Melvin v. Klambach et al
| Montana District Court | |
| Judge: | Dana L Christensen |
| Referred: | Kathleen L Desoto |
| Case #: | 9:23-cv-00140 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 17, 2023 |
| Terminated: | Oct 21, 2024 |
| Last checked: Thursday May 16, 2024 3:49 AM MDT |
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Defendant
James Lapotka
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Represented By
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Defendant
Justin Kalmbach
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Represented By
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Plaintiff
Ronald P. Melvin
4201 South Ave. W.
Polson, MT 59804 |
GPO
Dec 05 2023
ORDER. IT IS ORDERED that on or before December 19, 2023, Plaintiff must file a signed copy of his Complaint. Plaintiff is cautioned that if he fails to comply with this Order, his Complaint will be stricken from the record and this matter may be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply with the Courts orders and the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kathleen L. DeSoto on 12/5/2023. (SGN) Copy mailed to Melvin. |
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GPO
Dec 12 2023
ORDER finding as moot 5 Amended MOTION to Amend/Correct. Signed by Magistrate Judge Kathleen L. DeSoto on 12/12/2023. (APP) Copy mailed to Melvin |
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GPO
Jan 10 2024
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Judge Christensen. The case remains REFERRED to the Honorable Judge DeSoto. Signed by Judge Dana L. Christensen on 1/10/2024. (APP) copy mailed to Melvin |
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GPO
Oct 21 2024
ORDER DISMISSING CASE. Signed by Judge Dana L. Christensen on 10/21/2024. (ASG) Modified on 10/21/2024 to relfect copy mailed to Melvin. (ASG). |
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GPO
Oct 21 2024
CLERK'S JUDGMENT. Copy to Melvin. (SGN) |
| Docket last updated: 05/06/2025 11:59 PM MDT |
| Monday, October 21, 2024 | ||
| 29 | 29
misc
Judgment - Clerk
Mon 10/21 3:09 PM
CLERK'S JUDGMENT. Copy to Melvin. (SGN) |
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| 28 | 28
5
pgs
order
Order Dismissing Case
Mon 10/21 2:34 PM
ORDER DISMISSING CASE. Signed by Judge Dana L. Christensen on 10/21/2024. (ASG) Modified on 10/21/2024 to relfect copy mailed to Melvin. (ASG) |
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| Thursday, September 26, 2024 | ||
| 27 | 27
respoth
Objection to Findings and Recommendations - SDM
Thu 09/26 1:18 PM
OBJECTION to23 Findings and Recommendations filed by Ronald P. Melvin. (APP) |
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| Tuesday, September 24, 2024 | ||
| 26 | 26
respm
Brief/Response to Order - MT
Tue 09/24 11:14 AM
Response to Order re25 Order filed by Ronald P. Melvin. (APP) |
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| Monday, September 16, 2024 | ||
| 25 | 25
2
pgs
order
Order Setting - MT
Mon 09/16 2:08 PM
ORDER. Plaintiff shall have until October 7, 2024, to file a notice informing the Clerk of Court of his current address. Plaintiff is cautioned that if he fails to comply with this order and does not file a notice of updated address on or before October 7, 2024, this case will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Judge Dana L. Christensen on 9/16/2024. Mailed to Melvin as directed (TAG) |
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| Thursday, September 05, 2024 | ||
| 24 | 24
misc
Mail Returned
Thu 09/05 10:51 AM
Mail re23 sent to Melvin Returned as Undeliverable. (TAG) |
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| Tuesday, September 03, 2024 | ||
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utility
Add and Terminate Judges
Tue 09/03 4:51 PM
Magistrate Judge Kathleen L. DeSoto no longer assigned to case. (APP) |
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| Wednesday, August 21, 2024 | ||
| 23 | 23
motion
Findings and Recommendations - SDM
Wed 08/21 9:43 AM
FINDINGS AND RECOMMENDATIONS re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justin Kalmbach.. Signed by Magistrate Judge Kathleen L. DeSoto on 8/21/2024. (HMJ) |
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| Thursday, January 11, 2024 | ||
| 22 | 22
respm
Response to Motion
Thu 01/11 1:44 PM
RESPONSE to Motion re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald P. Melvin. (APP) |
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Att: 1
Response Duplicate
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| Wednesday, January 10, 2024 | ||
| 21 | 21
2
pgs
order
Order Withholding Consent - MT ~Util - Set/Clear Flags
Wed 01/10 10:30 AM
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Judge Christensen. The case remains REFERRED to the Honorable Judge DeSoto. Signed by Judge Dana L. Christensen on 1/10/2024. (APP) |
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| Wednesday, January 03, 2024 | ||
| 20 | 20
respm
Reply to Response to Motion
Wed 01/03 9:47 PM
REPLY to Response to Motion re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justin Kalmbach. (Kalmbach, Justin) |
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| 19 | 19
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Wed 01/03 8:39 PM
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| Wednesday, December 27, 2023 | ||
| 18 | 18
respm
Brief/Memorandum in Support - MT
Wed 12/27 4:53 PM
Brief/Memorandum in Support re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Lapotka. (Young, Mitchell) |
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| Wednesday, December 20, 2023 | ||
| 17 | 17
limited
Consent to Jurisdiction by Magistrate Judge - by Party
Wed 12/20 4:49 PM
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| 16 | 16
respm
Response to Motion
Wed 12/20 1:36 PM
RESPONSE to Motion re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ronald P. Melvin. (APP) |
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| Monday, December 18, 2023 | ||
| 15 | 15
respm
Brief/Memorandum in Support - MT
Mon 12/18 9:19 PM
Brief/Memorandum in Support re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,1 Complaint,11 Complaint filed by Justin Kalmbach. (Kalmbach, Justin) |
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| 14 | 14
motion
Dismiss for Failure to State a Claim
Mon 12/18 9:17 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Justin Kalmbach appearing for Defendant Justin Kalmbach. Motions referred to Kathleen L. DeSoto. (Kalmbach, Justin) |
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, December 13, 2023 | ||
| 13 | 13
notice
Mailing of Consent - MT
Wed 12/13 11:14 AM
Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 1/2/2024. (APP) |
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| Tuesday, December 12, 2023 | ||
| 12 | 12
1
pgs
order
Order on Motion to Strike Order on Motion to Amend/Correct
Tue 12/12 9:52 AM
ORDER finding as moot5 Amended MOTION to Amend/Correct. Signed by Magistrate Judge Kathleen L. DeSoto on 12/12/2023. (APP) |
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| Monday, December 11, 2023 | ||
| 11 | 11
cmp
Complaint - SDM
Mon 12/11 9:35 AM
COMPLAINT (Signed) against All Defendants, filed by Ronald P. Melvin. (APP) |
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| Thursday, December 07, 2023 | ||
| 10 | 10
respm
Brief/Memorandum in Support - MT
Thu 12/07 11:44 AM
Brief/Memorandum in Support re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,1 Complaint filed by James Lapotka. (Young, Mitchell) |
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Thu 12/07 11:43 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Mitchell A. Young appearing for Defendant James Lapotka. Motions referred to Kathleen L. DeSoto. (Young, Mitchell) |
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| 8 | 8
notice
Notice of Appearance
Thu 12/07 11:41 AM
NOTICE of Appearance by Mitchell A. Young on behalf of James Lapotka (Young, Mitchell) |
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| Tuesday, December 05, 2023 | ||
| 7 | 7
2
pgs
order
Order
Tue 12/05 1:48 PM
ORDER. IT IS ORDERED that on or before December 19, 2023, Plaintiff must file a signed copy of his Complaint. Plaintiff is cautioned that if he fails to comply with this Order, his Complaint will be stricken from the record and this matter may be dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to comply with the Courts orders and the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kathleen L. DeSoto on 12/5/2023. (SGN) |
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| 6 | 6
service
Summons Returned Executed
Tue 12/05 10:03 AM
SUMMONS Returned Executed by Ronald P. Melvin. James Lapotka served on 11/22/2023, answer due 12/13/2023; Justin Kalmbach served on 11/22/2023, answer due 12/13/2023. (SGN) |
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Att: 1
Returned Summons James LaPotka
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| Monday, November 27, 2023 | ||
| 5 | 5
motion
Amend/Correct
Mon 11/27 1:55 PM
Amended MOTION to Amend/Correct4 MOTION to Strike1 Complaint . Justin Kalmbach appearing for Defendant Justin Kalmbach. Motions referred to Kathleen L. DeSoto. (Kalmbach, Justin) |
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| 4 | 4
motion
Strike - SDM
Mon 11/27 9:46 AM
MOTION to Strike1 Complaint . Justin Kalmbach appearing for Defendant Justin Kalmbach. Motions referred to Kathleen L. DeSoto. (Kalmbach, Justin) |
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Att: 1
Text of Proposed Order Proposed Order
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| Friday, November 17, 2023 | ||
| 3 | 3
notice
Notice of Case Opening - MT
Fri 11/17 2:30 PM
NOTICE OF CASE OPENING re1 Complaint. Mailed to Melvin (TAG) |
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| 2 | 2
service
Summons Issued
Fri 11/17 11:29 AM
Summons Issued as to All Defendants. (TAG) |
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| 1 | 1
cmp
Complaint - SDM
Fri 11/17 11:28 AM
COMPLAINT against All Defendants, filed by Ronald P. Melvin. (TAG) |
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Att: 1
Exhibits
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misc
Filing Fee Received
Fri 11/17 11:29 AM
Filing fee: $ 402, receipt number MTX9-18289 (TAG) |
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