United States District Court, D. Montana, Butte Division
HADDON UNITED STATES DISTRICT JUDGE
February 10, 2017, the Unites States filed a Motion for
Summary Judgment against Defendant Ron Broyles
("Broyles"). As of December 13, 2016, Broyles was
deemed to have elected to appear pro se in this
case. A response to the motion by Broyles was
due by March 6, 2017. No response by Broyles was filed.
March 7, 2017, the Court set a hearing on the motion for
March 29, 2017. A copy of the March 7, 2017, Order was to
be personally served upon Broyles at the address provided in
the Certificate of Service attached to Crowley Fleck
PLLP's Notice of Service of Order filed on November 2, 2016.
March 27, 2017, an unexecuted Process Receipt and Return was
filed, indicating service upon Broyles was attempted on March
8, 2017, and March 13, 2017, 
hearing on the United States' Motion for Summary Judgment
was held on March 29, 2017. Harris Phillips, Esq. and
Gretchen Nygaard, Esq. were present on behalf of the United
States. Broyles was not present.
Fed.R.Civ.P. 56, summary judgment is appropriate "if the
movant shows that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a
matter of law." "The moving party bears the initial
burden of establishing the absence of a genuine issue of
material fact." "Once the moving party has met its
initial burden, Rule 56(e) requires the nonmoving party to go
beyond the pleadings and identify facts which show a genuine
issue for trial." If the nonmoving party "fails to
properly address another party's assertion of fact as
required by Rule 56(c), the court may .. . grant summary
judgment if the motion and supporting materials-including the
facts considered undisputed-show that the movant is entitled
of the United States' Motion for Summary Judgment,
Brief in Support of United States' Motion for Summary
Judgment,  Statement of Undisputed Facts,
and the Declaration of Harris J. Phillips,  with attached
exhibits, establishes there is no genuine issue of material
fact. Broyles has failed to respond or otherwise appear.
Summary judgment in favor of the United States is
upon the record made in open court, ORDERED:
United States' Motion for Summary Judgment seeking a
permanent injunction against Broyles is GRANTED.
Final Judgment of Permanent Injunction Against Ron Broyles
will be filed concurrently with this Order.
copy of this Order and the Final Judgment of Permanent
Injunction Against Ron Broyles shall be personally served
upon Broyles by the United States Marshal on or before April
14, 2017, at his last known address as provided to the Court:
Ron Broyles 71 Yosemite Road San Rafael, CA 94903
clerk is directed to mail a copy of this Order and the Final
Judgment of Permanent Injunction Against Ron Broyles to the
Entry of permanent injunction against Broyles resolves all
outstanding claims asserted in this case. The ...