Ann Day Montgomery
How Judge Montgomery decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Readily resolves a case at summary judgment for the defense even after denying an earlier motion to dismiss — surviving the pleadings is no assurance the claim survives the record. In Sari she denied Wells Fargo's MTD, then granted the bank's converted cross-MSJ on the same statute.
“Plaintiff’s Motion for Summary Judgment [Docket No. 24] is DENIED; and, Defendant’s Motion for Summary Judgment is GRANTED.”
Procedural preferences
Applies the Rooker-Feldman doctrine to dismiss with prejudice federal suits that are, in substance, attempts to relitigate or appeal a state-court judgment. Plaintiffs (especially pro se) suing state actors over the outcome of state proceedings face a jurisdictional bar before the merits.
“State of Minnesota’s Motion to Dismiss [Docket No. 21] is GRANTED WITH PREJUDICE”
Cautions
When a magistrate judge's Report & Recommendation recommends dismissal, Montgomery reviews objections de novo but will overrule conclusory objections and adopt the R&R; a pro se plaintiff stacking preliminary-injunction, TRO, and repeated amendment motions on a jurisdictionally barred complaint will see all of them denied together.
“Plaintiff’s motions to file a second amended complaint [Docket Nos. 76, 85] are DENIED.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 4 |
Granted: 4 | counts only |
| Summary judgment N = 2 |
Granted: 1Denied: 1 | counts only |
| Preliminary injunction N = 1 |
Denied: 1 | counts only |
| Motion to amend N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s Motion for Summary Judgment [Docket No. 24] is DENIED”
“Defendant’s Motion for Summary Judgment is GRANTED.”
“State of Minnesota’s Motion to Dismiss [Docket No. 21] is GRANTED WITH PREJUDICE”
“Ramsey County’s Motion to Dismiss [Docket No. 25] is GRANTED WITH PREJUDICE”
“Defendants Judge Martha Holton Dimick and Minnesota Court of Appeals’ motion to dismiss Plaintiff’s First Amended Complaint [Docket No. 52] is GRANTED”
“Defendants Anita Jurevica, Lawrence Crosby, and Jay Olson’s motion to dismiss Plaintiff’s First Amended Complaint [Docket No. 56] is GRANTED”
“Plaintiff’s motions for a preliminary injunction [Docket Nos. 3, 13, 18] are DENIED”
“Plaintiff’s motions to file a second amended complaint [Docket Nos. 76, 85] are DENIED.”
Caseload & timing
From public federal docket records for this judge.
From search_dockets(mnd, assigned_judge='Ann D. Montgomery', 2012-2018 window). Mix of foreclosure/real-property, § 1983 civil-rights, employment (Chipotle, Wal-Mart), plus a heavy load of criminal cases and miscellaneous 'mc' matters (NLRB enforcement, qui tam, civil forfeiture). Took senior status May 31, 2016, so post-2016 new assignments taper.