7E7CDA7 and MSP; forwarded to USDCF (TAG)
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Legal Document (Payment Possibly Required) 6 Filed: 12/6/2017, Entered: 12/6/2017 Court Filing
Order Directing Clerk to Serve defendant(s). Waiver of Service of Summons is due within 30 days of this Order; if executed, an answer or other appropriate motion is due within 60 days of this Order.( Waiver of Service due by 1/5/2018, Notice of Appearance due by 2/5/2018). Application to Proceed in Forma Pauperis 1 is GRANTED. Motion for Appointment of Counsel or a Medical Expert 3 is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge John Johnston on 12/6/2017. Mailed to 7E7CDA7; documents forwarded to counsel for DOC as directed (TAG)
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Blank  Filed: 11/2/2017, Entered: 11/2/2017
Case Number 9:17-cv-156 transferred in from Missoula Division on 11/02/2017. Case assigned to Judge Brian Morris and Magistrate Judge John Johnston. (TAG)
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Legal Document (Payment Possibly Required) 5 Filed: 11/2/2017, Entered: 11/2/2017 Court Filing
TRANSFER ORDER. Signed by Magistrate Judge Jeremiah C. Lynch on 11/2/2017. Mailed to 7E7CDA7. (TAG)
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Legal Document (Payment Possibly Required) 4 Filed: 11/1/2017, Entered: 11/1/2017
Brief/Memorandum in Support re 3 MOTION to Appoint Counsel filed by 7E7CDA7. (Attachments: # 1 Exhibit) (TAG)
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Legal Document (Payment Possibly Required) 3 Filed: 11/1/2017, Entered: 11/1/2017
MOTION to Appoint Counsel by Plaintiff 7E7CDA7. Motions referred to Jeremiah C. Lynch. (TAG)
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Legal Document (Payment Possibly Required) 2 Filed: 11/1/2017, Entered: 11/1/2017
COMPLAINT IFP/PRISONER (Filing fee $ 400 not paid), filed by 7E7CDA7. (Attachments: # 1 Exhibit, # 2 Summonses) (TAG) Modified on 12/6/2017: complaint deemed filed (TAG).
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Legal Document (Payment Possibly Required) 1 Filed: 11/1/2017, Entered: 11/1/2017
MOTION for Leave to Proceed in forma pauperis by Plaintiff 7E7CDA7. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Account Statement) (TAG)
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