Keith Kessler, et al v. Minnesota Power
| Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler |
| Minnesota Power, a Division of ALLETE, Inc. |
| 25-2959 |
| October 3, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Torts to Land |
Docket Report
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This docket was last retrieved on March 18, 2026. A more recent docket listing may be available from PACER.
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| RECORD FILED - APLNT/PET APPENDIX, 1 volumes, Comments: 3 copies Second record Deficiency due on 03/23/2026. SEE ATTACHED RECORD DEFICIENCY NOTICE. [5619528] [25-2959] (DNS) [Entered: 03/18/2026 08:11 AM] |
| Paper copies [ # 5603768-2 ], Addendum filed by Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 10 paper copies received. [5619525] [25-2959] (DNS) [Entered: 03/18/2026 08:09 AM] |
| Paper copies Appellant/Petitioner Brief, [ # 5613765-2 ] filed by Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 10 paper copies received. Second paper brief deficiency due 03/23/2026. SEE ATTACHED PAPER BRIEF DEFICIENCY NOTICE. [5619522] [25-2959] (DNS) [Entered: 03/18/2026 08:02 AM] |
| Record Deficiency Sent to Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. Record Deficiency due on 03/16/2026. [5617133-1] [25-2959] (DNS) [Entered: 03/11/2026 10:01 AM] |
| PAPER brief deficiency sent to Lynn M. Boughey, for [ # 5613765-2 ], brief Appellant/Petitioner Brief [5617121] [25-2959] (DNS) [Entered: 03/11/2026 09:57 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 03/02/2026 , Length: 30 pages 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler due 03/09/2026 WITH certificate of service for paper briefs. Brief of Minnesota Power due on 04/01/2026 [5613765] [25-2959] (DNS) [Entered: 03/02/2026 03:41 PM] |
| CLERK ORDER: Granting [ # 5613046-2 ] motion file brief out of time filed by Lynn M. Boughey. The Clerk is directed to file the brief as of this date. [5613760] [25-2959] (DNS) [Entered: 03/02/2026 03:37 PM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5613472] [25-2959] (LMB) [Entered: 03/02/2026 11:23 AM] |
| Fifth brief deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. [5613366] [25-2959] (DNS) [Entered: 03/02/2026 09:48 AM] |
| MOTION to file brief out of time, filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 02/27/2026. [5613046] [25-2959]--[Edited 03/02/2026 by BNW to correct relief and docket text. Attached brief locked and refiled using the correct event, Brief Submitted for Review. NDA resent.] (LMB) [Entered: 02/27/2026 12:54 PM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5613355] [25-2959] (DNS) [Entered: 03/02/2026 09:37 AM] |
| Fourth brief deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. [5612655] [25-2959] --[Edited 03/11/2026 by DNS to indicate fourth] (DNS) [Entered: 02/26/2026 03:58 PM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5611897] [25-2959] (LMB) [Entered: 02/25/2026 01:49 PM] |
| JUDGE ORDER: Appellants motion for leave to file an amended brief is denied. Appellants are directed to submit a brief that is substantively similar to their brief submitted January 26, 2026, within five days of the date of this order. [ # 5605240-2 ] Adp Feb 2026 [5609668] [25-2959] (DNS) [Entered: 02/19/2026 10:32 AM] |
| CLERK ORDER: Appellants' motion to supplement record filed by Lynn M. Boughey in 25-2959, [ # 5604017-2 ] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5608778] [25-2959] (NDG) [Entered: 02/17/2026 01:54 PM] |
| REPLY to response in opposition to motion to file amended brief [ # 5607275-2 ] filed by Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler w/service 02/17/2026. [5608766] [25-2959] (NDG) [Entered: 02/17/2026 01:43 PM] |
| ***LOCKED***MOTION to file an amended brief., And RESPONSE to response , [ # 5607275-2 ], filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 02/17/2026. [5608547] [25-2959]--[Edited 02/17/2026 by NDG] This document is locked as it has been refiled 2/17/2026 by the clerk's office using the correct event. See document ID 5608766. (LMB) [Entered: 02/17/2026 08:58 AM] |
| RESPONSE in opposition to motion to file an amended brief [ # 5605240-2 ] filed by Attorney Patrick D.J. Mahlberg for Appellee Minnesota Power , w/service 02/11/2026. [5607275] [25-2959] (PDM) [Entered: 02/11/2026 02:05 PM] |
| ***LOCKED DOCUMENT*** RESPONSE in support of response [5606543-2] filed by Attorney Patrick D.J. Mahlberg for Appellee Minnesota Power , w/service 02/10/2026. [5606805] [25-2959] --[Edited 02/12/2026 by DNS] Document has been refiled to include additional documents. Refer to docket ID no. 5607275 (PDM) [Entered: 02/10/2026 03:55 PM] |
| ***LOCKED DOCUMENT*** RESPONSE in opposition to motion [ # 5605240-2 ] filed by Attorney Patrick D.J. Mahlberg for Appellee Minnesota Power , w/service 02/10/2026. [5606543] [25-2959] --[Edited 02/12/2026 by DNS] Document has been refiled to include additional documents. Refer to docket ID no. 5607275 (PDM) [Entered: 02/10/2026 11:00 AM] |
| MOTION to file an amended brief., filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 02/05/2026. [5605240] [25-2959] (LMB) [Entered: 02/05/2026 02:38 PM] |
| CLERK ORDER: Appellants fourth submitted brief varies substantively from the brief submitted on January 26, 2026. Appellants are directed to either file an opening brief that remedies the previously identified deficiencies without substantive change or file a motion for leave to file an amended brief, no later than February 6, 2026. [5605176] [25-2959] (DNS) [Entered: 02/05/2026 01:12 PM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5604413] [25-2959] (LMB) [Entered: 02/04/2026 09:06 AM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5604020] [25-2959] (LMB) [Entered: 02/03/2026 12:13 PM] |
| Third brief deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. [5604077] [25-2959] (DNS) [Entered: 02/03/2026 01:20 PM] |
| MOTION to supplement the record, filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 02/03/2026 - FOR CAL. [5604017] [25-2959] (LMB) [Entered: 02/03/2026 12:08 PM] |
| ADDENDUM of APPELLANT FILED by Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler , w/service 02/03/2026 [5603768] [25-2959] (DNS) [Entered: 02/03/2026 07:44 AM] |
| Second brief deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. [5603766] [25-2959] (DNS) [Entered: 02/03/2026 07:41 AM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5603404] [25-2959] (LMB) [Entered: 02/02/2026 11:37 AM] |
| Addendum of APPELLANT submitted for review by Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5603402] [25-2959] (LMB) [Entered: 02/02/2026 11:34 AM] |
| Addendum deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. New electronic copy of addendum due on 02/02/2026 [5601944] [25-2959] (DNS) [Entered: 01/28/2026 11:50 AM] |
| Brief deficiency notice sent to counsel, Attorney Lynn M. Boughey for Appellants Keith Kessler, Deanna Kessler, Megan Kessler, Stephen Kessler, Hayden Kessler and Leah Kessler. [5601941] [25-2959] (DNS) [Entered: 01/28/2026 11:46 AM] |
| CLERK ORDER: Denying [ # 5601177-2 ] motion to file deferred appendix filed by Lynn M. Boughey. [5601939] [25-2959] (DNS) [Entered: 01/28/2026 11:45 AM] |
| MOTION to file a deferred appendix., filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 01/26/2026. [5601177] [25-2959] (LMB) [Entered: 01/26/2026 05:32 PM] |
| APPELLANT brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler 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. [5601173] [25-2959] (LMB) [Entered: 01/26/2026 05:20 PM] |
| CLERK ORDER: Granting [ # 5594008-2 ] motion for extension of time to file brief filed by Lynn M. Boughey. Brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler due 01/26/2026. Appendix due on 01/26/2026. [5594270] [25-2959] (DNS) [Entered: 01/07/2026 08:27 AM] |
| MOTION for extension of time to file brief until 01/26/2026, filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 01/06/2026. [5594008] [25-2959] (LMB) [Entered: 01/06/2026 01:42 PM] |
| MOTION for extension of time to file brief until 01/12/2026, filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 12/09/2025. [5586065] [25-2959] (LMB) [Entered: 12/09/2025 09:53 AM] |
| CLERK ORDER: Granting [ # 5586065-2 ] motion for extension of time to file brief filed by Lynn M. Boughey. Brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler due 01/12/2026. Appendix due on 01/12/2026. [5586100] [25-2959] (DNS) [Entered: 12/09/2025 10:20 AM] |
| CLERK ORDER: Granting in Part [ # 5577046-2 ] motion for extension of time to file brief filed by Lynn M. Boughey [5577359] Brief of Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler due 12/12/2025. Appendix due on 12/12/2025. [5577359] [25-2959] (DNS) [Entered: 11/12/2025 10:53 AM] |
| MOTION for extension of time to file brief until 02/10/2026, filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler w/service 11/10/2025. [5577046] [25-2959] (LMB) [Entered: 11/10/2025 03:08 PM] |
| CORRECTED/INITIAL certificate of service for appendix notification , Doc No. [ # 5568834-2 ], filed by Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler [5573210] [25-2959] (DNS) [Entered: 10/30/2025 08:28 AM] |
| ***LOCKED DOCUMENT*** CERTIFICATE OF COMPLIANCE filed by Attorney Lynn M. Boughey for Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler correcting [ # 5568834-2 ] appendix notification filed by Appellants. [5573200] [25-2959] --[Edited 10/30/2025 by DNS] Incorrect filing event. See docket ID no. 5573210 (LMB) [Entered: 10/30/2025 08:10 AM] |
| METHOD of appendix preparation filed by Appellants Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler - Joint Appendix - w/service 10/17/2025 [5568834] [25-2959] (LMB) [Entered: 10/17/2025 09:52 AM] |
| APPEARANCE filed by Patrick Mahlberg for Appellee Minnesota Power w/service 10/10/2025 [5566997] [25-2959] (PDM) [Entered: 10/10/2025 03:29 PM] |
| CORPORATE disclosure statement filed by Appellee Minnesota Power. - FOR CAL [5567003] [25-2959] (PDM) [Entered: 10/10/2025 03:36 PM] |
| APPEARANCE filed by Samuel Andre for Appellee Minnesota Power w/service 10/10/2025 [5567000] [25-2959] (SA) [Entered: 10/10/2025 03:33 PM] |
| APPEARANCE filed by Aubrey Zuger for Appellee Minnesota Power w/service 10/10/2025 [5566999] [25-2959] (AZ) [Entered: 10/10/2025 03:31 PM] |
| Originating court document filed consisting of Order granting defendant's motion for summary judgment 9/3/25, Judgment 9/3/25, notice of appeal, and docket entries [5564349] [25-2959] (MMH) [Entered: 10/03/2025 11:43 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 11/12/2025. BRIEF OF APPELLANTS Deanna Kessler, Hayden Kessler, Keith Kessler, Leah Kessler, Megan Kessler and Stephen Kessler due 11/12/2025. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5564353] [25-2959] (MMH) [Entered: 10/03/2025 11:44 AM] |
| Civil case docketed. [5564344] [25-2959] (MMH) [Entered: 10/03/2025 11:39 AM] |
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