Last Updated: Sept. 22, 2015
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January 2009
According to the Trustee in Montgomery's bankruptcy proceedings, Montgomery receives $500,000 in compensation, and $100,000 for expenses from Blxware, Inc. in January 2009. See In re Dennis Lee Montgomery et al, No. 2:10-bk-18510-BB, ECF 89 at 19.
Jan. 5, 2009
Montgomery v. eTreppid. Montgomery files:
- Opposition to Flynn’s, Dec. 18, 2008 Motion to Certify Judgment (ECF 923) and Objection to the Flynn Affidavit filed in support of same (ECF 924).
- Emergency Motion for Permission to Cross-Examine Michael Flynn re Declaration of Michael Flynn in Support of Motion to Certify Judgment. ECF 925.
Jan. 6, 2009
Montgomery v. eTreppid. Flynn files a Reply in Support of his Dec. 18, 2008 Motion to Certify Judgment. ECF 926 (Reply); ECF 927 (Flynn Declaration filed Jan. 7, in support of Reply).
Jan. 7, 2009
Montgomery v. eTreppid. Montgomery files Supplemental Response to Flynn’s Dec. 18, 2008 Motion to Certify Judgment. ECF 929 (Response); ECF 930 (Garofalo Declaration); ECF 931 (Blixseth Declaration).
Jan. 8, 2009
Montgomery v. eTreppid. Montgomery files Opposition to Flynn’s Dec. 21, 2008 Motion to Compel Discovery. ECF 932.
Magistrate Judge Cooke presides over the scheduled settlement conference. Minutes of Proceedings (ECF 933); Transcript (ECF 980). Per the Minutes of Proceedings: “The parties advise the Court that an agreement has been negotiated with respect to the Law Firm of Logar and Pulver. The terms of the agreement are stated for the record. Mr. Logar shall file a judgement for the District Court's consideration no later than Friday, January 16, 2009. With respect to the claim concerning Michael Flynn, Esq., the parties advise the Court they have not been able to negotiate settlement at this time.” ECF 933.
Jan. 13, 2009
Montgomery v. eTreppid. Ronald Logar files Proposed Order re: his Nov. 10, 2008 Motion to Adjudicate and Enforce Statutory Attorney's Lien (to address settlement). ECF 934.
Flynn apparently files, under seal, a Motion for Sanctions for Violation of the Nov. 25, 2008 Settlement Order. ECF 936 (not on docket but later referenced in May 4 order.)
Magistrate Judge Cooke issues an order as follows: “On January 13, 2009, the court has received an in camera motion from Michael Flynn entitled "Motion of Michael Flynn for Sanctions Violations of the Settlement Order." The Clerk of the Court is ordered to FILE this motion under seal. Mr. Flynn shall make arrangements for a copy of this motion to be personally served on either Ellyn Garafalo or Randall Sunshine only. The opposition and reply to this motion shall be filed under seal and shall be personally served on opposing counsel only. The parties and counsel are cautioned not to disseminate the contents of this motion or its opposition and reply to any other person or entities.” ECF 935.
Montgomery files Notice of Appeal of the Court’s Dec. 16, 2008 Judgement entered in favor of Flynn. ECF 937.
Jan. 14, 2009
Blxware enters into a 90-day contract with a U.S. Government agency. This contract "does not exceed" $3 million and "provides in part for limited consulting services from Dennis Montgomery ... employee [of Blixware]. Montgomery v. eTreppid, ECF 1011 at 2 (Montgomery Stipulation). The contract will terminate on April 15, 2009, "unless otherwise extended 45 (forty-five) days to May 30, 2009, to permit certain performance by [Montgomery and Blxware]." Id.
According a later court filing by the United States, this contract was "for purposes of evaluating “video compression and anomaly detection and tracking” software, developed by Mr. Montgomery, that reportedly “would enable the advanced processing and exploitation of multi-media files.” Exh. 4 § 1.0. Blxware’s work under the contract terminated in mid-2009." See Klayman v. Obama, ECF 132 at 2, n.1.
Jan. 15, 2009
Montgomery v. eTreppid. AO 121 Form (Report on the filing or determination of an action or appeal regarding a copyright mailed to Register of Copyrights with a copy of the Court’s Dec. 16, 2008 Judgement entered in favor of Flynn) is docketed. ECF 940. This form lists the following copyrights registrations: TXu-98-018, TXu-98-699, TXu-98-727, TXu-98-728, TXu-98-731, TXu-117-868, TXu-119-540, TX-1-983-147, TX-1-992-867, TX-2-000-234, TX-2-083-750 and TX-2-095-009 (the “Copyrights”).
Flynn files a Response to Montgomery’s Jan. 5 Emergency Motion for Permission to Cross-Examine Michael Flynn. ECF 941
Jan. 20, 2009
Montgomery v. eTreppid. Flynn files an Response to Montgomery’s Jan. 5 Emergency and Motion to Strike, which contains a This document apparently includes a motion to require Montgomery to file a supersedeas bond. ECF 943.
Jan. 22, 2009
Montgomery v. eTreppid. Montgomery files Reply in Support of the Jan. 5 Emergency Motion to Cross-Examine Flynn. ECF 944.
Flynn files Reply in Support of his Dec. 21, 2008 Motion to Compel Motion to Compel. ECF 945.
February 2009
Montgomery receives "multiple checks from [Blxware] in the aggregate amount of approximately $600,000." Montgomery v. eTreppid ECF 1086 (Montgomery Declaration). Montgomery withdraws all that money from his account via a series of cashiers checks. Id.
February-March 2009
According to a letter written by the Trustee in Montgomery’s bankruptcy proceedings, Montgomery makes a number of substantial withdrawals from one of his bank accounts:
- Feb. 3
- Counter Credit $100,000.00
- Counter Credit $147,832.41
- Counter Credit $344,521.10
- Counter Withdrawal $300,000.00
- Feb. 17 - Counter Withdrawal $30,000.00
- Mar. 4 - Check 1052 $195,000.00
- Mar. 2 - Counter Withdrawal $25,007.00.
See In re Dennis Lee Montgomery et al, No. 2:10-bk-18510-BB, ECF 89 at 19 (C.D. Cal. Bankr. Feb. 25, 2010).
Feb. 1, 2009
Montgomery v. eTreppid. Flynn files Transcript Designations per Montgomery’s Notice of Appeal. ECF 949.
Feb. 3, 2009
Montgomery v. eTreppid. Judge Pro issues an order that “There having been no opposition filed,” eTreppid’s Dec. 29, 2008 Motion for Relief in Aid of Execution 914 is granted. ECF 950 (text only entry).
Montgomery files Reply in Support of the Jan. 5 Evidentiary Objections and Motion to Strike. ECF 951.
Feb. 4, 2009
Montgomery v. eTreppid. Judge Pro issues an order addressing multiple pending Flynn-Montgomery motions. This order
- grants Flynn’s Dec. 18, 2008 Motion to Certify the Dec. 16 Judgment in the amount of $628,812.15;
- grants Montgomery’s Jan. 5 Motion to Strike in that the Flynn Declaration is stricken as “unnecessary and collateral to his Motion to Certify;”
- denies Montgomery’s Jan. 5 Emergency Motion to Cross-examine Flynn; and
- denies Flynn’s Jan. 20 Motion to require Montgomery to file a supersedeas bond.
ECF 954.
Feb. 5, 2009
A U.S. Government agency transfers $2 million to Blxware in satisfaction of one of two invoices submitted for work pursuant to the Jan. 14 contract. Montgomery v. eTreppid, ECF 1011 at 3.
Feb. 12, 2009
Montgomery v. eTreppid. Montgomery files:
- Transcript Designation for the appeal. ECF 956.
- Objection to Flynn’s Feb. 1 Transcript Designations (for designated materials from the Search Case). ECF 957.
Feb. 18, 2009
Montgomery v. eTreppid. Judge Pro issues Order on Stipulation and Dismissal with Prejudice eTreppid’s Claims against Atigeo and Sandoval. ECF 959.
Judge Pro also issues Judgement “in favor of Logar Pulver, PC, and against [Dennis Montgomery et al], jointly and severally, in the amount of $107,316.69. That amount of the judgment shall carry interest at the lawful rate from the date this Judgment is entered until both principal and interest has been paid in full.” ECF 961.
Feb. 19, 2009
Montgomery v. eTreppid. Flynn files Opposition to Montgomery’s Feb. 12 Objections to his Feb. 1 Transcript Designation, in which he asks for sanctions. ECF 958.
Montgomery v. eTreppid | eTreppid v. Montgomery. Judge Pro issues order dismissing, with prejudice, the eTreppid-Montgomery litigation:
“Based on the Stipulation of the Parties, and for good cause shown, it is hereby ordered that:
1. All claims asserted in [Montgomery v. eTreppid and eTreppid v. Montgomery] (the “Lawsuit”) by Dennis Montgomery and the Montgomery Family Trust (collectively, the “Montgomery Parties”) against eTreppid Technologies, LLC and Warren Trepp (collectively, the “eTreppid Parties”) are dismissed with prejudice.
2. All counter-claims asserted by eTreppid Technologies, LLC in the Lawsuit against the Montgomery Parties, Edra Blixseth, and Opspring, LLC are dismissed with prejudice.
3. Notwithstanding the above referenced dismissals with prejudice, the Court shall retain jurisdiction over the following: (1) Michael Flynn’s (“Flynn”) motion to establish procedures to comply with Nevada Rules of Professional Conduct 3.3(a)(3) and (b) (Doc. #540); (2) Flynn’s motion for sanctions (Doc. #545); (3) the terms of the United States Protective Order (Doc. #252, #253); and (4) enforcement of the confidentiality and non-disparagement provision of the Parties’ Settlement Agreement.
4. The terms of the Parties’ Settlement Agreement shall remain confidential.
5. Flynn’s Motion to Retain Jurisdiction, Prevent Spoliation of Evidence, Enforce Existing Orders, and Enter a Judgment that Includes All Fees and Costs Awarded to Former Counsel (Doc. #860) is hereby GRANTED to the extent the Court retains jurisdiction over the above listed matters. The motion is denied in all other respects.”
Montgomery v. eTreppid ECF 962; eTreppid v. Montgomery ECF 100.
Feb. 20, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues
- Order denying as moot Roger Logar’s Nov. 10, 2008 motion to adjudicate and enforce statutory lien. ECF 963.
- Order (ECF 964) denying as moot
- eTreppid’s May 27, 2008 Motion for Discovery Sanctions (i.e., the motion that led to the 5-day evidentiary hearing immediately preceding the parties’ request for settlement conference);
- Montgomery’s June 19, 2008 Motion to Compel Compliance with Jan 22 Order; and
- Montgomery’s July 25, 2008 Motion to Appoint Special Master.
- Order denying as moot Flynn’s Apr. 18, 2008 Motion to Establish Procedures to Comply with Nevada Rules of Professional Conduct 3.3(a)(3) and (b). ECF 965.
Feb. 23, 2009
eTreppid serves a Request for Production of Documents on Montgomery and on the Montgomery Trust in connection with its efforts to collect on the Judgments entered per the parties' settlement agreement. (Per Apr. 9 Motion to Compel, Montgomery v. eTreppid ECF 1004.)
Feb. 25, 2009
According to exhibits filed with a later complaint, Caesar's Palace presents for payment the nine credit instruments/checks that Montgomery signed on Sept. 27, 2008 to obtain a $1,000,000 line of gambling credit. See Desert Palace v. Montgomery, ECF 1.
Montgomery v. eTreppid. Magistrate Judge Cooke issues order granting in part and denying in part Flynn’s Dec. 21, 2008 Motion to Compel Discovery and for Debtors Examination. (She grants the motion but narrows the scope of discovery and orders parties to meet and confer with each other and with the United States for purposes of submitting a stipulated protective order.) ECF 968.
Feb. 27, 2009
According to exhibits filed with a later complaint, the nine credit instrument/checks Montgomery signed in Sept. 27, 2008 to obtain a $1,000,000 line of gambling credit at Ceasar's Palace are returned for nonpayment (because Montgomery stopped payment on them). See Desert Palace v. Montgomery, ECF 1.
March 2009
Per Montgomery, following Blixware’s collapse, Burgyan (Montgomery’s son-in-law) creates Demaratech LLC and hires Montgomery to manage information technology and software development. See Atigeo Litigation ECF 63 (Montgomery Declaration) ¶ 8.
Mar. 2, 2009
Montgomery v. eTreppid. Montgomery files a Reply in Support of the Feb. 12 Objection to Flynn’s Transcript Designations. ECF 970.
Mar. 6, 2009
Montgomery v. eTreppid. eTreppid files emergency motions to amend/correct the name of judgment debtor on the Dec. 11, 2008 Judgments (and motion for order shortening time). ECF 971, ECF 972.
Mar. 8, 2009
Montgomery v. eTreppid. Judge Pro issues order granting eTreppid’s Mar. 6 motions for order shortening time. ECF 973, ECF 974 (Text entry only).
Mar. 12, 2009
Montgomery v. eTreppid. eTreppid files “Addendums” to its Mar. 6 motions to correct name of judgment debtor. ECF 975, ECF 976.
Mar. 16, 2009
Montgomery v. eTreppid. Montgomery submits Proposed Order - Stipulated Protective Order in response to Magistrate Judge Cooke’s Feb. 25 order. ECF 977.
Mar. 17, 2009
Montgomery v. eTreppid. The United States files a Motion to Extend Time, in which it requests a three-week extension of the due date (set Nov. 19, 2008) for the government to complete its four-month review of the Montgomery files (in connection with Flynn filings). ECF 978; see also ECF 982 (Mar. 18 order granting motion).
Judge Pro issues orders granting eTreppid’s Mar. 6 emergency motions to correct name of judgment debtor. ECF 979, ECF 980.
Mar. 20, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues Protective Order (as stipulated per Mar. 16 filing). ECF 983.
Mar. 23, 2009
Montgomery v. eTreppid. Judge Pro issues an order:
- denying Montgomery’s Feb. 12 Objections to Flynn’s Designation of Transcripts and ordering Montgomery to bear cost of preparing the designated materials because, “[a]lthough the transcripts and minutes of the proceedings specified by Interested Party/Appellee from [the Search Case] were not lodged with the Court in [these proceedings], [the Search Case] proceedings in several respects were intertwined with the proceedings which occurred in the matter now on appeal herein; and
- denying Flynn’s Feb. 19 request for sanctions against Montgomery for its objection.
ECF 984.
Mar. 26, 2009
Edra Blixseth files a voluntary Chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Montana. Montgomery v. eTreppid ECF 1013 (Garofolo Declaration).
Mar. 30, 2009
Montgomery (and the Montgomery Family Trust) serves responses to eTreppid's Feb. 23 RFPs. (Per Apr. 9 Motion to Compel, Montgomery v. eTreppid ECF 1004.)
Mar. 31, 2009
Montgomery v eTreppid. Magistrate Judge Cooke issues a 54-page opinion and order granting sanctions against Montgomery for committing perjury and against his counsel.
With respect to Montgomery:
“[T]he court concludes that Mr. Montgomery’s September 2007 declaration contained untrue statements, which he knew were untrue, and that this declaration was filed in bad faith and for the improper purposes of attempting to manipulate these proceedings, to gain a tactical advantage, to harass Mr. Flynn, his former counsel, and to subvert orders of this court.”
ECF 985 at 1-2.
“The court finds there is clear and convincing evidence that Mr. Montgomery committed perjury when he signed the September 10, 2007 declaration, and that he signed the declaration in bad faith, vexatiously, wantonly, and for oppressive reasons.”
ECF 985 at 9. Judge Cooke also issues strong sanctions against Deborah Klar and Teri Pham:
“The court concludes that the conduct of the Liner firm and its attorneys, Ms. Klar and Ms. Pham, was willfully reckless, intended to harass, done for an improper purpose, and was suffused with bad faith. The court also concludes that Ms. Klar and Ms. Pham unreasonably and vexatiously multiplied these proceedings, which resulted in an increased cost to Mr. Flynn, and that their conduct was in contempt of this court’s orders.”
ECF 985 at 1-2. With respect to the Liner Firm, Judge Cooke found:
"The Liner firm also bears responsibility for what occurred in this proceeding. Ms. Klar utilized the Liner firm’s substantial resources to engage in the litigation misconduct described herein, and she was not the only attorney who signed misleading pleadings and ignored repeated orders of this court. . . . Ms. Klar was allowed to operate in the Liner firm unchecked and unquestioned, and this conclusion is supported by her pattern of sanctionable conduct that ensued long after the fall of 2007. It was not until matters came to a head in the summer of 2008 that senior partners finally stepped in to this case. The court finds that the Liner firm acquiesced to or willingly carried out Ms. Klar’s litigation strategy; therefore, sanctions against the Liner firm are warranted pursuant to 28 U.S.C."
The District Court will affirm the sanction as to Montgomery on April 10, 2010, but overturn the sanctions against counsel on the grounds that the Order to Show Cause did not provide adequate notice of the charges against counsel. Flynn will appeal that decision, but while the case is pending on appeal, he will settle with Klar/Liner. See xxx.
Magistrate Judge Cooke also issues an order:
- denying as moot Sandoval’s May 8, 2008 request for judicial notice (re opposition to motion for sanctions);
- denying eTreppid’s May 27, 2008 Motion to Strike Montgomery's response to Flynn's motion for Sanctions;
- denying Montgomery’s June 6, 2008 Motion to Strike the declaration of Michael Flynn;
- granting Montgomery’s Dec. 31, 2008 Motion to Seal the declaration of Ellyn Garofalo.
ECF 986.
Apr. 1, 2009
eTreppid sends meet and confer letter to Montgomery and his Trust re: deficiencies in their Mar. 30 responses to eTreppid’s Feb. 23 RFP. (Per Montgomery v. eTreppid ECF 1004.)
Apr. 6, 2009
The U.S. Government agency transfers $500,000 to Blxware per the second (of two) invoices submitted by Blxware pursuant to the Jan. 14 contract. Montgomery v. eTreppid, ECF 1011 at 3.
Montgomery v. eTreppid. Teri Pham files motion for extension of time to file objections to the Mar. 31 Sanctions Order. ECF 987 (Motion); ECF 988 (Emergency motion to Expedite Time to Respond).
Deborah Klar also files emergency motion for extension of time to file objections (and motion for order shortening time). ECF 989, ECF 990.
Apr. 7, 2009
Montgomery v. eTreppid. Flynn files a Response to Pham and Klar’s motions for extension of time, agreeing to a one-week extension but not to a one-month extension. ECF 991.
Judge Pro issues orders granting the motions by Pham and Klar for expedited briefing. ECF 992, ECF 993.
Montgomery files Emergency Motion to Extend Time to file objections to the Mar. 31 Sanctions Order. ECF 994 (Motion); ECF 995 (Garrell Declaration).
Klar files Reply in Support of her Apr. 6 Emergency Motion to Extend time. ECF 996.
Apr. 8, 2009
Montgomery v. eTreppid. Montgomery et al files “Stipulation and Order re Sealed Documents.” ECF 997.
Apr. 9, 2009
Montgomery v. eTreppid. Judge Pro issues two orders:
- Order setting May 11 as deadline for objections to the Mar. 31 Sanctions Order and staying that order pending resolution of any objections. ECF 1003 (Text entry).
- Order on Stipulation (re: Montgomery’s Apr. 8 Stipulation). ECF 1000.
Montgomery files Notice of Errata re: his Apr. 7 Motion. ECF 1001.
eTreppid files Motion to Compel Production of Documents. ECF 1004 (Motion); ECF 1005 (Snyder Declaration w/ exhibits). eTreppid seeks an order (a) requiring Montgomery to produce requested requested documents immediately; (b) requiring Montgomery to appear before the Magistrate for a Judgment Debtor’s exam; and (c) “pursuant to Fed. R. Civ. P. 37 and the terms of the settlement agreement,” require Montgomery to pay all attorney’s fees that eTreppid has incurred in the course of enforcing these judgments.” ECF 1004 at 3.
Apr. 13, 2009
Montgomery v. eTreppid. eTreppid files Notice of Conditionally Filing under Seal Etreppid's and Trepp's Emergency Request to Take Judgment Debtor's Exam; Motion for Judgment and Order Compelling Compliance with Settlement Agreement; Motion to File under Seal; Request for Order Shortening Time (Filed Conditionally Under Seal). ECF 1006.
Apr. 14, 2009
Montgomery v. IRS. Montgomery files a petition against the IRS in U.S. Tax Court. See Montgomery v. IRS, No. 009008-09 Docket (showing petition and request for trial in Los Angeles filed Apr. 14, 2009).
Apr. 16, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order: that upon "scheduling a hearing on eTreppid’s and Trepp’s emergency request to take judgment debtor’s exam; motion for judgment and order compelling compliance with settlement agreement; motion to file under seal; request for order shortening time (#1007), the Court was advised that government counsel has concerns about scheduling a hearing on this motion. THEREFORE, IT IS ORDERED that a telephonic hearing to address the government’s concerns is set for Monday, April 20, 2009 at 9:30 a.m. P.D.T. …” ECF 1009
Apr. 17, 2009
Montgomery v. eTreppid. Flynn files a Motion for Sanctions against Montgomery for failing to comply with Magistrate Judge Cook’s Feb. 25 order. ECF 1010. (This motion will be withdrawn on Apr. 30.)
Montgomery files a “Joint Stipulation of Fact,” apparently in response to eTreppid’s Motion to Compel, revealing some details regarding a Blxware-US Government Agency Contract. ECF 1011.
Apr. 20, 2009
Montgomery v. eTreppid. Montgomery files Opposition to Flynn’s Apr. 17 Motion for Sanctions and a Request for Sanctions against Flynn. ECF 1016 (Opposition); ECF 1017 (Garofalo Declaration).
Flynn files Notice of Withdrawal of his Apr. 17 motion, on basis that he mistakenly calendared Montgomery’s due date (but in reality, compliance was not yet due, as Montgomery’s earlier Opposition pointed out). ECF 1018.
Magistrate Judge Cooke presides over a "sealed hearing to consider matters relating to post-judgment proceedings." See ECF 1054 (Order referencing prior hearing).
Apr. 22, 2009
Montgomery v. eTreppid. Attorney Mark Gunderson files motion to withdrawal as counsel to Montgomery, Blixseth, and OpSpring, apparently due to their failure to pay for services. ECF 1022; see also eTreppid v. Montgomery, ECF 97 (same motion in companion case); ECF 1025 (order granting motion).
Apr. 24, 2009
Montgomery v. eTreppid. Teri Pham files Stipulation and Proposed Order regarding Sealed Documents (enabling her counsel to have access to sealed docs for purposes of defending her/objecting to the Mar. 31 Sanctions Order). ECF 1024.
Apr. 29, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues Order on Pham’s Apr. 24 Stipulation re: Sealed Documents. ECF 1026.
Apr. 30, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues two orders:
- Order requiring eTreppid to advise court by May 6 whether they wish to proceed on their Apr. 9 Motion to Compel or whether they wish to withdraw the motion. ECF 1027.
- Order granting Flynn’s Apr. 20 motion to withdraw his Apr. 17 motion. ECF 1028.
May 2009
The Air Force reportedly cancels Blixwares' contract [that Montgomery allegedly worked on] because it had failed to meet its expectations. See Eric Lichtblau and James Risen. "Hiding Details of Dubious Deal, U.S. Invokes National Security," New York Times, Feb. 19, 2011.
May 4, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order:
- denying Flynn’s Jan. 13 Motion for Sanctions for violation of Nov. 25, 2008 order (filed under seal);
- granting Montgomery’s Motion to Strike and Evidentiary Objections to Flynn Declaration filed in support of his Reply on the motion.
ECF 1029.
May 6, 2009
Montgomery v. eTreppid. eTreppid files a notice that it wishes to proceed with its Apr. 9 motion to compel. ECF 1030.
May 7, 2009
Montgomery v. eTreppid. A USM-285 Return of Writ of Execution is docketed. ECF 1034.
May 11, 2009
Montgomery v. eTreppid. The parties subject to the Mar. 31 Sanctions Order file their objections:
Montgomery – ECF 1037 (Objection); ECF 1038 (Garofalo Declaration).
Deborah Klar – ECF 1042 (Objection); ECF 1043 (Klar Declaration)
Teri Pham – ECF 1040 (Objection); ECF 1039 (Motion to File Objection under Seal); see also ECF 1051 (Notice of Errata).
Liner Grode – ECF 1035 (Objection); ECF 1036 (Garofalo Declaration).
May 13, 2009
Montgomery v. eTreppid. Flynn files motion for extension of time to respond to the parties’ May 11 objections to the Mar. 31 Sanction Order. ECF 1047.
May 14, 2009
Montgomery v. eTreppid. Judge Pro issues order granting Flynn until June 25 to respond to the parties’ May 11 objections to the Mar. 31 Sanction Order. ECF 1048.
May 15, 2009
Montgomery v. eTreppid. A letter from David Z. Ribakoff to Judge Pro, vouching for Pham’s character and inviting Judge Pro to call him at any time (on his personal phone) or email to discuss is docketed. ECF 1050.
May 19, 2009
Montgomery v. eTreppid. Pham files Notice of Errata re: her May 11 objections to the Mar. 31 Sanction Order. ECF 1051.
May 22, 2009
Montgomery v. eTreppid. eTreppid files a Notification to Court of Non-Response by The United States and Montgomery Parties to its Apr. 9 Motion to Compel. ECF 1053. It asks the Court to enter an order compelling Montgomery to turn over all requested materials, including the requested "source code and any [and] all intellectual property of Blxware and/or Montgomery, as well as running and operative object code, all system documentation, and functional specifications." Id. at 1053.
May 26, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order
- granting eTreppid’s Apr. 9 Motion to Compel, ordering Montgomery to produce the documents listed in the order,including "source code and any and all intellectual property of Blxware and/or Montgomery, as well as running and operative object code, all system documentation, and functional specifications" by June 3, 2009;
- ordering counsel to contact clerk to schedule judgment debtor’s examination; and
- ordering that Montgomery must pay eTreppid’s attorney fees and costs incurred in bringing the motion to compel. ECF 1054.
Judge Pro issues an order denying Pham’s May 11 Motion to File Objection Under Seal and directs the court to “fortthwith unseal” the objection. ECF 1056.
May 27, 2009
Montgomery v. eTreppid. Klar files Joinder in Pham’s May 11 objections to the Mar. 31 Sanction Order. ECF 1057.
May 28, 2009
"On or about May 28, 2009, the eTreppid parties executed a writ of execution against Blxware’s assets in Washington State. As a result, [apparently] all of Blxware’s business assets are the custody of the United States Marshal and Blxware is no longer conducting business." Montgomery v. eTreppid ECF 1069 (Garofalo Declaration in support of motion to withdraw as Blxware counsel).
Montgomery v. eTreppid. eTreppid files Notice of Conditionally Filing under Seal a Motion Regarding Further Payment of Funds to Blxware. ECF 1058.
June 1, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues order granting eTreppid’s May 29 motion to file under seal and motion to shorten time and setting briefing schedule on the motion.
June 2, 2009
Montgomery v. eTreppid. Flynn files Motion to Compel Production of Documents and for Contempt, and for Access to Sealed Filings. ECF 1061 (Motion) ECF 1062 (Motion to Shorten Time).
June 4, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues order granting Flynn’s June 2 motion to shorten time and sets briefing schedule on his motion to compel.
The United States files a Notice of Filing Under Seal re: its Opposition to eTreppid’s May 29 Motion Regarding Further Payment of Funds to Blxware.” ECF 1065.
Montgomery v. IRS. The IRS files an answer in the Tax Court proceedings. See Montgomery v. IRS, No. 009008-09 Docket.
June 5, 2009
Montgomery v. eTreppid. eTreppid files Declaration of Jerry Snyder in Support of attorney fees award per Magistrate Judge Cook’s May 26 Order. ECF 1067.
June 7, 2009
The Las Vegas Review-Journal publishes a lengthy article discussing Montgomery, his history with eTreppid and government work, and the multiple allegations of wrongdoing during his tenure at eTreppid. See David Kihara “Nevada company's troubles entangle Gibbons, federal government,” Las Vegas Review-Journal, June 7, 2009. The article contained a sidebar timeline of significant events in the eTreppid-Government Contracts saga.
June 10, 2009
Montgomery v. eTreppid. The United States files Opposition to Flynn’s June 2 Motion to Compel. ECF 1070.
Montgomery also files Opposition to Flynn’s June 2 Motion to Compel. ECF 1071 (Opposition); ECF 1072 (Garofalo Declaration).
June 11, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order setting judgment debtor’s exam of Dennis Montgomery for June 26. ECF 1073.
June 12, 2009
Montgomery v. eTreppid. eTreppid files a Motion for Contempt/Sanctions re Discovery and Motion to Shorten Time (re: Montgomery’s continued failure to produce documents per May 26 order) . ECF 1074. The motion to shorten time is promptly granted. ECF 1080.
Flynn files Reply in Support of his June 2 Motion to Compel. ECF 1075 (Reply); ECF 1076 (Flynn Declaration in Support of Reply and Exhibits A-D); 1077 (Declaration Exhibit E); ECF1078 (Declaration Exhibit F); ECF 1081 (Declaration Exhibits G, I, J); ECF 1079 (Notice of Electronic Filing).
June 16, 2009
Montgomery v. eTreppid. Montgomery files Response/Opposition to eTreppid’s June 5 Snyder Declaration re: Award of Attorney Fees. ECF 1083 (Response): ECF 1084 (Montgomery Declaration). Montgomery, in his Declaration, states:
“3. I am currently unemployed and have no source of income. I was employed by Blxware, LLC ("Blxware"). The judgment creditors, however, executed on Blxware's assets in Washington State. Accordingly, Blxware is no longer in business.
4. My assets, including my homes in California, Nevada and Washington, have been liened by the judgment creditors. As a result of the judgments and related liens, Wells Fargo and Bank of American accounts have closed the accounts that held funds belonging to me and my wife. Since my credit score is so low, I have been unable to open new accounts.
5. In short, I have no income and no assets which have not been liened. I therefore have no ability to pay any amount of attorneys' fees awarded against me.”
ECF 1084.
June 17, 2009
Montgomery v. eTreppid. Montgomery files Opposition to eTreppid’s June 12 Motion for Sanctions/Contempt. ECF 1085 (Motion); ECF 1086 (Montgomery Declaration); ECF 1087 (Garofalo Declaration).
June 18, 2009
Montgomery v. eTreppid. eTreppid files:
- Motion to Compel Turnover of Hard Drives. ECF 1088.
- Reply (under seal) in Support of May 28 Motion Regarding Further Payment of Funds to Blxware. ECF 1089.
According to the Motion to Compel Turnover of Hard Drives,
"Montgomery has admitted, through counsel, that he is in possession of twelve hard drives containing source code. eTreppid requested that Montgomery produce these hard drives several months ago. However, Montgomery has refused to provide eTreppid with copies of these hard drives, instead insisting that eTreppid is entitled only to inspect and copy the hard drives at the Southern California office of eTreppid’s counsel, at eTreppid’s own expense.
Montgomery’s position is untenable. Even though he, along with the remaining Judgment Debtors, owe eTreppid a total of $26.5 million dollars, he is asserting that eTreppid should bear the cost of duplicating hard drives containing source code against which, absent the sudden appearance of other assets, eTreppid is likely entitled to execute. Montgomery’s position places an unfair burden on eTreppid. Accordingly, eTreppid respectfully requests that this Court order Montgomery to produce the requested hard drives to the offices of eTreppid’s counsel in Reno, Nevada.
ECF 1088 at 2.
June 19, 2009
Montgomery v. eTreppid. eTreppid files Reply in Support of June 12 Motion for Contempt/Sanctions. ECF 1091.
June 24, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order unsealing eTreppid’s June 12 Motion for Contempt/Sanctions, and stating that “[t]he court will preside at the June 26, 2009, judgment debtor examination of Dennis Montgomery; thereafter, the court will issue an order regarding eTreppid's motion for contempt.” ECF 1096.
June 25, 2009
Montgomery v. eTreppid. Flynn files his responses to the parties’ May 11 Objections to the Mar. 31 Sanctions Order.
Response to Montgomery – ECF 1099.
Response to Klar – ECF 1100.
Response to Pham – ECF 1098.
Response to Liner Grode – ECF 1102.
Montgomery files Opposition to eTreppid’s June 18 Motion to Compel Turnover of Hard Drives. ECF 1101.
Jun. 26, 2009
Montgomery Bankruptcy. Montgomery files for bankruptcy. See In re Dennis Lee Montgomery, ECF 1. In December 2011, the Bankruptcy Court will deny discharge to Montgomery.
Montgomery v. eTreppid. Magistrate Judge Cooke initiates the scheduled Montgomery/Judgment Debtor Exam. However, Montgomery counsel informs her that Montgomery has filed bankruptcy (today). “Therefore, the Court states for the record that all matters regarding Mr. Montgomery are STAYED.”
Additionally, Judge Cooke
- schedules a judgement debtor exam of Blxware for Aug. 18, over which she will preside
- schedules a sealed hearing on eTreppid’s May 28 Motion Regarding Further Payment of Funds to Blxware for July 29.
ECF 1103.
June 29, 2009
Montgomery v. eTreppid. Montgomery's Notice of Filing Voluntary Petition under Chapter 7 of the Bankruptcy Code and of Automatic Stay is entered on the docket. ECF 1104.
July 1, 2009
Montgomery v. eTreppid. Klar files a Motion for Ruling on Montgomery’s May 12, 2008 Evidentiary Objections to Flynn’s Sanction Motion filings. ECF 1106.
Jul. 13, 2009
Qui Tam Litigation. The United States submits its Notice of Election to Decline Intervention in Montgomery’s complaint alleging various violations of the False Claims Act. ECF 19. It requests that the Complaint and its notice be unsealed but that all other documents remain sealed. Id.
The Court issues an order unsealing the complaint and giving Montgomery until November 13, 2009 to serve the complaint. ECF 20.
Montgomery Bankruptcy. Montgomery files Schedules in his bankruptcy proceedings. ECF 9 (Schedules); ECF 10 (Summary of Financial Position).
Per those schedules, in addition to the $25,000,000+ eTreppid/Trepp judgments and the $833,000+ Flynn judgments, Montgomery's debts include (but are not limited to):
Home Mortgages (2 each on 3 homes).........$ 4,234,842
Federal and State Taxes..................................$ 543,863
Nevada Casino Debt......................................$ 2,707,000
Credit Card Debt...............................................$ 325,527
Unpaid Legal Bills ..........................................$ 2,445,962
Loans from Edra Blixseth ..............................$ 2,100,000
See Montgomery Bankruptcy Proceedings ECF 9 (Schedules).
Jul. 16, 2009
Criminal Case. Montgomery is arrested in California, based on charges stemming from the Sept. 27, 2008 credit instruments he provided to Ceasar's Palace to obtain a $1,000,000 gambling credit, which were presented Feb. 25, but returned Feb. 27, 2009 because Montgomery had issued stop payment on them.
See "Gibbons accuser arrested in California," Las Vegas Review Journal, Jul. 23, 2009 (reporting that arrest occurred July 16 after Las Vegas authorities issued a warrant in June); but see Flynn v. Montgomery, ECF 87-4 at p. 7 (Casino notes indicating 7/21 as date of arrest).
July 28, 2009
Montgomery v. eTreppid. Flynn files Notice re: Montgomery Bankruptcy Schedules, attaching same to filing. ECF 1112. The schedules reveal that Montgomery asserts have (among other things) (a) a $10 million dollar legal malpractice claim against the Liner Firm, Klar, Pham, et al and; (b) a $26.5 million misrepresentation claim against Edra Blixseth and the Liner Firm in connection with the eTreppid settlement agreement. ECF 1112.
Aug. 7, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order giving Flynn until Aug. 21 to respond to Klar’s July 1 Motion for Ruling on Evidentiary Objections. ECF 1114.
Aug. 17, 2009
Montgomery v. eTreppid. Klar files an Objection to Magistrate Judge Cook’s Aug. 7 ruling, essentially asserting that since Montgomery is in bankruptcy, matters relating to him are stayed and Flynn should not be able to respond. ECF 1116.
Aug. 18, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke presides over the Blxware Judgment Debtor Exam: “A judgment debtor's exam for Blxware was scheduled for this date and time; however, no representative for Blxware is present. The Court hears from counsel. Court is adjourned.” ECF 1118.
Aug. 20, 2009
Montgomery v. eTreppid. Flynn files his Response to Klar’s Aug. 17 Objection to Magistrate Judge Cook’s Aug. 7 ruling. ECF 1119 (Response); ECF 1120 (Exhibit 1).
Aug. 21, 2009
Montgomery v. eTreppid. Flynn files his Response to Klar’s July 1 Motion for Ruling on Evidentiary Objections. ECF 1121.
Aug. 31, 2009
Montgomery v. eTreppid. Klar files a Reply (under seal) in Support of her July 1 Motion for Ruling on Evidentiary Objections. ECF 1125.
Sep. 26, 2009
Desert Palace Litigation. Desert Palace, d/b/a Caesar's Palace Hotel & Casino, files a Complaint to Determine Dischargeability of Debt in Montgomery's bankruptcy proceedings. See Desert Palace v. Montgomery, ECF 1. Desert Palace seeks an exception to discharge of debts owed to it pursuant to 11 U.S.C. 523 (a)(6) - i.e., "for willful and malicious injury by [Montgomery] to [Desert Palace]."
According to the Complaint, Montgomery sought $1,000,000 in credit from Caesar’s Palace in Nevada on Sept. 27, 2008. To obtain the credit, Montgomery signed credit instruments / negotiable instruments totaling $1 million. ECF 1 at 2. Ceasar’s Palace alleges, among other things, that at the time he signed the instruments, he knew (a) the instruments were drawn against a bank account that did not and would not have available funds; (b) that he did not and would not have available funds from any other source to cover the debt: (c) that he would (and in fact did) stop payment on the instruments; and (d) that the instruments would be dishonored when Ceasar’s Palace presented them for payment. ECF 1 at 2-4.
Sep. 28, 2009
Flynn Bankruptcy Litigation. Flynn files a Complaint to Determine Non-Dischargeability of Debtors and their Debts in Montgomery’s bankruptcy proceedings. See Flynn v. Montgomery, ECF 1. In December 2011, the Bankruptcy court will grant Flynn's Motion for Summary Judgment on this Complaint as to Montgomery.
Oct. 5, 2009
Montgomery v. eTreppid. The Ninth Circuit dismisses Montgomery’s appeal (noticed Jan. 13, re: Flynn judgment) for failure to prosecute. ECF 1126.
Oct. 9, 2009
Montgomery v. eTreppid. Pham files Notice of Relevant New Case Law. ECF 1127.
Oct. 19, 2009
Montgomery v. eTreppid. Klar files Notice of Relevant Case Law re: the Mar 31 Sanctions Order. ECF 1128.
Oct. 22, 2009
Desert Palace Litigation. Montgomery files his Answer to Desert Palace's Sept. 26, 2009 Complaint. Montgomery admits "that he sought and was extended $1,000,000 of credit for gambling purposes and such sum is due." See Desert Palace v. Montgomery, ECF 4 at ¶ 7. Montgomery denies all other allegations.
Oct. 29, 2009
Qui Tam Litigation. The Court grants the petition for pro hac vice admission filed by Thomas H. Casey, counsel for the Trustee in Montgomery’s Bankruptcy. ECF 22 (petition), ECF 23 (order).
Nov. 4, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues an order denying Klar’s July 1 Motion for Evidentiary Ruling (on Flynn Sanction Motion materials). ECF 1129.
Nov. 5, 2009
Qui Tam Litigation. Judge Pro issues an order granting an ex parte motion (ECF 24) that was apparently filed under seal, as it does not appear on the public docket. ECF 25.
Nov. 13, 2009
Montgomery v. eTreppid. Klar files Objection to Magistrate Judge Cooke’s Nov. 4 order denying her motion for evidentiary ruling. ECF 1130.
Nov. 17, 2009
Montgomery v. IRS. The U.S. Tax Court issues an order in Montgomery's pending matter, setting trial for April 9, 2010. See Montgomery v. IRS, No. 00908-09, Docket and Jan. 20, 2010 Order.
Nov. 30, 2009
Montgomery v. eTreppid. Flynn files Notice of Status Report re: Montgomery Bankruptcy. ECF 1133.
Dec. 9, 2009
Montgomery v. eTreppid. The United States files Notice of Stipulated Order Regarding Enforcement of United States Protective Order. ECF 1135 (as modified Dec. 10; see ECF 1134 as originally filed).
Dec. 10, 2009
Montgomery v. eTreppid. Magistrate Judge Cooke issues Order approving the Dec. 2 Stipulated Order Regarding Enforcement of United States Protective Order. ECF 1136. Per this Stipulation, a detailed procedure is established for Liner Grode to turn over all Montgomery files to the United States for review (to segregate/redact materials subject to the Protective Order) before providing redacted files to Montgomery’s Bankruptcy Trustee.
Dec. 17, 2009
Montgomery v. eTreppid. Thomas Casey, counsel for Montgomery’s Bankruptcy Trustee submits petition for permission to practice pro hac vice. ECF 1137 (Petition); ECF 1138 (Order approving Petition).
Late December 2009
Playboy posts online an expose from its upcoming Jan/Feb edition on Montgomery. See Aram Roston, "The Man Who Conned the Pentagon," Playboy, Jan/Feb 2010 (Lexis-Nexis version of this article as filed in Montgomery v. Risen, ECF 52-3. See also Rachel Maddow Show, "Be a Fraud, Be Very A Fraud," MSNBC, Dec. 21, 2006 (includes Roston interview); Democracy Now, "The Man Who Conned the Pentagon," YouTube, uploaded Dec. 28, 2009 (Roston interview in which he discusses his article).
*Note: When Montgomery (apparently) joins Twitter in Feb. 2013, he will use a photo from this Playboy article as his header photo.
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