ORDER DONALD W. MOLLOY , District Judge . A telephonic status conference was held in this matter on March 19, 2020. Based on the Court's discussion with the parties, it appears that the issues identified in the Court's March 17, 2020 Order, ( see Doc. 14), are not of concern in this case. Accordingly, IT IS ORDERED that the February 26, 2020 Scheduling Order (Doc. 13) shall remain in place pending any further developments. Counsel for the defendant shall immediately notify the Court of...
ORDER DONALD W. MOLLOY , District Judge . A telephonic status conference was held in this matter on March 19, 2020 to address the need to reset this case for jury trial in light of Administrative Order 20-14. The parties indicated that while the social distancing restrictions imposed in light of the current public health crisis have impacted their ability to prepare for trial, issues specific to discovery and trial preparation unique to this case warrant an ends of justice continuance...
ORDER DONALD W. MOLLOY , District Judge . A telephonic status conference was held in this matter on March 19, 2020. Based on the Court's discussion with the parties, it appears that the issues identified in the Court's March 17, 2020 Order, ( see Doc. 29), are not of concern in this case. Accordingly, IT IS ORDERED that the February 12, 2020 Scheduling Order (Doc. 28) shall remain in place pending any further developments. Counsel for the defendant shall immediately notify the Court of...
ORDER DANA L. CHRISTENSEN , District Judge . Before the Court is Defendant Francis Carlton Crowley's Motion to File Documents Under Seal. (Doc. 48.) This motion will be granted. IT IS ORDERED that Defendant's motion to file sentencing documents under seal is GRANTED.
ORDER JOHN JOHNSTON , Magistrate Judge . Pending before the Court is the unopposed motion of the United States to appear telephonically for the detention hearing in this matter. There being no objection, and for good cause shown, IT IS ORDERED that counsel for the United States may appear by telephone at the detention hearing set March 20, 2020. The United States shall make arrangements with the Court Clerk's staff prior to the hearing.
ORDER BRIAN MORRIS , District Judge . Upon Motion of Counsel for Austin Kade Goings, there being no objection from the Government and good cause appearing; IT IS HEREBY ORDERED that Defendant, Austin Kade Goings is authorized to be at the Browning Hospital on March 23, 2020, at 5:00 a.m., when his wife is scheduled to be induced, until March 25, 2020, at 5:00 p.m.
ORDER KATHLEEN L. DeSOTO , Magistrate Judge . Defendant Matthew Brent Goettsche has filed an unopposed motion to seal the Defendant's Opposition to Plaintiff's Motion to Allow Receiver to Sell the Assets of Cryptowatt and the accompanying Declaration of Josh Kalish. (Doc. 48.) Having complied with L.R. 5.2 and good cause appearing, IT IS HEREBY ORDERED that Defendant's motion is GRANTED and Docs. 49 and 49-1 in the above-captioned matter are SEALED. IT IS ORDERED.
ORDER BRIAN MORRIS , District Judge . The Court conducted a status conference on March 18, 2020. James Murnion, Esq., appeared for Plaintiff Clark Canyon Hydro, LLC. Brianne McClafferty, Esq. and Jennifer Dempsey, Esq. appeared for Defendant, Idaho Power Company. IT IS ORDERED that the motion hearing set for Monday, March 30, 2020, at 1:30 p.m. shall be conducted using video conferencing by all parties. The parties are to contact the Clerk of Court to arrange a video test in advance of...
ORDER DANA L. CHRISTENSEN , District Judge . Before the Court is the Government's Motion for Leave to Present Testimony via Video Conferencing. (Doc. 103.) The Government moves the Court for leave to present the testimony of Helena Police Department Corporal Domingo Zapata and Helena Police Department Officer Monica Kuehn via video conferencing at the upcoming revocation hearing to prevent the officers from having to travel jfrom Helena to Missoula during the coronavirus outbreak. ( Id....
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I and II of the Indictment, which charge the crime of prohibited person in possession of a firearm, in violation of 18 U.S.C. 922(g)(1), and the crime of prohibited person in possession of a firearm, in violation of 18 U.S.C. 922(g)(3), respectively. After examining the Defendant under...
ORDER KATHLEEN L. DeSOTO , Magistrate Judge . Defendant Motorists Commercial Mutual Insurance Company moves for the admission of Patricia Mulvoy Kipnis (Doc. 46) to practice before this Court in this case with Shane P. Coleman to act as local counsel. Pro hac vice admission is governed by D. Mont. L.R. 83.1(d), which provides in pertinent part that the attorney seeking pro hac vice admission must file an affidavit attesting to various items enumerated at L.R. 83.1(d)(3). While...
ORDER DONALD W. MOLLOY , District Judge . On February 13, 2020, Charles Wayne Bliss was sentenced to a guideline sentence of 151 months imprisonment followed by five years of supervised release after pleading guilty to one count of conspiracy to distribute methamphetamine. (Doc. 112.) Bliss now moves for reconsideration of the sentence. However, a court does not have authority to alter a sentence except in limited circumstances, none of which exist here. See 18 U.S.C. 3582(c); Fed. R....
ORDER JOHN JOHNSTON , Magistrate Judge . Pending before the Court is the unopposed motion of the United States to appear telephonically for the detention hearing. For good cause shown, IT IS ORDERED that counsel for the United States may appear by telephone at the detention hearing set March 19, 2020. The United States shall make arrangements with the Clerk of Court's staff to appear by telephone.
PRELIMINARY ORDER OF FORFEITURE BRIAN MORRIS , District Judge . THIS MATTER comes before the Court on the United States' Motion for Preliminary Order of Forfeiture. Anthony Joseph Beltran appeared before the Court on March 10, 2020, and entered a plea of guilty to Counts III and VI contained in the Superseding Indictment. He also admitted the forfeiture allegation. Beltran's plea provides a factual basis and cause to issue an Order of Forfeiture, pursuant to 21 U.S.C. 853(a)(1) and 881(...
ORDER KATHLEEN L. DeSOTO , Magistrate Judge . The parties have filed a joint motion requesting the Court allow representatives with ultimate settlement authority to appear by telephone at the March 23, 2020 settlement conference. (Doc. 37.) The Court conducted a status conference on March 18, 2020 to discuss the motion. Accordingly, and good cause appearing, IT IS ORDERED that the joint motion is GRANTED. All parties required to participate in the settlement conference may appear by...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count I of the Indictment, which charges the crime of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. 846. After examining the Defendant under oath, the Court determined: 1. That the Defendant is fully competent and capable of entering an informed and...
ORDER DONALD W. MOLLOY , District Judge . In November 2018, this Court lifted the injunction against the Miller West Fisher Project, reasoning in part that the Project's compliance with the Access Amendments' incidental take statement remedied the Endangered Species Act ("ESA") violations. (Doc. 118 at 5-7, 8-11.) While the decision to lift the injunction was pending on appeal, this Court decided Alliance for the Wild Rockies v. Probert, 412 F.Supp.3d 1188 (D. Mont. 2019), ordering the...
ORDER BRIAN MORRIS , District Judge . The parties have filed Joint Motions in Limine (Doc. 140) by which they request the Court to enter an Order in limine excluding from the first phase of trial in this matter all reference to, evidence of, or argument concerning the following: 1. All ski accidents at Big Sky that occurred after Meyer's December 11, 2015 ski wreck; 2. Personal attacks on counsel for either party, including attacks concerning any alleged impropriety in scheduling or...
ORDER DANA L. CHRISTENSEN , Chief District Judge . Before the Court is Federal Defendants' unopposed Motion for Leave to Appeal Telephonically. (Doc. 98.) Counsel for Federal Defendants requests permission to appear by teleconference pursuant to Local Rule 7.1(e) in light of travel restrictions being implemented within the executive branch. ( Id. at 2.) This motion is GRANTED. IT IS ORDERED that Federal Defendants may appear at the hearing on March 18, 2020 telephonically. IT IS FURTHER...
ORDER DONALD W. MOLLOY , District Judge . This matter comes before the Court on the United States' unopposed motion for final order of forfeiture. (Doc. 111.) Having reviewed the motion, the Court finds: 1. The United States commenced this action pursuant to 21 U.S.C. 853(a)(1) and (2), 21 U.S.C. 881(a)(11) and 18 U.S.C. 924(d). 2. A preliminary order of forfeiture was entered on December 23, 2020. (Doc. 103.) 3. All known interested parties were provided an opportunity to...
