Montana District Court
Judge:Brian Morris
Case #: 6:23-cv-00048
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:2201 Injunction
Case Filed:Jul 07, 2023
Terminated:Jun 28, 2024
Last checked: Wednesday Jan 03, 2024 1:41 AM MST
Defendant
Austin Knudsen
Represented By
Kali Dimmitt-Griffin
Office Of The State Attorney General
contact info
Alan Daniel Zackheim
Montana Legal Services Association - Helena
contact info
Andrew Butler
Office Of Consumer Protection
contact info
Terisa Marie Oomens
Montana Department Of Justice
contact info
Plaintiff
Grand River Enterprises Six Nations
Represented By
Michael G. Black
Beck, Amsden & Stalpes, PLLC
contact info
Robert C. Lukes
Garlington Lohn & Robinson, Pllp
contact info
Kelli J. Keegan
Barnhouse Keegan Solimon & West
contact info
Michael H. Hekman
Garlington, Lohn & Robinson Pllp
contact info

GPO Jul 10 2023
ORDER OF RECUSAL. Magistrate Judge Kathleen L. DeSoto recused. Signed by Magistrate Judge Kathleen L. DeSoto on 7/10/2023. (APP)
GPO Jul 12 2023
ORDER granting 12 Motion to Appear Pro Hac Vice for Attorney Kelli Keegan. NOTE: Instructions to request Montana CM/ECF registration through PACER are found here. Acknowledgment of PHV Order due by 7/27/2023. Signed by Judge Brian Morris on 7/12/2023. (KAH)
GPO Jul 17 2023
ORDER: GREs Motion for a Temporary Restraining Order 6 is DENIED, IN PART. The Court DENIES GREs request for a temporary restraining order.The Court reserves ruling on GREs request for a preliminary injunction and show-cause hearing pending resolution of the motions now before the Montana state district court. Signed by Judge Brian Morris on 7/17/2023. (MMS)
GPO Sep 18 2023
ORDER denying 26 Motion for Reconsideration. Signed by Judge Brian Morris on 9/18/2023. (MMS)
GPO Dec 11 2023
ORDER granting 56 Motion to Clarify IT IS ORDERED: GREs motion to clarify and a request for an indicative ruling under Rule 62.1 (Doc. 56) is GRANTED. The Court would deny GREs motion for a preliminary injunction (Doc. 6) on the same grounds stated in the Courts order denying GREs emergency motion for an injunction pending appeal, Doc. 40. Signed by Judge Brian Morris on 12/11/2023. (KAH)
GPO Jan 12 2024
ORDER: GRE's motion for temporary restraining order, order to show cause, and preliminary injunction 6 is DENIED. *Please see order for full details. Signed by Judge Brian Morris on 1/12/2024. (MMS)
GPO Jun 28 2024
ORDER; 1. GREs motion for summary judgment 78 is GRANTED. 2. The Attorney Generals motion for summary judgement 73 is DENIED. 3. GREs motion in limine 82 is DENIED as moot. 4. The Clerk shall enter judgment in favor of GRE. 5. The Montana Attorney General is prohibited from enforcing his June 14, 2023 decision to remove GRE from the Montana Tobacco Directory based on a purported violation of the FDCA. 6. The Montana Attorney General will be ordered to re-list GRE on the Montana Tobacco Directory if GRE certifies its compliance with all other relevant Montana Tobacco Directory laws and its compliance with the AVC. 7. The Montana Attorney General will be ordered to retract its Notice of Intent to Remove GRE, and to inform Montana wholesalers and retailers that they can purchase GRE tobacco products. The Montana Attorney General will be ordered to take these steps if GRE follows all of the requirements of the AVC and gets re-listed to the Montana Tobacco Directory. 8. Each party shall bear their own fees and costs. Signed by Judge Brian Morris on 6/28/2024. (TLO)

Docket last updated: 05/02/2025 11:59 PM MDT
Friday, June 28, 2024
111 111 order Judgment Fri 06/28 4:43 PM
JUDGMENT in favor of Grand River Enterprises Six Nations against Austin Knudsen. Signed by Judge Brian Morris on 6/28/2024. (TLO)
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110 110 13 pgs order Order on Motion for Summary Judgment Order on Motion in Limine Fri 06/28 4:27 PM
ORDER; 1. GREs motion for summary judgment78 is GRANTED. 2. The Attorney Generals motion for summary judgement73 is DENIED. 3. GREs motion in limine82 is DENIED as moot. 4. The Clerk shall enter judgment in favor of GRE. 5. The Montana Attorney General is prohibited from enforcing his June 14, 2023 decision to remove GRE from the Montana Tobacco Directory based on a purported violation of the FDCA. 6. The Montana Attorney General will be ordered to re-list GRE on the Montana Tobacco Directory if GRE certifies its compliance with all other relevant Montana Tobacco Directory laws and its compliance with the AVC. 7. The Montana Attorney General will be ordered to retract its Notice of Intent to Remove GRE, and to inform Montana wholesalers and retailers that they can purchase GRE tobacco products. The Montana Attorney General will be ordered to take these steps if GRE follows all of the requirements of the AVC and gets re-listed to the Montana Tobacco Directory. 8. Each party shall bear their own fees and costs. Signed by Judge Brian Morris on 6/28/2024. (TLO)
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109 109 trial Proposed Findings of Fact Fri 06/28 4:09 PM
Proposed Findings of Fact by Austin Knudsen (Oomens, Terisa)
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108 108 misc Proposed Pretrial Order Fri 06/28 3:16 PM
Proposed Pretrial Order submitted for review by Grand River Enterprises Six Nations. (Black, Michael)
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Friday, June 21, 2024
107 107 misc Response - MT Fri 06/21 4:03 PM
RESPONSE as to Response of AG re Notice of Submission of Proposed Order filed by Plaintiff Grand River Enterprises Six Nations. (Black, Michael)
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Att: 1 Exhibit A - AG Ninth Circuit Brief Excerpt
106 106 misc Response - MT Fri 06/21 11:50 AM
RESPONSE as to Plaintiff's Notice of Submission of Proposed Order Granting Preliminary Injunction re:105 Notice (Other) filed by Defendant Austin Knudsen. (Oomens, Terisa)
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Att: 1 Text of Proposed Order AG's Proposed Preliminary Injunction