Ann Day Montgomery
How Judge Montgomery rules, drawn from 4 signed orders. Every observation links to the order it came from.
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.”
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.”
“Defendants Daniel Puls, Cheryl Puls, and Alissa Puls' Motion for Attorney Fees [Docket No. 63] is DENIED.”
Caseload & timing
From public federal docket records for this judge.
From the docket records. 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.
Draft for Judge Montgomery with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Montgomery, and what has not, cited to the signed orders.
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