United States of America v. Tarpey et al

Filing 123

ORDER granting 116 Motion for Summary Judgment. ORDERED: The US Motion for Summary Judgment seeking a permanent injunction against Broyles is GRANTED. 2. A Final Judgment of Permanent Injunction Against Ron Broyles will be filed concurrently wi th this Order. 3. A copy of this Order and the Final Judgment of Permanent Injunction Against Ron Broyles shall be personally served upon Broyles by the United States Marshal on or before 4/14/17 at his last known address as proved to the Court. 4. The clerk is directed to mail a coy of this Order and the Final Judgment of Permanent Injunction Against Ron Broyles. 5. Entry of permanent injunction against Broyles resolves all outstanding claims asserted in this case. The clerk is directed to close the case. Signed by Judge Sam E Haddon on 3/29/2017. (ELL) Modified on 3/29/2017 Cpy to Broyles and to USM for service by US Mail (ELL).

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

MAR 2 9 2017
BUTTE DIVISION

Clerk, U.S. District Court
District Of Montana
Helena

UNITED ST ATES OF AMERICA,
Plaintiff,

No. CV 15-72-BU-SEH

vs.
ORDER
(1) JAMES TARPEY;
(2) PROJECT PHILANTHROPY,
INC. d/b/a DONATE FOR A CAUSE;
(3) TIMESHARE CLOSINGS, INC.
d/b/a RESORT CLOSINGS, INC.;
(4) RON BROYLES;
(5) CURT THOR; and
(6) SUZANNE CROWSON f/k/a
SUZANNE TARPEY;
Defendants.
On February 10, 2017, the Unites States filed a Motion for Summary
Judgment against Defendant Ron Broyles ("Broyles"). As of December 13, 2016,
Broyles was deemed to have elected to appear pro se in this case. 1 A response to
the motion by Broyles was due by March 6, 2017. No response by Broyles was
filed.
1

Doc. 112.

On March 7, 2017, the Court set a hearing on the motion for March 29,
2017. 2 A copy of the March 7, 2017, Order was to be personally served upon
Broyles at the address provided in the Certificate of Service attached to Crowley
Fleck PLLP's Notice of Service of Order3 filed on November 2, 2016.
On March 27, 2017, an unexecuted Process Receipt and Return was filed,
indicating service upon Broyles was attempted on March 8, 2017, and March 13,
2017. 4
A hearing on the United States' Motion for Summary Judgment was held on
March 29, 2017. Harris Phillips, Esq. and Gretchen Nygaard, Esq. were present
on behalf of the United States. Broyles was not present.
Under Fed. R. Civ. P. 56, summary judgment is appropriate "ifthe movant
shows that there is no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law. " 5 "The moving party bears the initial
burden of establishing the absence of a genuine issue of material fact. " 6 "Once the

2

See Doc. 120.

3

Doc. 109.

4

See Doc. 121.

5

Fed. R. Civ. P. 56(a).

6

Fairbank v. Wunderman Cato Johnson, 212 F .3d 528, 531 (9th Cir. 2000) (citing
Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986)).
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moving party has met its initial burden, Rule 56(e) requires the nonmoving party
to go beyond the pleadings and identify facts which show a genuine issue for
trial." 7 If the nonmoving party "fails to properly address another party's assertion
of fact as required by Rule 56(c), the court may ... grant summary judgment ifthe
motion and supporting materials-including the facts considered undisputed-show
that the movant is entitled to it. " 8
Consideration of the United States' Motion for Summary Judgment, 9 Brief
in Support of United States' Motion for Summary Judgment, 10 Statement of
Undisputed Facts, 11 and the Declaration of Harris J. Phillips, 12 with attached
exhibits, establishes there is no genuine issue of material fact. Broyles has failed
to respond or otherwise appear. Summary judgment in favor of the United States
is appropriate.

7

Id (citing Celotex Corp., 477 U.S. at 323-24).

8

Fed. R. Civ. P. 56(e)(3).

9

Doc. 116.

10

Doc. 119.

11

Doc.117.

12

Doc. 118.

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Based upon the record made in open court,
ORDERED:
I.

The United States' Motion for Summary Judgment 13 seeking a

permanent injunction against Broyles is GRANTED.
2.

A Final Judgment of Permanent Injunction Against Ron Broyles will

be filed concurrently with this Order.
3.

A copy of this Order and the Final Judgment of Permanent Injunction

Against Ron Broyles shall be personally served upon Broyles by the United States
Marshal on or before April 14, 2017, at his last known address as provided to the
Court:
Ron Broyles
71 Yosemite Road
San Rafael, CA 94903
4.

The clerk is directed to mail a copy of this Order and the Final

Judgment of Permanent Injunction Against Ron Broyles to the above address.
5.

Entry of permanent injunction against Broyles resolves all

"Doc. 116.
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outstanding claims asserted in this case. The clerk is directed to close the case.
DATED this

J?91y ofMarch, 2017.

~lafwct?.J
United States District Judge

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