Sectec Astronomy

Introduction

"Sectec Astronomy"

A Timeline of Dennis L. Montgomery Litigation and Related Events.*

1950s | 1960s | 1970s | 1980s | 1990s

2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009

2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017

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This is a "working draft" of a timeline summarizing litigation in which Dennis Montgomery has been a party - as well as events relating to that litigation.  

Important.  Given the sheer volume of  material, this timeline is far from complete.  Additional information is added on a regular basis as more materials are reviewed.  Additionally, existing text is clarified and corrected as additional materials are reviewed and/or as errors are discovered.

Your feedback, suggested additions and/or corrections are very welcome, so please feel free to provide suggestions in the comments.   Note that while comments will not be published (this is intended to serve as a factual resource, not a forum), every single comment will be reviewed and addressed, as appropriate.  

 

*Why the title?
Sectec Astronomy <[email protected]> is one of Dennis Montgomery's various emails. See, e.g., Montgomery v Risen et al, ECF 40-1 at 19 ¶ 54, 44-51 (S.D. Fla. Apr. 27, 2015). See also Sneakers - The Movie (Wikipedia) (re: Setec Astronomy).  

Updates to Dennis Montgomery Timeline - Mar. 30, 2017

General Status of Pending Litigation:

See below for a chart summarizing status of (known) pending litigation.

Criminal Case (Nevada).  Still Pending.	At the Dec. 5, 2016 status conference, the Court yet again continued the matter but, per minutes, "noted this is the last continuance and counsel needs to work out a deal or a plea in absentia."  Next hearing was set for Mar. 6, 2017.  Minutes from that hearing not yet published.
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Montgomery v. Risen (D.D.C).    Dismissed; currently on appeal.	Case was dismissed on July 15, 2016.  Montgomery appealed. (D.C. Ct. App. No. 16-7096).  Montgomery filed his opening brief on Jan. 27, 2017; Defendant-Appellants filed their answering brief on Mar. 27, 2017.
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Melendres v. Arpaio (D. Ariz.).   All Montgomery appeals dismissed/denied.	On Nov. 8, 2016, in response to Montgomery's 9th Circuit Petition for Writ of Mandamus (see below), Judge Snow issued a "Supplemental Order in Response to Mr. Montgomery’s Petition for Writ of Mandamus," explaining in detail why the petition was meritless.
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Melendres - Montgomery Appeals (9th Circuit, Nos. 15-16440 and 15-16626).  Dismissed	The consolidated appeals were dismissed on Sept. 27, 2016.
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Montgomery Petition for Writ of Mandamus (9th Cir. No. 16-7233). Denied	Montgomery filed a petition for writ of mandamus seeking Judge Snow's removal on Oct. 4, 2016.  It was denied on Dec. 9, 2016.
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Montgomery v. Penumbra et al.  Pending; trial set for Oct. 2017.	(Product liability/negligence case filed on Feb. 19, 2016 by Montgomery in Washington state court against (among others) the makers of a medical device used during his 2013 brain surgery.)   On Nov. 6, 2016, the Court continued trial in this matter until Oct. 30, 2017 and reset the case schedule accordingly.
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Recent Timeline updates include:

Updated timeline to reflect recent/relevant docket entries in cases noted above. 

 

Updates to Dennis Montgomery Timeline - July 15, 2016

General Status of Pending Litigation:

Criminal Case (Nevada).	Nothing new in since May 11, 2016.  Next hearing is scheduled for August 10, 2016.
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Montgomery v. Risen (D.D.C).	Case was dismissed on July 15, 2016.
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Melendres v. Arpaio (D. Ariz.).	Nothing new directly relating to Montgomery since May 13, 2016, when Judge Snow issued the 162-page Findings of Fact, which addressed multiple aspects of the Montgomery/Seattle Operation   See WYE Timeline - May 13, 2016 for more details on the Findings of Fact as a whole.
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Melendres - Montgomery Appeals (9th Circuit, Nos. 15-16440 and 15-16626).	Oral Argument re: these consolidated appeals is currently scheduled to occur on Wednesday, September 14, 2016 at 09:30 A.M. (Each side gets 15 minutes.)
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Montgomery v. Penumbra et al.	(Product liability/negligence case filed on Feb. 19 by Montgomery in Washington state court against (among others) the makers of a medical device used during his 2013 brain surgery.)   Montgomery filed an amended complaint (and corrected amended complaint) on June 13. Defendant Overlake Hospital filed motion for summary judgement on June 17, which other defendants joined on July 5 and a hearing on the motion was held July 15.
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Recent Timeline updates include:

Updated timeline to reflect recent/relevant docket entries in cases noted above. 

 

Updates to Dennis Montgomery Timeline - June 2, 2016

General Status of Pending Litigation:

Criminal Case (Nevada).  Another hearing was held on May 11 and, once again the matter was continued pursuant to defense counsel's representation that Montgomery lives in Washington and per doctor's note, can't travel due to strokes.  See May 11, 2016.  Next hearing is scheduled for August 10, 2016.

 

Montgomery v. Risen (D.D.C).   No change since March 22 update - case is still pending in D.C. Federal District Court. Multiple motions remain pending.

 

Melendres v. Arpaio (D. Ariz.).  On May 13, Judge Snow issued a 162-page Findings of Fact, which included some details regarding Montgomery's involvement in the Arpaio-MCSO-Cold Case Posse "Seattle Operation."  

See May 13, 2016 for more Montgomery/Seattle Operation-related details.  

See WYE Timeline - May 13, 2016 for more details on the Findings of Fact as a whole.

 

Melendres - Montgomery Appeals (Ninth Circuit, Nos. 15-16440 and 15-16626).  Briefing is complete and, on May 27, the Ninth Circuit granted Montgomery's request to expedite consideration of the appeal. Per May 31 notice, the matter is under consideration for the September 2016 San Francisco oral argument calendar. 

 

Montgomery v. Penumbra et al.   This is a recently-discovered product liability/negligence case filed on Feb. 19 by Montgomery in Washington state court against (among others) the makers of a medical device used during his 2013 brain surgery.  On May 16, the court granted defendants' motion to dismiss several of the claims.

 

Recent Timeline updates include:

Updated timeline to reflect recent/relevant docket entries in cases noted above. 

Updates to Dennis Montgomery Timeline - Mar. 22, 2016

General Status of Pending Litigation:

Criminal Case  

Another hearing was held in February - and the case was again continued pursuant to defense counsel's representation that Montgomery lives in Washington and per doctor's note, can't travel due to strokes.  See Feb. 10, 2016.

Montgomery v. Risen   

The case is proceeding in the District of Columbia Federal District Court, after Judge Martinez (S.D. Fla.) granted Defendants' motion to transfer on Jan. 25, 2016.

Pending Motions.  Judge Contreras has issued an order that he will "review and resolve the pending dispositive motions before conducting any further proceedings in this case."  See Mar. 7, 2016.  Pending dispositive motions include:

• Defendants' 12(b)(6) Motion to Dismiss -- ECF 52 et seq, filed May 15, 2015 in S.D. Fla.

• Defendants' Motion for Sanctions for violation of three court orders (re: production of software) and for spoilation of the software evidence -- ECF 166 et seq, filed Oct. 28, 2015 in S.D. Fla.

• Defendants' Motion for Summary Judgment -- ECF 201 et seq, filed Dec. 14, 2015 in S.D. Fla.

Multiple nondispostive motions remain pending as well.  See Feb. 3 (order requiring status report and listing 12 pending motions); Feb. 17 Joint Status Report (listing pending motions).

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Discovery.  Although discovery closed in late 2016, information from discovery requests issued prior to that closure has been provided recently, including:

Defendants have deposed Istvan Burgyan (Montgomery's Son-in-Law). See Mar. 1, 2016.

The Air Force has responded to Defendants' discovery requests:  

• It does not have Montgomery's software.  

• It has located "records relating to its efforts to validate Montgomery's software in early 2009 pursuant to a contract with Blxware.  While the Air Force attempted to conduct a validation of Montgomery's software, it was not able to execute that validation because Blxware failed to provide a copy of the software."

• Those records are currently undergoing  "a review to determine if any portion of them can be disclosed to document that Blxware did not provide a copy of the software pursuant to the contract."

See Mar.22, 2016.

Recent Timeline updates include:

Updated all docket activity in Montgomery v. Risen and the Criminal Case through Mar. 22, 2016.

Updates to Dennis Montgomery Timeline - Jan. 29, 2016

Recent updates include:

• Added Montgomery v. Risen litigation events from this week.  

• Added Istvan Burgyan Discovery Proceedings (W.D.Wash) litigation events from this week.  

The most significant event this week was that Florida Federal District Judge Martinez granted defendants' motion to transfer on Jan. 25.  The case is now being heard by Judge Rudolph Contreras in D.C.

Updates to Dennis Montgomery Timeline - Jan. 15, 2016

Recent updates include:

• 2015 litigation events though December added.

• New 2016 page and recent litigation events added (mostly related to Montgomery v. Risen).

• 2016 added to the dropdown menu.

• Cases by Date updated (reflecting cases now closed, including the Montgomery v. IRS matter, which was dismissed Jan. 14, 2016).

• Dennis Montgomery Under Oath updated to add links to Montgomery's Aug. 20, 2015 deposition transcript and his Jan. 13, 2016 "Third Declaration." 

Updates to Dennis Montgomery Timeline (Oct. 26, 2015)

Recent updates include:

• Adding new events in the Montgomery v. Risen litigation (from Sept. 24 through Oct. 26).

• Minor editing for typos and clarification.

IMPORTANT NOTE 

Testimony and exhibits in the Melendres proceedings have revealed a substantial amount of additional information regarding the Seattle Operation.  

This information is currently being incorporated first in the WYE Timeline - in 2013, 2014 and 2015. The "new information is clearly marked as follows:

★  - Testimony and exhibits actually admitted in the proceedings) and/or a 

📄 - Seattle Operation related documents identified by Plaintiffs as potential exhibits in the proceedings.

The Seattle Operation information will be incorporated into this timeline in the near future (as time permits) but, in the meantime, if you seek additional information specifically the Seattle Operation, please see the WYE Timeline - beginning at Oct. 18, 2013 and through 2015.

Updates to Dennis Montgomery Timeline (Week of Sept 20-26)

Updates this week include:

• Added new relevant docket entries this week from Sept. 21 thru Sept. 24 (6 PM EDT). 

• Added information revealed in Deposition Transcripts submitted by Melendres Plaintiffs (ECF 1365), primarily relating to a Jan. 2, 2014 meeting about the Seattle Operation (and events shortly thereafter), although a additional information re: Late October/Early November 2013 and May 2014 events were also added and/or expanded to include new information.

• Added information re: Klayman/Montgomery's alleged meeting with Judge Royce Lamberth and FBI officials (October 2014 and thereafter) based on Aug. 21 Risen hearing transcript.

• Completed addition of Montgomery v. IRS docket entries from inception of case (April 2009).

 

Note:  There likely will be no - or at most, very few - further updates to this timeline until Oct. 8th, due to out-of-town travel.  I know it's bad timing, given that the evidentiary hearings have recommenced, but its unavoidable.

Updates to Dennis Montgomery Timeline

Week of Sept. 14-18 Updates:

• Added "Under Oath" - a listing of currently known instances where Dennis Montgomery has testified (or signed declarations) under oath.  This page will be supplemented in the near future with details regarding topics covered in each instance, as well as notes re: same.

• Added Friendly Capital Litigation information from Apr. 23, 2007 (date lawsuit filed) through Feb. 2008.

• Added detail re: Montgomery's June 10 and Aug. 18, 2008 testimony regarding possession of eTreppid property and possession of classified materials in light of 2006 testimony that he had neither.  (This info was already included in prior posts on the subjects at issue, but is now included on actual date of testimony as well.)

• Clarified known terms of the Montgomery-eTreppid settlement and added additional information about the Montgomery Parties' breach of the terms of the settlement. See, e.g., Sept. 23, 2008 and, generally, Nov. 18, 2008 through the end of the year.

• Added some additional detail regarding the Montgomery v. eTreppid Spring 2008 discovery disputes that resulted in the two Order to Show Cause hearings. 

• Added new content re: activity this week (Sept. 2015).

Cases By Date, More Content

Updates:

• Added a "Cases By Date" page, to provide a listing of cases (including some potentially related cases) based on date filed.  This summary timeline includes a number of cases for which information beyond the case number and litigants is not currently available.  If and when such information becomes available, it will be added to the full timeline.

• Tweaked the Navigation Bar for (hopefully) easier navigation, including drop-down menus. 

• Added and/or clarified some content and corrected some typos. 

Going Live

While this timeline is far from complete, it's going live today with the current draft.  Going forward, will post updates re: significant additions and/or modifications to the timeline.