Timothy Brown, et al v. Continental Resources, Inc.
| Timothy G. Brown and Tracy L. Brown |
| Continental Resources, Inc., an Oklahoma Corporation |
| 22-1230 |
| January 31, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Torts to Land |
Opinions
We have the following opinions for this case:
| Description |
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 Timothy Brown v. Continental Resources, Inc.
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Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. [5247020] [22-1230] (MTB) [Entered: 02/17/2023 10:39 AM]
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JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion. JANE KELLY, ROGER L. WOLLMAN and JONATHAN A. KOBES Hrg Oct 2022 [5239804] [22-1230] (AMT) [Entered: 01/27/2023 09:12 AM]
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OPINION FILED - THE COURT: Jane Kelly, Roger L. Wollman and Jonathan A. Kobes AUTHORING JUDGE:Jonathan A. Kobes (PUBLISHED) [5239801] [22-1230] (AMT) [Entered: 01/27/2023 09:06 AM]
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ARGUED & SUBMITTED in St. Paul to Judges Jane Kelly, Roger L. Wollman, Jonathan A. Kobes on 10/19/2022 Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown Lyle Poe Leggette for Appellee Continental Resources, Inc.. Rebuttal by Kenneth E. Barker for Timothy G. Brown and Tracy L. Brown RECORDED. # Click Here To Listen to Oral Argument [5209573] [22-1230] (MMH) [Entered: 10/19/2022 04:49 PM]
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CLERK LETTER - The location and starting time for oral arguments have changed. Oral arguments that were originally scheduled to be heard in Courtroom 5C, will now be heard in Courtroom 5A beginning at 1:30 p.m. . [5202894] [21-3038, 22-1230, 21-3340, 22-1035, 21-3176] (KAS) [Entered: 09/28/2022 05:12 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Lyle Poe Leggette for Continental Resources, Inc. for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [5200062] [22-1230] (LPL) [Entered: 09/20/2022 10:46 AM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Wednesday, October 19, 2022. To be heard before Judges Jane Kelly, Roger L. Wollman and Jonathan A. Kobes in Division III. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. Information regarding COVID protocols will be furnished at a later date. [5199377] [22-1230] (JMM) [Entered: 09/19/2022 08:27 AM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Kenneth E. Barker for Timothy G. Brown and Tracy L. Brown for argument in October, at the U.S. Courthouse in St. Paul, Minnesota. [5199864] [22-1230] (KEB) [Entered: 09/19/2022 05:51 PM]
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Response of Appellee Continental Resources, Inc. to , [ # 5192286-2 ], filed by Timothy G. Brown and Tracy L. Brown, , [ # 5192286-3 ], filed by Timothy G. Brown and Tracy L. Brown. w/service 09/07/2022 - FOR CAL [5195818] [22-1230] (AKO) [Entered: 09/07/2022 03:06 PM]
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28(j) citation filed by Appellants Timothy G. Brown and Tracy L. Brown w/service 08/29/2022 - FOR CAL [5192286] [22-1230] (KEB) [Entered: 08/29/2022 11:55 AM]
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LETTER from Appellants Timothy G. Brown and Tracy L. Brown regarding availability for oral argument. w/service 06/07/2022 [5165088] [22-1230] (KEB) [Entered: 06/07/2022 11:20 AM]
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Paper copies Reply brief, [ # 5163128-2 ] filed by Timothy G. Brown and Tracy L. Brown 10 paper copies received. [5164869] [22-1230] (NDG) [Entered: 06/06/2022 04:29 PM]
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LETTER from Appellee Continental Resources, Inc. regarding availability for oral argument. w/service 06/02/2022 [5163987] [22-1230] (LPL) [Entered: 06/02/2022 04:06 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by Timothy G. Brown and Tracy L. Brown. w/service 06/01/2022 , Length: 6,500 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Timothy G. Brown and Tracy L. Brown due 06/06/2022 WITH certificate of service for paper briefs [5163128] [22-1230] (MVP) [Entered: 06/01/2022 09:51 AM]
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REPLY brief of Timothy G. Brown and Tracy L. Brown submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5162969] [22-1230] (KEB) [Entered: 05/31/2022 04:37 PM]
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Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [5153927] [22-1230] (MR) [Entered: 05/04/2022 09:53 AM]
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On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 5153203-2 ], submitted by Mr. Kenneth E. Barker and Mr. Timothy J. Vander Heide in 22-1230 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [22-1230] (NDG) [Entered: 05/03/2022 12:02 PM]
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CERTIFICATE OF COMPLIANCE filed by Mr. Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown and Mr. Timothy J. Vander Heide for Appellants Timothy G. Brown and Tracy L. Brown correcting [ # 5153203-2 ] motion for extension of time to file brief filed by null. [5153529] [22-1230] (KEB) [Entered: 05/03/2022 12:57 PM]
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CLERK ORDER:Granting [ # 5153203-2 ] motion for extension of time to file brief filed by Mr. Kenneth E. Barker and Mr. Timothy J. Vander Heide. Reply brief of Timothy G. Brown and Tracy L. Brown due 05/31/2022 [5153648] [22-1230] (NDG) [Entered: 05/03/2022 03:00 PM]
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MOTION for extension of time to file brief until 05/31/2022, filed by Mr. Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown and Mr. Timothy J. Vander Heide for Appellants Timothy G. Brown and Tracy L. Brown w/service 05/02/2022. [5153203] [22-1230] (KEB) [Entered: 05/02/2022 04:50 PM]
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Paper copies Appellee/Respondent brief, [ # 5148257-2 ] filed by Continental Resources, Inc. 10 paper copies received, w/Addendum attached. [5149109] [22-1230] (HAG) [Entered: 04/20/2022 12:13 PM]
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RECORD FILED - APLEE/RES APPENDIX, 1 volume, Comments: 3 sets [5149113] [22-1230] (HAG) [Entered: 04/20/2022 12:15 PM]
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BRIEF FILED - APPELLEE BRIEF filed by Continental Resources, Inc., w/service 04/18/2022 , Length: 12,609 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Continental Resources, Inc. due 04/25/2022 WITH certificate of service for paper briefs. Reply brief of Timothy G. Brown and Tracy L. Brown due on 05/09/2022. [5148257] [22-1230] (MVP) [Entered: 04/18/2022 02:07 PM]
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APPELLEE brief of Continental Resources, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5148211] [22-1230] (LPL) [Entered: 04/18/2022 12:12 PM]
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ADDENDUM of APPELLEE FILED by Appellee Continental Resources, Inc., w/service 04/18/2022 [5148043] [22-1230] (MVP) [Entered: 04/18/2022 09:04 AM]
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Brief deficiency notice sent to counsel, Attorney Mr. Lyle Poe Leggette for Appellee Continental Resources, Inc. [SEE ATTACHED NOTICE]. [5148031] [22-1230] (MVP) [Entered: 04/18/2022 08:58 AM]
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APPELLEE brief of Continental Resources, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5147931] [22-1230] (LPL) [Entered: 04/15/2022 03:47 PM]
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Addendum of APPELLEE submitted for review by Continental Resources, Inc.. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5147932] [22-1230] (LPL) [Entered: 04/15/2022 03:48 PM]
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Paper copies Appellant/Petitioner Brief, [ # 5137270-2 ] filed by Timothy G. Brown and Tracy L. Brown 10 paper copies received. w/Addendum attached [5138694] [22-1230] (MVP) [Entered: 03/21/2022 01:33 PM]
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RECORD FILED - APLNT/PET APPENDIX, 2 volumes, Comments: 3 sets of 2 volumes. 1 box. [5138695] [22-1230] (MVP) [Entered: 03/21/2022 01:37 PM]
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APPELLANT brief of Timothy G. Brown and Tracy L. Brown submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5137158] [22-1230] (KEB) [Entered: 03/16/2022 12:14 PM]
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Addendum of APPELLANT submitted for review by Timothy G. Brown and Tracy L. Brown. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5137165] [22-1230] (KEB) [Entered: 03/16/2022 12:18 PM]
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BRIEF FILED - APPELLANT BRIEF filed by Timothy G. Brown and Tracy L. Brown. w/service 03/16/2022 , Length: 10,151 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Timothy G. Brown and Tracy L. Brown due 03/21/2022 WITH certificate of service for paper briefs. Brief of Continental Resources, Inc. due on 04/15/2022 [5137270] [22-1230] (MVP) [Entered: 03/16/2022 01:16 PM]
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ADDENDUM of APPELLANT FILED by Appellants Timothy G. Brown and Tracy L. Brown , w/service 03/16/2022 [5137273] [22-1230] (MVP) [Entered: 03/16/2022 01:18 PM]
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Addendum deficiency notice sent to counsel, Attorney Mr. Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown. New electronic copy of addendum due on 03/21/2022. [SEE ATTACHED DOCUMENT]. [5136519] [22-1230] (MVP) [Entered: 03/15/2022 09:57 AM]
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Brief deficiency notice sent to counsel, Attorney Mr. Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown [SEE ATTACHED NOTICE]. [5136513] [22-1230] (MVP) [Entered: 03/15/2022 09:51 AM]
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APPELLANT brief of Timothy G. Brown and Tracy L. Brown submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5136364] [22-1230] (KEB) [Entered: 03/14/2022 07:54 PM]
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Addendum of APPELLANT submitted for review by Timothy G. Brown and Tracy L. Brown. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5136365] [22-1230]--[DOCUMENT LOCKED, the appendix does not get filed electronically. Edited 03/15/2022 by MVP] (KEB) [Entered: 03/14/2022 08:01 PM]
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APPEARANCE filed by Lyle Poe Leggette for Appellee Continental Resources, Inc. w/service 02/10/2022 [5126450] [22-1230] (LPL) [Entered: 02/10/2022 06:35 PM]
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METHOD of appendix preparation filed by Appellants Timothy G. Brown and Tracy L. Brown - Separate Appendix - w/service 02/09/2022 [5125950] [22-1230] (KEB) [Entered: 02/09/2022 04:34 PM]
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DESIGNATION of record AND STATEMENT of issues filed by Appellants Timothy G. Brown and Tracy L. Brown. w/service 02/09/2022 [5125946] [22-1230]--[edited to reflect document also contains the statement of issues by Casey Lee] [5125946] (KEB) [Entered: 02/09/2022 04:29 PM]
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Certificate of transcript filed by Appellants Timothy G. Brown and Tracy L. Brown. No Transcript[5125953] [22-1230] (KEB) [Entered: 02/09/2022 04:36 PM]
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CORPORATE disclosure statement filed by Appellee Continental Resources, Inc.. - FOR CAL [5124377] [22-1230] (JDC) [Entered: 02/07/2022 10:23 AM]
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BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 03/14/2022. BRIEF OF APPELLANT Timothy G. Brown and Tracy L. Brown due 03/14/2022. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5122430] [22-1230] (MMH) [Entered: 01/31/2022 03:36 PM]
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Originating court document filed consisting of notice of appeal, docket entries, and Judgment 12/29/21 [5122427] [22-1230] (MMH) [Entered: 01/31/2022 03:34 PM]
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APPEARANCE filed by Jeffery D. Collins for Appellee Continental Resources, Inc. w/service 01/31/2022 [5122507] [22-1230] (JDC) [Entered: 01/31/2022 04:40 PM]
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APPEARANCE filed by Timothy J. Vander Heide for Appellants Timothy G. Brown and Tracy L. Brown w/service 01/31/2022 [5122530] [22-1230] (TJV) [Entered: 01/31/2022 06:20 PM]
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Civil case docketed. [5122422] [22-1230] (MMH) [Entered: 01/31/2022 03:28 PM]
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APPEARANCE filed by Kenneth E. Barker for Appellants Timothy G. Brown and Tracy L. Brown w/service 01/31/2022 [5122525] [22-1230] (KEB) [Entered: 01/31/2022 05:25 PM]
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