United States District Court, D. Montana, Butte Division
MICHAEL DiFRANCESCO, on behalf of himself and others similarly situated, Plaintiff,
TIM FOX, in his official capacity as Attorney General of Montana; SARAH GARCIA, in her official capacity as Administrator of the Motor Vehicle Division; and MICHELE SNOWBERGER, in her official capacity as Bureau Chief of the Driver Services Bureau, Defendants.
HADDON UNITED STATES DISTRICT JUDGE
Court ordered a status conference and a hearing on Plaintiffs
Motion to Certify Class to be held on October 16, 2018.
status conference with counsel to address issues directly
related to Plaintiffs Motion to Certify Class was conducted
Court determined at the hearing to defer address of the
Motion to Certify Class pending supplementation of the record
by the parties with materials as ordered.
the record made and for the reasons stated in open court the
class to which certification was sought, namely:
[A]ll Montana drivers who currently have, or will have, at
least one driver's license suspension because of unpaid
court debts and who did not, or will not, receive an
ability-to-pay hearing before the suspension, 
determined to be unacceptable, inappropriate, and inadequate
Plaintiff shall file an amended motion for class
certification on or before November 2, 2018.
Plaintiff shall have the option, if deemed appropriate, on or
before November 2, 2018, to file an amended complaint setting
forth modifications or changes in allegations in the
complaint necessary and appropriate and in support of the
revised proposed class certification.
party shall have to and including October 26, 2018, in which
to file a brief in support of his or its position on the
issue of whether a justiciable controversy exists for persons
asserted in the present class certification
requestfor "all Montana drivers who . . .
will have, at least one driver's license suspension
because of unpaid court debts and who . .. will not, receive
an ability-to-pay hearing before
parties shall meet and confer on or before November 2, 2018,
to address, agree upon, and submit to the Court a list
identifying by appropriate citation each and every United
States or Montana constitutional provision or statute of the
state of Montana the Plaintiff claims to have been violated
or not appropriately applied in address or disposition of any
claim asserted by Plaintiff or on behalf of any class member.
or before November 2, 2018, the Plaintiff shall file a
statement identifying by date of infraction and citation of
statute, each and every driving citation, ticket, or driving
infraction asserted by Plaintiff on his own behalf, or on
behalf of proposed class members, as a basis for or relevant
to any and all claims asserted in the complaint.
or before November 2, 2018, Plaintiff shall file a report
identifying by: (1) title of court; (2) cause number; (3)
date of filing; and (4) identification of parties, for each
case known to counsel that has presented or asserted claims
or issues which are the same as or ...