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).
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.
