Blacktail Mountain Ranch Co. LLC et al v. Jonas et al

Filing 96

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - granting 33 Motion to Dismiss; granting 40 Motion to Set Aside Default; granting 73 Motion to Dismiss; granting 75 Motion to Dismiss; adopting Findings and Recommendations re 80 Findings and Recommendations; granting 17 Motion to Dismiss; denying as moot 19 Motion to Dismiss; granting 21 Motion to Dismiss; denying as moot 30 Motion to Dismiss. Signed by Judge Donald W. Molloy on 3/12/2014. (APP, )

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

MAR 12 2014
Clerk. u.s. District Court
District Of Montana
Missoula

EDWIN R JONAS III and
BLACKTAIL MOUNTAIN RANCH

CO., LLC,

CV l3-90-M-DWM

Plaintiffs,
vs.
ORDER

LINDA B. JONAS, QUENTIN M.

RHOADES, CRAIG MUNGAS,

SULLIVAN, TABARACCI &

RHOADES, P.C., JAMES DORMER,

MONTANA LIVESTOCK

AUCTION, INC., and GARDNER

AUCTION CO., INC.,

Defendants.

This matter comes before the Court on Findings and Recommendations of
United States Magistrate Judge Jeremiah C. Lynch. (Doc. 80.) The factual
background of this case is well documented in Judge Lynch's Findings and
Recommendations and will not be restated here. (Id. at 2-8.) After considering
several pending motions, Judge Lynch recommends that the case be dismissed in
its entirety. (Id.) PlaintiffEdwin R. Jonas timely filed Objections to Judge
Lynch's Findings and Recommendations. (See Docs. 81, 82.) PlaintiffBlacktail
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Mountain Ranch Co., LLC also timely filed Objections. (See Docs. 83, 84.)
Defendants filed a Response to both. (Doc. 85.)
Following a party's objection, the Court reviews de novo the portions of a
United States Magistrate Judge's fmdings and recommendations to which
objection was lodged. 28 U.S.C. § 636. When no party objects, the Court reviews
the findings and recommendations of a United States Magistrate Judge for clear
error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,
1313 (9th Cir. 1981). Clear error is present only if the Court is left with a
"definite and firm conviction that a mistake has been committed." United States v.
Syrax, 235 F.3d 422, 427 (9th Cir. 2000). When a Court reviews a party's
objection to a Magistrate Judge's ruling on a nondispositive pretrial matter, it must
"modify or set aside any part of the order that is clearly erroneous or contrary to
law." Fed. R. Civ. P. 72(a).
Judge Lynch's Findings and Recommendations address the following
motions and other filings: Defendants' Requests for Judicial Notice, (Docs. 16,
25,47, 52); Plaintiff Edwin Jonas' Objection to Judicial Notice and Request for
Hearing, (Doc. 53); Plaintiff Edwin Jonas' Motion to Disqualify Defense Counsel
and Request for a Stay, (Docs. 35,42); Defendant Linda Jonas' Motion to Set
Aside Default, (Doc. 40); Defendants Craig Mungas, James Dormer, Montana
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Livestock Auction, Inc., and Gardner Auction Co., Inc. 's ("Receiver
Defendants''') Motion to Dismiss Plaintiff Blacktail Mountain Co., LLC for failure
to obtain counsel, (Doc. 30.); Receiver Defendants' Motion to Dismiss based on
civil immunity, (Doc. 17); Defendants' Motions to Dismiss based on Rooker­
Feldman, the domestic relations exception to federal jurisdiction, collateral

estoppel, and res judicata, (Docs. 19,21,33, 73, 75); and Plaintiff Edwin Jonas'
Motion for Sanctions, (Doc. 49). Each will be considered in tum. After thorough
review of Judge Lynch's report, the parties' objections and response, and the
record in this case, the Court finds the pending Findings and Recommendations
well-reasoned and justified; they will therefore be adopted in-full.

I.

Judicial Notice
The parties requested the Court take judicial notice of filings, judicial

orders, and opinions connected to the divorce of Plaintiff Edwin Jonas and
Defendant Linda Jonas. (See Docs. 16,25,47,52.) Judge Lynch granted these
requests and took judicial notice of the associated court documents to assist in his
resolution of the pending motions. (See Doc. 80 at 2-4.) In doing so, Judge Lynch
considered and denied Plaintiff Edwin Jonas' objection to judicial notice of some
Montana court documents presented by the Defendants on the grounds that they
contain mistakes of law or fact. (Id. at 3-4.) Judge Lynch found the documents
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properly subject to judicial notice for the purpose of presenting the procedural
history of this matter and for evaluating the documents' preclusive effect. (Id. at
4.)
Plaintiffs bring objections to Judge Lynch's judicial notice of these
documents pursuant to Federal Rule of Civil Procedure 72(a). (Docs. 82 at 17-18;
84 at 16-17.) Plaintiffs claim the Court erred by denying their request for a
hearing on their objection to judicial notice, arguing a hearing must be granted as a
matter of right. (Id.) They also claim that Judge Lynch ignored their requests for
judicial notice ofNew Jersey court documents. (Id.)
Despite Plaintiffs' claims to the contrary, Judge Lynch did not deny their
request for judicial notice. (See Doc. 80 at 3.) Judge Lynch notes in his Findings
and Recommendations that Plaintiffs requested the Court take judicial notice of
the New Jersey court documents. (Id.) Judge Lynch further notes "Defendants do
not object to Jonas's request for judicial notice or dispute the authenticity of the
documents he has submitted-all of which are properly subject to judicial notice."
(Id.) The documents were considered in Judge Lynch's resolution of Defendants'
Motions to Dismiss. (Id. at 24.)
Plaintiffs' claim that Judge Lynch did not take judicial notice ofthe New
Jersey court documents is a mischaracterization of the Findings and
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Recommendations; an attempt to argue the merits of the Motion to Dismiss
through requests for judicial notice. This line of objection is a baseless attempt to
shift judicial notice of adjudicative facts which form the basis ofthe case to
legislative facts, related to legal reasoning and the formulation of legal principles.
Judicial notice ofthis latter category of information and the accompanying
argument is inappropriate. See Von Saher v. Norton Simon Museum ofArt at

Pasadena, 592 F.3d 954,560 (9th Cir. 2009) (citing Toth v. Grand Trunk R.R.,
306 F.3d 335,349 (6th Cir. 2002) (,,[J]udicial notice is generally not the
appropriate means to establish the legal principles governing the case."» Pursuant
to Plaintiffs' request, Judge Lynch took judicial notice of the New Jersey court
documents. Plaintiffs' objection is without merit.
Judge Lynch did not err in substance or procedure in his decision to grant
judicial notice of the Montana court documents over Plaintiffs' objection and
request for hearing. Additionally, no federal court has held that Federal Rule of
Evidence 201 (e) requires a formal hearing in all circumstances. The Sixth and the
Tenth Circuit, however, have held the opposite: "Federal Rule of Evidence 201 (e)
does not require 'under all circumstances, a formal hearing. '" Amadasu v. The

Christ Hosp., 514 F.3d 504,507-08 (6th Cir. 2008) (quoting Am. Stores Co. v.
Commr. ofInternal Revenue, 170 F.3d 1267, 1271 (lOth Cir.1999». In A madasu,
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the Sixth Circuit held Rule 201 (e) was satisfied because the plaintiff had an
opportunity to be heard on the issue ofjudicial notice through the filing of his
objections to the Magistrate Judge's report and the filing of his request for a
hearing. ld. The circumstances here match those in Amadasu; Plaintiffs had an
opportunity to be heard on the issue ofjudicial notice through the filing of
objections to the Magistrate Judge's report and the filing of his request for a
hearing.
Plaintiffs' objection to judicial notice of the Montana Supreme Court cases
is not well-taken on its merits. Plaintiffs' sole objection to judicial notice of the
Montana Supreme Court opinions is that the Montana Supreme Court decided his
appeals wrongly. (See Docs. 24,53.) This is not the purpose for which judicial
notice was taken and does not form the basis for a valid objection to judicial notice
of court documents. Lee v. City ofLos Angeles, 250 F 3d 668, 690 (9th Cir. 2001)
("On a Rule 12(b)(6) motion to dismiss, when a court takes judicial notice of
another court's opinion, it may do so not for the truth of the facts recited therein,
but for the existence of the opinion, which is not subject to dispute over its
authenticity.") Judge Lynch's handling of the requests for judicial notice in this
matter is well-considered and free of error. His refusal to grant Plaintiffs a formal
hearing and his Order denying their objection to judicial notice are justified and
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will not be disturbed.

n.

Motion to Disqualify Defense Counsel

Plaintiffs object to Judge Lynch's decision to deny their Motion to
Disqualify Defense Counsel as clearly erroneous and contrary to law. (Docs. 82 at
8-17, 84 at 8-16.) Plaintiffs claim that Quentin Rhoades and Robert Erickson are
precluded from acting as attorneys in this matter because their status as material
witnesses in this case presents a conflict of interests. (Id.) Plaintiffs' contentions
on this matter do not contradict Judge Lynch's finding that disqualification of
counsel on the grounds of a conflict of interest is only appropriate if a client or
former client moves for disqualification. (See Doc. 80 at 11.) Plaintiffs are not a
client or former client of Rhoades or Erickson. Plaintiffs' objection is not
responsive to the Magistrate Judge's fmdings and decision. Judge Lynch's
findings and decision to deny Plaintiffs' Motion to Disqualify are well justified
and will not be disturbed.

In.

Motion to Set Aside Default

Judge Lynch recommends that Linda Jonas' Motion to Set Aside Default be
granted. (Doc. 80 at 12-17,44.) Plaintiffs pose no specific objection to this
portion of Judge Lynch's report. (See Docs. 81,82,83,84.) Accordingly, Judge
Lynch's findings and recommendations regarding this Motion are reviewed for
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clear error. After such review, the Court finds no clear error. Linda Jonas met her
burden to show she has meritorious defenses and setting aside entry of default
would not cause prejudice to the Plaintiffs and there is no evidence that she acted
culpably in her alleged failure to timely answer. Her motion will be granted.

IV. Motion to Dismiss PlaintiffBlacktail Mountain Co., LLC for failure to
obtain counsel
Judge Lynch recommends that the Receiver Defendants' Motion to Dismiss
Blacktail Mountain Co., LLC for failure to obtain counsel be denied as moot.
(Doc. 80 at 8-9,44.) No party objects to this portion of Judge Lynch's report.
Accordingly, Judge Lynch's findings and recommendations regarding this Motion
are reviewed for clear error. After such review, the Court finds no clear error.
Although Blacktail Mountain Co., LLC failed to meet the court-imposed deadline
for securing counsel, it has retained counsel who has entered an appearance on
their behalf. (See Doc. 77.) This renders the basis for the Receiver Defendants'
Motion moot. It will be denied as such.

v.

Motion to Dismiss based on civil immunity
Judge Lynch recommends that the Receiver Defendants Motion to Dismiss

based on civil immunity be granted. (Doc. 80 at 18-22,45.) Plaintiffs object,
arguing that immunity does not attach because the Receiver Defendants lacked

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personal and subject matter jurisdiction. (Docs. 81 at 2-4, 9-30; 83 at 2-4,9-29.)
Plaintiffs objections are without legal merit. Plaintiffs attempt to analogize
the circumstances of this case to the exception to judicial immunity that allows
claims to proceed against a judge, or agents appointed by the judge, where the
judge acts in the complete absence ofjurisdiction. This Court has already ruled
that Judge McNeil has judicial immunity for enforcement of the New Jersey
judgments in Montana. See Order, Edwin Jonas v. Ronald Waterman, et. ai,
Cause No. CV 13-16-M-DLC-JCL (D. Mont. June 12,2013). Jonas does not
advance any arguments that warrant revisiting Judge Christensen's finding of
judicial immunity. The Receiver Defendants-Craig Mungas, James Dormer,
Montana Livestock Auction, Inc., and Gardner Auction Co., Inc.-will be
dismissed as immune from suit.
It is noted, however, that Plaintiffs' argument that the Receiver Defendants

do not have judicial immunity because they lacked personal jurisdiction over
Blacktail Mountain is a legal contention not warranted by existing law, nor is it a
non-frivolous argument for extending, modifying, or reversing exiting law, or for
establishing new law. Plaintiffs argue in their Objections that "Immunity only
attaches if [the Receiver Defendants] had both in personam and subject matter
jurisdiction." (Docs. 81 at 20; 83 at 20.) This is contrary to established Ninth
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Circuit law. New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1302 (9th Cir.
1989) ("a judge is entitled to immunity even if there was no personal jurisdiction
over the complaining party.") Plaintiffs make a futile attempt to distinguish this
case from New Alaska, (Docs. 81 at 26; 83 at 26), but the Ninth Circuit's
observations in that case are apposite to the case at bar. "Divorce cases often
engender bitterness between the litigants. Judicial immunity for cases coming
within the trial judge's general subject matter jurisdiction prevents disappointed
parties from targeting the judge for retribution." Id. This Court has already ruled
Judge McNeil had subject matter jurisdiction and is entitled to judicial immunity.
It is incontrovertible that such immunity extends to the appointed receiver, as well
as the receiver's agents. See New Alaska Dev. Corp., 869 F.2d at 1302-03.

VI.

Motions to Dismiss on other grounds
The Receiver Defendants move to dismiss all of Plaintiffs' claims based on

the Rooker-Feldman doctrine, the domestic relations exception to federal
jurisdiction, and the doctrines of res judicata and collateral estoppel. (Doc. 19.)
All other Defendants reassert and join in the Receiver Defendants' Motion.

(See Docs. 21, 33, 73, 75.) After dismissing claims against the Receiver
Defendants based on judicial immunity, Judge Lynch found dismissal of the
remaining Defendants warranted based on Rooker-Feldman, res judicata, and
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collateral estoppel and Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil
Procedure. (Doc. 80 at 23-43.) Having reached that conclusion, Judge Lynch
found consideration of the domestic relations exception argument unnecessary.
(Id. at 43 n.8.) Judge Lynch recommends claims against the remaining

Defendants-Linda Jonas, Quentin M. Rhoades, Robert Erickson, Steve Stelling,
and Sullivan, Tabaracci, & Rhoades, P.C.-accordingly be dismissed. (Id. at 44­
45.) Plaintiffs object, challenging Judge Lynch's finding that the New Jersey
documents that form the basis of the Motions to Dismiss are final judgments and
his application of Rooker-Feldman, res judicata, and collateral estoppel. (Docs.
81 at 30-45, 83 at 30-45, 86 at 2-3.) After de novo review of the record and
consideration of Plaintiffs' Objections, the Court finds no error in Judge Lynch's
Findings and Recommendations and they will be adopted in-full.
A.

Finality of New Jersey judgments

Plaintiffs true concern, as telegraphed in their claims regarding judicial
notice, see supra part I, is Judge Lynch's finding that the New Jersey court
documents are final judgments. This decision forms the basis for Judge Lynch's
recommendation that the complaint be dismissed pursuant to Rules 12(b)( 1) and
12(b)(6). Plaintiffs repeatedly argue that the New Jersey judgments are not final
because they are default judgments entered without prejudice. (See, e.g., Docs. 81
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at 32, Doc. 83 at 31-32.) In support of this argument, Plaintiffs submit transcripts
from the New Jersey trial court, two New Jersey appellate opinions, as well as a
decision issued by the Disciplinary Review Board of the New Jersey Supreme
Court suspending Edwin Jonas' license to practice law. (Docs. 25-1,25-2,25-3,
and 47-1.) Those documents show only that Linda Jonas obtained post-judgment
orders holding Jonas liable for unpaid child support, alimony, attorneys fees and
related expenses. They show Edwin Jonas' motions for relief from those orders
were dismissed without prejudice based on the fugitive disentitlement doctrine.
They do not demonstrate the New Jersey judgments are not final, only that Edwin
Jonas is still able to contest the post-judgment orders, should he become willing to
comply with court orders to appear personally and post a bond. For all intents and
purposes, they are final judgments. Edwin Jonas himself has admitted this. In
bankruptcy proceedings in this Court before Judge Kirscher, Edwin Jonas sought a
stay to appeal the New Jersey judgments. Edwin Jonas eventually filed a status
report stating, "All appellate avenues in New Jersey have been exhausted and no
further appeals are possible." In re Jonas, 2012 WL 2921016 (Bankr. D. Mont.

2012); see Jonas v. Jonas, 40 A.3d 733 (N.J. 2012).
Edwin Jonas is apparently still welcome to challenge the New Jersey
judgments, should he become willing to comply with orders issued by the New
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Jersey Superior Court in the original divorce proceedings, specifically that he post
a bond and personally appear. See Jonas v. Jonas, 2008 WL 239069 (N.J. Super.
App. Div. 2008) ("upon Edwin Jonas' posting such bond to cover the judgments
obtained by Linda Jonas and committing himselfto appear personally in New
Jersey as soon as possible, at a time mutually agreed upon between the parties and
the courts, the warrants for his arrest may be vacated and further plenary hearing
held."); see also Jonas v. Jonas, 2011 WL 6820244 (N.J. Super. App. Div. 2011)
(noting that Jonas is still able to have his claims heard regarding the judgments
already being satisfied ifhe complies with the court's previous order). Plaintiffs' .
objections that the judgments are not final are without merit. Judge Lynch
appropriately found the New Jersey judgments final.

B.

Application of Rooker-Feldman, res judicata, and collateral
estoppel

Plaintiffs argue that their claims of fraud, legal malpractice, conversion, and
claims brought under 42 U.S.C. § 1983 are not attempts to relitigate issues already
decided in the Montana and New Jersey courts. (Docs. 81 at 33-45, 83 at 33-45.)
However, Plaintiffs' objections to Judge Lynch's findings regarding res judicata,
collateral estoppel, and the Rooker-Feldman doctrine all reiterate previous
objections to the finding that the New Jersey judgments are final, the judicial

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notice of the Montana Supreme Court decisions, and alleged failure to take notice
of the New Jersey court documents. As discussed above, those objections lack
merit.
Plaintiffs' claims against the remaining Defendants are premised in part on
the notion that Linda misled or induced the New Jersey trial judge to enter the
2006 judgments and misappropriated funds from the constructive trust set up by
the New Jersey trial court. (Doc. 9, "56-67.) Plaintiffs' attack on the validity of
the New Jersey judgments is a "de facto appeal" of a state court judgment which is
prohibited by the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1155
(9th Cir. 2003). To the extent Plaintiffs claim that Linda misappropriated funds
from the constructive trust, Plaintiffs ask this Court to resolve an issue already
brought to the attention of the New Jersey trial court. That court refused to
address Edwin Jonas' allegations based on the fugitive disentitlement doctrine.
Plaintiffs' claims of misappropriation are accordingly, "inextricably intertwined"
with issues resolved by the state court decision and this Court is without
jurisdiction to resolve these claims under the Rooker-Feldman doctrine. ld. at
1158. Plaintiffs' challenges to the decision of the Montana Supreme Court in
Jonas v. Jonas, (see Docs. 81 at 38-42,83 at 38-41), are also barred by Rooker­
Feldman as a de facto appeal of a judgment of the state's highest court.
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The remainder of Plaintiffs' claims against the remaining Defendants are
premised on alleged improprieties in obtaining a charging order and appointment
of a receiver in the domestication proceedings in the Montana state courts. As the
Montana Supreme Court noted, however, Edwin Jonas waived multiple
opportunities to challenge the charging order and appointment of a receiver.

Jonas v. Jonas, 308 P.3d 33, 36-37 (Mont. 2013). Hence, those decisions became
the law of the case. Id Federal courts apply the collateral estoppel rules of the
state from which the judgment arose in determining the effect of a state court
judgment. Garrett v. City and County o/San Francisco, 818 F.2d 1515, 1520 (9th
Cir. 1987). Under Montana law, collateral estoppel applies "when the issues are
so intertwined that to decide the issue before it, the Court would have to rehear the
precise issue previously decided." Baltrusch v. Baltrusch, 130 P.3d 1267, 1277
(Mont. 2006) (citation omitted). Plaintiffs' claims against Linda's attorneys would
require rehearing the issues Edwin Jonas brought before the Montana state courts
in the domestication proceedings and his three appeals from those proceedings.
The remaining prongs of collateral estoppel analysis are similarly met. The
Montana state court decisions are final, Jonas was a party to the state court
litigation, and Jonas has not shown he was somehow deprived of the ability to
fully and fairly litigate. McDaniel v. State o/Montana, 208 P.3d 817 (Mont.
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2009). Thus, Plaintiffs' claims against Linda's attorneys are barred by collateral
estoppel.
Plaintiffs' claims are also barred by res judicata. In Montana, res judicata
bars "claims that were or could have been litigated in the first action." Brilz v.
Metro. Gen. Ins. Co., 285 P.3d 494, 500 (Mont. 2012) (citation omitted) (emphasis
in original). Similarly, in New Jersey, res judicata "applies not only to matters
actually determined in an earlier action, but to all relevant matters that could have
been so determined." McNeil v. Legis. Apportionment Commn. o/State, 828 A.2d
840,859 (N.J. 2003) (citation omitted). All of Plaintiffs' claims could have been
addressed in either the Montana courts, or in the New Jersey courts. Therefore,
they are barred by res judicata.
The allegations in Plaintiffs' Complaint against the remaining
Defendants-Linda Jonas, Quentin M. Rhoades, Robert Erickson, Steve Stelling,
and Sullivan, Tabaracci, & Rhoades, P.C.-are barred. Plaintiffs admit that the
finality of the New Jersey judgments is the "keystone" of Judge Lynch's findings
and recommendations on the remaining Defendants' Motions to Dismiss. (Docs.
81 at 38,83 at 37.) Following a sound finding that those judgments are indeed
final, Judge Lynch thoroughly analyzed the preclusive effect of Montana collateral
estoppel and res judicata doctrines and Rooker-Feldman. Dismissal is appropriate
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and will be ordered.

VII. Sanctions
Judge Lynch considered and denied the Plaintiffs' Motion for Sanctions
pursuant to Rule 11 ofthe Federal Rules of Civil Procedure. (Doc. 80 at 43-45.)
Plaintiffs object to Judge Lynch's decision to deny their Motion, arguing sanctions
against Defendant Rhoades are appropriate because of his representation that the
New Jersey judgments are not final. (Docs. 82 at 18-21, 84 at 17-20.) As
discussed supra, such a representation is justified. Plaintiffs' Motions are not
well-taken and were properly rejected by Judge Lynch.
Sanctions may be appropriate against Plaintiffs, however. In the context of
the history of litigation between Edwin Jonas and Linda Jonas, it appears
Plaintiffs' Complaint before this Court is not warranted by existing law and cannot
reasonably be calculated to achieve anything other than harassment, delay, and
costly ligation. At least two of Plaintiffs , objections similarly are not warranted
by existing law and appear to serve no purpose other than to harass, cause
unnecessary delay, or needlessly increase the cost of litigation. Rule 11(c)(3)
states, "On its own, the court may order ... [a] party to show cause why conduct
specifically described in the order has not violated Rule 11(b). The Court will
therefore order Plaintiffs to show cause why his Complaint and Objections do not
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violate Rule 11 (b). Specifically, Plaintiffs must account for their filing of a
Complaint that seeks to relitigate issues and claims already decided before state
courts in Montana and New Jersey. Plaintiffs must also show cause for their
Objections misstatement of the law regarding judicial immunity and representation
that the predicate judgments of the New Jersey courts are not final judgments.
This order to show cause is not an invitation to reargue these matters on the merits.
Rather, Plaintiffs must demonstrate compliance with Rule 11 by showing the
Complaint and Objections were not filed for an improper purpose or frivolous.

VIII. Conclusion
Based on the foregoing, the following is hereby ORDERED:

(1) Judge Lynch's Findings and Recommendations, (Doc. 80), are
ADOPTED IN-FULL. Plaintiffs' Rule 72(b) Objections to Judge
Lynch's Findings and Recommendations, (Docs. 81 and 83), are
DENIED.
(2) Plaintiffs' Rule 72(a) Objections to Judge Lynch's Orders denying
their Motion to Disqualify Counsel, Request for Judicial Notice and
for Hearing, and Motion for Rule 11 Sanctions, (Docs. 82 and 84), are
DENIED.
(3) The Receiver Defendants' Renewed Motion to Dismiss Blacktail
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Mountain Ranch, LLC based on its failure to secure legal counsel,
(Doc. 30), is DENIED AS MOOT.
(4) Defendant Linda Jonas' Motion to Set Aside the Entry of Default,
(Doc. 40), is GRANTED.
(5) The Motion to Dismiss based on civil immunity brought by
Defendants Craig Mungas, James Dormer, Montana Livestock
Auction, Inc., and Gardner Auction Co., Inc., (Doc. 17), is
GRANTED.
(6) Motions to Dismiss based on Rooker-Feldman, collateral estoppel,
and res judicata brought by Defendants Linda Jonas, Quentin M.
Rhoades, Robert Erickson, Steve Stelling, and Sullivan, Tabaracci, &
Rhoades, P.C., (Docs. 21, 33, 73, 75), are GRANTED.
(7) The Motion to Dismiss based on Rooker-Feldman, collateral estoppel,
and res judicata brought by Defendants Craig Mungas, James
Dormer, Montana Livestock Auction, Inc., and Gardner Auction Co.,
Inc., (Doc. 19), is DENIED AS MOOT.
(8) The Plaintiffs shall, within 14 days of the date of this Order, each file
a brief of no more than 10 pages to show cause why the filing of the
Complaint and Objections do not violate Federal Rule of Civil
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Procedure 11(b).

v

DATED this .", day of March, 2014.

\

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