Case: Brown v. Jacobsen

6:21-cv-00092 | U.S. District Court for the District of Montana

Filed Date: Dec. 6, 2021

Case Ongoing

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Case Summary

This case is about the apportionment of electoral districts for Montana’s Public Service Commission (the “PSC”) and preventing the dilution of votes of voters in overpopulated districts. The PSC oversees public utilities and consists of five commissioners, each elected from a regional district. Montana Code § 69-1-104 designates five PSC districts, with one commissioner elected from each district, but does not include a mechanism for redistricting. The Montana legislature amended § 69-1-104 in 2003, following the 2000 Census, to reapportion the districts to achieve population equality. Despite population fluctuations among the districts as evidenced in subsequent censuses, the Montana legislature did not reapportion the districts between 2003 and 2021, when the action was filed. According to 2020 Census data, there was a maximum population deviation among the five districts of 24.5%.

In advance of the 2022 election, On December 6, 2021, three individual residents of Montana (the “Plaintiffs”) represented by private counsel sued Secretary of State Christi Jacobsen in her official capacity in the U.S. District Court for the District of Montana, seeking to enjoin her from certifying candidates for Districts 1 and 5 for the 2022 elections, a declaration that the districts as then defined under Montana Code § 69-1-104 violate the Fourteenth Amendment’s one-person, one-vote rule, and relief in the form of a new electoral map. At the outset of the case, Plaintiffs moved for a temporary restraining order or preliminary injunction to prevent the Secretary of State from certifying candidates for commissioner in Districts 1 and 5 pending a determination on the constitutionality of the PSC districting plan. On December 22, 2021, District Judge Donald W. Molloy issued an order temporarily restraining the Secretary of State from certifying candidates for Commissioner in District 1 and District 5 until the parties appeared for a hearing on the preliminary injunction motion, which was set for January 7, 2022. 2021 WL 6062393.

A three-judge panel (the “Court”) of Judge Molloy, Chief Judge Brian M. Morris, and Ninth Circuit Judge Paul J. Watford heard Plaintiff’s motion for a preliminary injunction on January 7, 2022. The same day, Judge Molloy, on behalf of the panel, ordered that the temporary restraining order previously issued would remain in effect until January 18, 2022 or until an order on the preliminary injunction was entered, whichever happened first. On January 13, 2022, the Court panel granted the Plaintiffs’ request for a preliminary injunction enjoining the Secretary of State from certifying candidates for Commissioner in District 1 and 5 pending a final disposition on the merits. 2022 WL 122777.

The Secretary of State moved to dismiss or to stay the case on January 12, 2022. A week later, on January 18, the Court denied the motion because the issues had been addressed in the preliminary injunction order.

The parties filed competing motions for summary judgment on the issues, which were taken on submission. The Court held a bench trial on March 4, 2022. On March 8, 2022, District Judge Brian Morris issued an Opinion & Order resolving the merits of case, holding that the district map was unconstitutional and permanently enjoining the Secretary of State from certifying candidates for Commissioner under the existing district map. Specifically, the Court determined that the three-judge panel was properly appointed pursuant to 18 U.S.C. § 2884(a) because the impacts of the PSC’s actions were felt statewide, and the PSC is a legislative body, the Plaintiffs had standing because the existing district map created a greater than 10% deviation from the ideal population, which is presumptively unconstitutional, and, critically, because the existing PSC plan had a maximum population deviation of roughly 24%, which exceeded the presumptively reasonable 10% deviation and absent evidence to rebut that presumption, the existing PSC districts were unconstitutional and the map as expressed in § 69-1-104 were unconstitutional, specifically violating the one-person, one-vote rule of the Fourteenth Amendment. 590 F.Supp.3d 1273.

As a remedy, the Court implemented a version of the Secretary of State’s proposed redistricting plan. The Court recognized that federal courts are subject to a higher standard than the standard applied to legislative plans when implementing districting maps and the deference to be paid to the policies and preferences of the State. As such, it selected the Secretary of State’s plan, despite its larger population variances. The Court further held that the map it imposed would only remain in effect in the absence of action by the Montana legislature.

Ultimately, the Court declared Montana Code § 69-1-104 unconstitutional; permanently enjoined the Secretary of State from certifying candidates under the 2003 PSC map; and ordered the Secretary of State to implement the map identified in its opinion, absent action by the Montana legislature, to certify candidates for Districts 1 and 5 for the 2022 elections. Judgment was entered in favor of the Plaintiffs and against the Secretary of State in accordance with the March 8 decision the same day.

Following issuance of the judgment, on March 22, 2022, Plaintiffs moved for an award of attorneys’ fees in the amount of $126,171.23. The Secretary of State opposed the motion, and on July 5, 2022, the District Judge Molloy granted Plaintiffs’ motion, awarding Plaintiffs attorneys’ fees and costs in the amount of $89,590.80. 2022 WL 2452230.

On August 5, 2022, the Secretary of State appealed the attorneys’ fees award to the U.S. Court of Appeals for the Ninth Circuit (docket 22-35634), and Plaintiffs cross-appealed two weeks later (docket 22-35673). Following mediation, the parties ultimately privately settled the attorneys’ fees dispute and voluntarily dismissed the appeal.

As of November 2023, there have been no further developments.

Summary Authors

Joanna Schorr (11/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61600333/parties/brown-v-jacobsen/

Judge(s)

Attorney for Plaintiff

AT, Constance Van

Counsel, Rylee Sommers-Flanagan,

Kley, Constance Van (Montana)

Attorney for Defendant

General, Brent Adam

Jones, Emily E. (Montana)

Judge(s)

Molloy, Donald W. (Montana)

Attorney for Plaintiff

AT, Constance Van

Counsel, Rylee Sommers-Flanagan,

Kley, Constance Van (Montana)

Krautter, Joel Grant (Montana)

Sommers-Flanagan, Rylee K. (Montana)

Attorney for Defendant

General, Brent Adam

Jones, Emily E. (Montana)

Mead, Brent Adam (Montana)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 6:21-cv-00092	Complaint	Dec. 6, 2021	Dec. 6, 2021 Complaint
6 6:21-cv-00092	Plaintiffs' Brief in Support of Motion for Temporary Restraining Order or Preliminary Injunction	Dec. 17, 2021	Dec. 17, 2021 Pleading / Motion / Brief
6-1 6:21-cv-00092	Exhibit 1: Montana State and County Population Totals	Dec. 17, 2021	Dec. 17, 2021 Other
6-2 6:21-cv-00092	Exhibit 2 to Plaintiffs' Motion for TRO - Excerpts from U.S. Census Bureau, Montana: 2010	Dec. 17, 2021	Dec. 17, 2021 Other
6-3 6:21-cv-00092	Exhibit 3: Current PSC Map	Dec. 17, 2021	Dec. 17, 2021 Other
6-4 6:21-cv-00092	Exhibit 4: Map Showing Deviation as of 2013	Dec. 17, 2021	Dec. 17, 2021 Other
6-5 6:21-cv-00092	Exhibit 5: SB153 Proposed Map	Dec. 17, 2021	Dec. 17, 2021 Other
6-6 6:21-cv-00092	Exhibit 6: Letter from Chairman Bill Gallagher to Sen. State Admin. Comm. (Jan. 25, 2013)	Dec. 17, 2021	Dec. 17, 2021 Other
6-7 6:21-cv-00092	Exhibit 7: Letter from Chairman Bill Gallagher to House Judiciary Comm.	Dec. 17, 2021	Dec. 17, 2021 Other
6-8 6:21-cv-00092	Exhibit 8: Affidavit of Bob Brown	Dec. 17, 2021	Dec. 17, 2021 Declaration/Affidavit

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Brown v. Jacobsen		March 8, 2022	March 8, 2022 https://thearp.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/61600333/brown-v-jacobsen/

Last updated April 15, 2026, 5:17 a.m.

ECF Number	Date	Description	Link
1	Dec. 6, 2021	COMPLAINT against Christi Jacobsen, filed by Bob Brown, Hailey Sinoff, Donald Seifert. (Attachments: # 1 Civil Cover Sheet) (HEG) (Entered: 12/07/2021) 1 Civil Cover Sheet View on PACER	RECAP
	Dec. 6, 2021	Filing Fee Received
	Dec. 6, 2021	Filing fee received: $ 402, receipt number AMTDC-2776867 (HEG)
	Dec. 7, 2021	Filing Fee Received
2	Dec. 8, 2021	Summons Issued as to Christi Jacobsen and Attorney General. Original summonses emailed to counsel for service. (Attachments: # 1 Attorney General Summons) (HEG) (Entered: 12/08/2021) 1 Attorney General Summons View on RECAP	RECAP
3	Dec. 9, 2021	ORDER appointing Judge Paul J. Watford, U.S. Circuit Judge for the Ninth Circuit, and Chief Judge Brian M. Morris pursuant to 28 U.S.C. § 2284(a). Signed by Chief Judge Mary H. Murguia, United States Court of Appeals for the Ninth Circuit. (NOS)	RECAP
4	Dec. 17, 2021	Proof of Service filed by Bob Brown, Donald Seifert, Hailey Sinoff. Service by process server on December 10, 2021. (Attachments: # 1 Supplement) (Van Kley, Constance) (Entered: 12/17/2021) 1 Supplement View on PACER	RECAP
5	Dec. 17, 2021	MOTION for Preliminary Injunction Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 12/17/2021)	RECAP
6	Dec. 17, 2021	Brief/Memorandum in Support re 5 MOTION for Preliminary Injunction filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit Montana State and County Population Totals, # 2 Exhibit Excerpts from U.S. Census Bureau, Montana: 2010, # 3 Exhibit Current PSC Map, # 4 Exhibit Map Showing Deviation as of 2013, # 5 Exhibit SB153 Proposed Map, # 6 Exhibit Letter from Chairman Bill Gallagher to Sen. State Admin. Comm., # 7 Exhibit Letter from Chairman Bill Gallagher to House Judiciary Comm., # 8 Exhibit Affidavit of Bob Brown) (Van Kley, Constance) (Attachment 3 replaced on 1/4/22 with flattened version.) (NOS) (Entered: 12/17/2021) 1 Exhibit Montana State and County Population Totals View on RECAP 2 Exhibit Excerpts from U.S. Census Bureau, Montana: 2010 View on RECAP 3 Exhibit Current PSC Map View on RECAP 4 Exhibit Map Showing Deviation as of 2013 View on RECAP 5 Exhibit SB153 Proposed Map View on RECAP 6 Exhibit Letter from Chairman Bill Gallagher to Sen. State Admin. Comm. View on RECAP 7 Exhibit Letter from Chairman Bill Gallagher to House Judiciary Comm. View on RECAP 8 Exhibit Affidavit of Bob Brown View on RECAP	RECAP
7	Dec. 22, 2021	ORDER re 5 MOTION for Preliminary Injunction filed by Hailey Sinoff, Donald Seifert, Bob Brown: Plaintiffs' request for a temporary restraining order or a preliminary injunction is GRANTED IN PART. It is granted insofar as Jac obsen is temporarily restrained as explained in this Order. The Court reserves ruling on the remainder of Plaintiffs' motion until the parties appear for a hearing. ORDER Setting Hearing on Motion 5 MOTION for Preliminary Injunction: Motion Hearing set for 1/7/2022 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Paul J. Watford, Judge Donald W. Molloy, and Chief Judge Brian M. Morris. Signed by Judge Donald W. Molloy on 12/22/2021. (dle)	RECAP
	Dec. 22, 2021	Set/Reset Hearings
	Dec. 22, 2021	Set/Reset Hearings: Motion Hearing set for 1/7/2022 at 9:00 AM in Missoula, MT before Judge Donald W. Molloy and Chief Judge Brian Morris. (NOS)
	Dec. 30, 2021	Set/Reset Hearings - SDM
8	Jan. 3, 2022	RESPONSE to Motion re 5 MOTION for Preliminary Injunction filed by Christi Jacobsen. (Mead, Brent) (Entered: 01/03/2022)	RECAP
9	Jan. 5, 2022	REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (NEF regenerated to Defendant following addition of counsel to the docket.) (NOS) (Entered: 01/05/2022)	RECAP
10	Jan. 7, 2022	MINUTE ENTRY for proceedings held before Judge Donald W. Molloy, Judge Paul J. Watford (appearing via Zoom), and Chief Judge Brian Morris (appearing via Zoom): Motion Hearing held on 1/7/2022 re 5 MOTION for Preliminary Injunction. Counsel Constance Van Kley, Rylee Sommers-Flanagan, and Joel Krautter appearing on behalf of plaintiffs. Counsel Brent Mead appearing on behalf of defendant. Counsel Van Kley and Mead provide argument, answer questions as asked by judge panel. Written order forthcoming. Hearing commenced at 9:07 a.m. and concluded at 10:07 a.m. (Court Reporter: Janet Davis (via Zoom)) (Law Clerk: T. Nickol) (Hearing held in Missoula, MT) (NOS) (Entered: 01/07/2022)	RECAP
11	Jan. 7, 2022	ORDER. IT IS ORDERED that the temporary restraining order as stated in the previous Order, (Doc. 7 ), shall remain in effect until January 18, 2022, or until an order on the preliminary injunction is entered, whichever happens first. Signed by Judge Donald W. Molloy on 1/7/2022. (NOS)	RECAP
	Jan. 7, 2022	Motion Hearing - SDM
12	Jan. 12, 2022	Defendants's ANSWER to 1 Complaint by Christi Jacobsen. (Mead, Brent) (Entered: 01/12/2022)	RECAP
13	Jan. 12, 2022	MOTION to Dismiss or Alternatively to Stay Proceedings Brent Adam Mead appearing for Defendant Christi Jacobsen (Mead, Brent) (Entered: 01/12/2022)	RECAP
14	Jan. 12, 2022	Brief/Memorandum in Support re 13 MOTION to Dismiss or Alternatively to Stay Proceedings filed by Christi Jacobsen. (Mead, Brent) (Entered: 01/12/2022)	RECAP
15	Jan. 12, 2022	Joint Stipulated Motion to Incorporate Prior Briefing Brent Adam Mead appearing for Defendant Christi Jacobsen (Attachments: # 1 Text of Proposed Order Proposed Order) (Mead, Brent) (Entered: 01/12/2022) 1 Text of Proposed Order Proposed Order View on PACER	RECAP
16	Jan. 13, 2022	ORDER granting 5 Motion for Preliminary Injunction. Jacobsen is preliminarily enjoined from certifying candidates for Commissioner in District 1 and 5, pending a final disposition on the merits. IT IS FURTHER ORDERED that the temporary restraining order, (Doc. 7 ), is MOOTED in light of the preliminary injunction. Signed by Judge Donald W. Molloy, Circuit Judge Paul J. Watford, and Chief Judge Brian M. Morris on 1/13/2022. (NOS)	RECAP
17	Jan. 13, 2022	ORDER. Response to Motion to Dismiss: 1/13/2022. Reply in Support of Motion to Dismiss: 1/14/2022. Discovery due by 2/2/2022. Motions due by 2/7/2022. Proposed Final Pretrial Order due by 2/28/2022. Bench Trial set for 3/4/2022 at 9:00 a.m. at the Russell Smith Courthouse in Missoula, Montana. Signed by Judge Donald W. Molloy on 1/13/2022. (NOS) (Entered: 01/13/2022)	RECAP
18	Jan. 13, 2022	RESPONSE to Motion re 13 MOTION to Dismiss or Alternatively to Stay Proceedings filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 01/13/2022)	RECAP
	Jan. 13, 2022	Set Deadlines/Hearings
	Jan. 13, 2022	Set/Reset Hearings
	Jan. 13, 2022	Set Deadlines/Hearings: Bench Trial set for 3/4/2022 at 9:00 a.m. in the Russell Smith Courthouse in Missoula, MT, before Chief Judge Brian M. Morris. (NOS)
	Jan. 13, 2022	Set/Reset Hearings: Bench Trial set for 3/4/2022 at 09:00 AM in Missoula, MT before Paul J. Watford. (JEH)
	Jan. 13, 2022	Set Deadlines/Hearings - SDM
	Jan. 13, 2022	Set/Reset Hearings - SDM
19	Jan. 18, 2022	ORDER. IT IS ORDERED that the joint stipulated motion to incorporate arguments made in prior briefing, (Doc. 15 ), is GRANTED. IT IS FURTHER ORDERED that Jacobsen's motion to dismiss, (Doc. 13 ), is DENIED. Signed by Judge Donald W. Molloy on 1/18/2022. (NOS)	RECAP
20	Jan. 27, 2022	NOTICE of Appearance by Emily E. Jones on behalf of Christi Jacobsen (Jones, Emily) (Entered: 01/27/2022)	RECAP
21	Feb. 7, 2022	MOTION for Summary Judgment Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 02/07/2022)	RECAP
22	Feb. 7, 2022	Brief/Memorandum in Support re 21 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/07/2022)	RECAP
23	Feb. 7, 2022	Statement of Undisputed Fact re: 21 MOTION for Summary Judgment by Bob Brown, Donald Seifert, Hailey Sinoff filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Affidavit Affidavit of Constance Van Kley and Exhibits 1-A through 1-E, # 2 Exhibit 2010 Districting Commission Plan, # 3 Exhibit 2020 Districting Commission Criteria, # 4 Exhibit Expert Report of Honorable Jim Regnier, # 5 Affidavit Second Affidavit of Constance Van Kley) (Van Kley, Constance) (Entered: 02/07/2022) 1 Affidavit Affidavit of Constance Van Kley and Exhibits 1-A through 1-E View on RECAP 2 Exhibit 2010 Districting Commission Plan View on RECAP 3 Exhibit 2020 Districting Commission Criteria View on RECAP 4 Exhibit Expert Report of Honorable Jim Regnier View on RECAP 5 Affidavit Second Affidavit of Constance Van Kley View on RECAP	RECAP
24	Feb. 7, 2022	MOTION for Summary Judgment Brent Adam Mead appearing for Defendant Christi Jacobsen (Mead, Brent) (Entered: 02/07/2022)	RECAP
25	Feb. 7, 2022	Brief/Memorandum in Support re 24 MOTION for Summary Judgment filed by Christi Jacobsen. (Mead, Brent) (Entered: 02/07/2022)	RECAP
26	Feb. 7, 2022	Statement of Undisputed Fact re: 24 MOTION for Summary Judgment by Christi Jacobsen filed by Christi Jacobsen. (Mead, Brent) (Entered: 02/07/2022)	RECAP
27	Feb. 8, 2022	NOTICE by Greg Gianforte for 28 U.S.C. 2284(b) Service (Milanovich, Anita) (Entered: 02/08/2022)	RECAP
28	Feb. 8, 2022	ORDER. IT IS ORDERED that, pursuant to 28 U.S.C. § 2284(6)(2), Plaintiffs are directed to serve the Governor with the Complaint, (Doc. 1 ), the January 13, 2022 scheduling order, (Doc. 17 ), and this Order. IT IS FURTHER ORDERED that the Clerk of Court is directed to add Anita Milanovich and Governor Gianforte to CM/ECF. Signed by Judge Donald W. Molloy on 2/8/2022. (NOS) Modified on 2/9/2022 NEF regenerated to counsel for Gianforte (HEG).	RECAP
29	Feb. 9, 2022	ORDERED: Jacobsen is directed to submit at least one proposed map in conjunction with its responsive briefing. Consistent with the January 13, 2022 scheduling order, such a proposal shall be due on or before February 22, 2022. (See Doc. 17.) Signed by Judge Donald W. Molloy on 2/9/2022. (HEG)	RECAP
	Feb. 9, 2022	Remark
	Feb. 9, 2022	Remark: Governor Gianforte and his counsel Anita Milanovich have been added to CM/ECF as an interested party and will receive all electronic notifications in this matter. (HEG)
30	Feb. 11, 2022	NOTICE by Bob Brown, Donald Seifert, Hailey Sinoff re 24 MOTION for Summary Judgment Notice of Nonobjection Regarding Applicability of 22 U.S.C. 2284 (Van Kley, Constance) (Entered: 02/11/2022)	RECAP
31	Feb. 22, 2022	RESPONSE to Motion re 24 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Affidavit, # 2 Exhibit) (Van Kley, Constance) (Entered: 02/22/2022) 1 Affidavit View on RECAP 2 Exhibit View on RECAP	RECAP
32	Feb. 22, 2022	RESPONSE to Motion re 21 MOTION for Summary Judgment filed by Christi Jacobsen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Mead, Brent) (Entered: 02/22/2022) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP	RECAP
33	Feb. 28, 2022	Proposed Pretrial Order submitted for review by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit Thomas Report, # 2 Exhibit Thomas Rebuttal, # 3 Exhibit Regnier Report, # 4 Exhibit Thomas Affidavit, # 5 Exhibit Plaintiffs' Exhibit List, # 6 Exhibit Defendants' Exhibit List) (Van Kley, Constance) (Entered: 02/28/2022) 1 Exhibit Thomas Report View on RECAP 2 Exhibit Thomas Rebuttal View on RECAP 3 Exhibit Regnier Report View on RECAP 4 Exhibit Thomas Affidavit View on RECAP 5 Exhibit Plaintiffs' Exhibit List View on PACER 6 Exhibit Defendants' Exhibit List View on PACER	RECAP
34	Feb. 28, 2022	REPLY to Response to Motion re 21 MOTION for Summary Judgment filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/28/2022)	RECAP
35	Feb. 28, 2022	JOINT Proposed Findings of Fact by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) Modified on 3/1/2022 to add text to clarify (HEG). (Entered: 02/28/2022)	RECAP
36	Feb. 28, 2022	Proposed Findings of Fact by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 02/28/2022)	RECAP
37	Feb. 28, 2022	Proposed Findings of Fact by Greg Gianforte, Christi Jacobsen. (Mead, Brent) (Entered: 02/28/2022)	RECAP
38	Feb. 28, 2022	NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by Christi Jacobsen (Mead, Brent) (Entered: 02/28/2022)	RECAP
39	Feb. 28, 2022	AMENDED Proposed Findings of Fact . (Mead, Brent) Modified on 3/1/2022 to clarify docket text (HEG). (Entered: 02/28/2022)	RECAP
40	March 1, 2022	REPLY to Response to Motion re 24 MOTION for Summary Judgment filed by Christi Jacobsen. (Mead, Brent) (Entered: 03/01/2022)	RECAP
41	March 2, 2022	FINAL PRETRIAL ORDER. Signed by Judge Donald W. Molloy on 3/2/2022. (Attachments: # 1 Plaintiffs' Exhibit List, # 2 Defendant's Exhibit List) (NOS) 1 Plaintiffs' Exhibit List View on PACER 2 Defendant's Exhibit List View on PACER	RECAP
42	March 2, 2022	NOTICE OF INTENT TO USE ELECTRONIC EVIDENCE OR VIDEO CONFERENCING by Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 03/02/2022)	RECAP
43	March 4, 2022	MINUTE ENTRY for proceedings held before Judge Donald W. Molloy, Circuit Judge Paul J. Watford, and Chief Judge Brian Morris: Final Pretrial Conference and Bench Trial held on 3/4/2022. Counsel Constance Van Kley, Joel Krautter, and Rylee Sommers-Flanagan appearing on behalf of plaintiffs. Counsel Brent Mead and Emily Jones appearing on behalf of defendant. Final pretrial conference held. Stipulated exhibits admitted: Plaintiffs exhibits 1-6, Defendant exhibit 21-28. Parties stipulate to admission of expert reports in lieu of witness testimony. Matter called for bench trial. Counsel Van Kley presents case for plaintiffs. Counsel Mead presents case for defendant. Rebuttal by Plaintiffs. Written determination forthcoming. Hearing commenced at 9:05 a.m. and concluded at 12:07 p.m. (Attachments: # 1 Plaintiffs' Exhibit 1, # 2 Plaintiffs' Exhibit 2, # 3 Plaintiffs' Exhibit 3, # 4 Plaintiffs' Exhibit 4, # 5 Plaintiffs' Exhibit 5, # 6 Plaintiffs' Exhibit 6, # 7 Defendant's Exhibit 21, # 8 Defendant's Exhibit 22, # 9 Defendant's Exhibit 23, # 10 Defendant's Exhibit 24, # 11 Defendant's Exhibit 25, # 12 Defendant's Exhibit 26, # 13 Defendant's Exhibit 27, # 14 Defendant's Exhibit 28) (Court Reporter: JoAnn Corson) (Law Clerk: T. Nickols) (Hearing held in Missoula) (NOS) (Entered: 03/04/2022) 1 Plaintiffs' Exhibit 1 View on RECAP 2 Plaintiffs' Exhibit 2 View on RECAP 3 Plaintiffs' Exhibit 3 View on RECAP 4 Plaintiffs' Exhibit 4 View on RECAP 5 Plaintiffs' Exhibit 5 View on RECAP 6 Plaintiffs' Exhibit 6 View on RECAP 7 Defendant's Exhibit 21 View on RECAP 8 Defendant's Exhibit 22 View on RECAP 9 Defendant's Exhibit 23 View on RECAP 10 Defendant's Exhibit 24 View on RECAP 11 Defendant's Exhibit 25 View on RECAP 12 Defendant's Exhibit 26 View on RECAP 13 Defendant's Exhibit 27 View on RECAP 14 Defendant's Exhibit 28 View on RECAP	RECAP
44	March 8, 2022	OPINION and ORDER: IT IS ORDERED that Montana Code Annotated § 691104 is DECLARED unconstitutional. IT IS FURTHER ORDERED that Secretary Jacobsen is permanently enjoined from certifying candidates under the 2003 Commission map. IT IS FURTHER ORD ERED that Secretary Jacobsen will implement the above map, absent action by the Montana legislature, to certify candidates for Districts 1 and 5 for the 2022 elections. Morris, Chief Judge CONCURRING. Signed by Judge Donald W. Molloy, Circuit Judge Paul J. Watford and Chief Judge Brian M. Morris on 3/8/2022. (HEG) Modified on 3/8/2022 to update docket text(HEG).	RECAP
45	March 8, 2022	JUDGMENT in favor of the Plaintiffs and against the Defendant. (HEG)	RECAP
46	March 22, 2022	APPLICATION FOR TAXATION OF COSTS by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Van Kley, Constance) (Main Document 46 replaced on 3/25/2022) (HEG). Modified on 3/25/2022 main document replaced with a flattened pdf (HEG). (Entered: 03/22/2022) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	RECAP
47	March 22, 2022	MOTION for Attorney Fees Constance Van Kley appearing for Plaintiffs Bob Brown, Donald Seifert, Hailey Sinoff (Van Kley, Constance) (Entered: 03/22/2022)	RECAP
48	March 22, 2022	Brief/Memorandum in Support re 47 MOTION for Attorney Fees filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 6, # 6 Exhibit 7) (Van Kley, Constance) (Attachment(s) added on 3/22/2022: # 7 Exhibit 5 - inadvertently left off when filed) (SGN). (Entered: 03/22/2022) 1 Affidavit View on RECAP 2 Affidavit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Affidavit View on RECAP 6 Exhibit View on RECAP 7 Affidavit View on RECAP	RECAP
49	March 30, 2022	Unopposed MOTION for Extension of Time to File Response/Reply as to 48 Brief/Memorandum in Support, 46 Application for Taxation of Costs, 47 MOTION for Attorney Fees Brent Adam Mead appearing for Defendant Christi Jacobsen (Attachments: # 1 Text of Proposed Order Proposed Order) (Mead, Brent) (Entered: 03/30/2022) 1 Text of Proposed Order Proposed Order View on PACER	RECAP
50	March 31, 2022	ORDER granting 49 Motion for Extension of Time to File Response re 47 MOTION for Attorney Fees. Any response to Plaintiffs' motion for attorney fees shall be due on or before April 21, 2022. Signed by Judge Donald W. Molloy on 3/31/2022. (NOS) (Entered: 03/31/2022)	RECAP
51	April 5, 2022	Costs Taxed in amount of $ 502.00 against Defendants. (HEG) (Entered: 04/05/2022)	RECAP
52	April 6, 2022	ORDER: To clarify, the March 31, 2022 order granting the extension of the response deadline applies to the defendant's response to Plaintiffs' request for attorney fees and request for non-taxable costs. The order does not apply to Plaintiffs' request for taxable costs as authorized by statute. Moreover, the award of $502 in taxable costs to Plaintiffs does not preclude the defendant from challenging any of Plaintiffs' requested non-taxable cost amount. Signed by Judge Donald W. Molloy on 4/6/2022. (HEG) (Entered: 04/06/2022)	RECAP
53	April 21, 2022	RESPONSE to Motion re 47 MOTION for Attorney Fees Response in Opposition filed by Christi Jacobsen. (Attachments: # 1 Affidavit Affidavit of B Mead, # 2 Affidavit Affidavit of D lang, # 3 Exhibit RSF Travel & Hearings, # 4 Exhibit RSF Communications, # 5 Exhibit Upper Seven Law-Complaint, # 6 Exhibit Krautter-Complaint, # 7 Exhibit Upper Seven Law-Prelim. Inj., # 8 Exhibit Krautter-Prelim. Inj., # 9 Exhibit Upper Seven-Motion to Stay, # 10 Exhibit Krautter-Motion to Stay, # 11 Exhibit Upper Seven Law-Proposed Maps, # 12 Exhibit Krautter-proposed Maps, # 13 Exhibit Krautter-Travel, # 14 Exhibit Krautter-Communications, # 15 Exhibit Krautter- MSJ, # 16 Exhibit Upper Seven Law-MSJ, # 17 Exhibit Linfesty-Vague Billing, # 18 Exhibit Affidavit of J Metropoulos) (Mead, Brent) (Entered: 04/21/2022) 1 Affidavit Affidavit of B Mead View on PACER 2 Affidavit Affidavit of D lang View on PACER 3 Exhibit RSF Travel & Hearings View on PACER 4 Exhibit RSF Communications View on PACER 5 Exhibit Upper Seven Law-Complaint View on PACER 6 Exhibit Krautter-Complaint View on PACER 7 Exhibit Upper Seven Law-Prelim. Inj. View on PACER 8 Exhibit Krautter-Prelim. Inj. View on PACER 9 Exhibit Upper Seven-Motion to Stay View on PACER 10 Exhibit Krautter-Motion to Stay View on PACER 11 Exhibit Upper Seven Law-Proposed Maps View on PACER 12 Exhibit Krautter-proposed Maps View on PACER 13 Exhibit Krautter-Travel View on PACER 14 Exhibit Krautter-Communications View on PACER 15 Exhibit Krautter- MSJ View on PACER 16 Exhibit Upper Seven Law-MSJ View on PACER 17 Exhibit Linfesty-Vague Billing View on PACER 18 Exhibit Affidavit of J Metropoulos View on PACER	RECAP
54	May 5, 2022	REPLY to Response to Motion re 47 MOTION for Attorney Fees filed by Bob Brown, Donald Seifert, Hailey Sinoff. (Van Kley, Constance) (Entered: 05/05/2022)	RECAP
55	July 6, 2022	OPINION and ORDER. IT IS ORDERED that Plaintiffs' motion for attorney fees and non-taxable costs, (Doc. 47 ), is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that post-judgment interest shall accrue at the rate of 1.03% from the date of the judgment until paid. Signed by Judge Donald W. Molloy on 7/6/2022. (NOS)	RECAP
56	Aug. 5, 2022	NOTICE OF APPEAL as to 55 Order on Motion for Attorney Fees, by Christi Jacobsen. Filing fee $ 505, receipt number AMTDC-2914849. (Attachments: # 1 Supplement Statement of Representation) (Mead, Brent) (Entered: 08/05/2022) 1 Supplement Statement of Representation View on PACER	RECAP
57	Aug. 9, 2022	USCA Case Number 22-35634 and Time Schedule Order for 56 Notice of Appeal filed by Christi Jacobsen. (HEG) (Entered: 08/09/2022)	RECAP
58	Aug. 19, 2022	NOTICE OF CROSS APPEAL by Bob Brown, Donald Seifert, Hailey Sinoff. Filing fee $ 505, receipt number AMTDC-2921748. Appeal Record due by 8/19/2022. (Attachments: # 1 Exhibit Attachment A - Statement of Representation) (Sommers-Flanagan, Rylee) (Entered: 08/19/2022) 1 Exhibit Attachment A - Statement of Representation View on PACER	RECAP
59	Aug. 24, 2022	USCA Case Number 22-35673 and Time Schedule Order for 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown. (HEG) (Entered: 08/24/2022)	RECAP
60	Nov. 9, 2022	ORDER of USCA as to 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown, 56 Notice of Appeal filed by Christi Jacobsen. This case shall be held in abeyance. The Clerk is directed to temporarily close this courts docket for administrative purposes until July 31, 2023. (HEG) (Entered: 11/09/2022)	RECAP
61	May 16, 2023	MANDATE of USCA as to 58 Notice of Cross Appeal, filed by Hailey Sinoff, Donald Seifert, Bob Brown, 56 Notice of Appeal filed by Christi Jacobsen. (HEG) (Entered: 05/16/2023)	RECAP