Gas Transmission Northwest, LLC v. Post Falls Storage Solutions, LLC et al
| Gas Transmission Northwest, LLC |
| Post Falls Storage Solutions, LLC, Northwest Grading, Inc. and William J. Krick |
| 2:2023cv00402 |
| September 11, 2023 |
| US District Court for the District of Idaho |
| Raymond Edward Patricco |
| B Lynn Winmill |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 ANSWER to #35 Answer to Complaint, Counterclaim [Plaintiff's Answer and Affirmative Defenses to Defendant's Counterclaim] by Gas Transmission Northwest, LLC.(York, Mary) |
Filing 36
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - The Court will conduct a telephonic scheduling conference on December 22, 2023, at 11:00 a.m. On or before December 15, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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| Filing 35 Defendants' ANSWER to #1 Complaint, , COUNTERCLAIM against Gas Transmission Northwest, LLC by William J. Krick, Post Falls Storage Solutions, LLC, Northwest Grading, Inc..(Kok, Edward) |
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Filing 34
ORDER GRANTING PRELIMINARY INJUNCTION - Defendants are prohibited from depositing additional rock and soil in the ROW without GTNs permission. Defendants shall remove the rock, dirt, gravel, and other debris and materials from the ROW in consultation with and as supervised by GTN, and Defendants shall comply with all reasonable mitigation efforts aimed at protecting the integrity of the Pipelines. Defendants shall not cross or operate heavy equipment in the ROW except in accordance with GTNs pipeline damage prevention program, which applies to the operation of GTNs own equipment within its ROWs and also applies to third parties.This order shall remain in full force and effect pending further order of this Court. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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| Filing 33 Notice of Filing of Official PARTIAL Transcript of Proceedings - Court's Ruling, held on 10/03/23 before Judge B. Lynn Winmill. Court Reporter Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re #32 Evidentiary Hearing. Redaction Request due 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (th) |
| Filing 32 Minute Entry for proceedings held before Judge B Lynn Winmill: A Preliminary Injunction Hearing was held on 10/3/2023. The Court GRANTED in part Plaintiff's Motion for Preliminary Injunction (Dkt. #2 ). (Court Reporter Tammy Hohenleitner.) (jlg)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT |
| Filing 31 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Gas Transmission Northwest, LLC, William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC re #18 Memorandum in Opposition to Motion and #1 Complaint. Consent/Objection to Magistrate due by 12/4/2023. (jd) |
| Filing 30 NOTICE by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC Defendants' Amended Exhibit List and Exhibits 11-14 (Attachments: #1 Exhibit Defendants' Exhibits 11-14)(Metzner, Corey) |
| DOCKET TEXT NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. Please disregard this notice if you have already filed a corporate disclosure statement. (jd) |
| Filing 29 NOTICE by Post Falls Storage Solutions, LLC re #7 Order on Motion for TRO,,, Defendants' Exhibit List and Exhibits 1-10 (Attachments: #1 Exhibit Defendants' Exhibits 1-10)(Metzner, Corey) |
| Filing 28 AFFIDAVIT in Opposition by Matthew Hall re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Post Falls Storage Solutions, LLC. Replies due by 10/16/2023.(Metzner, Corey) |
| Filing 27 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order and Preliminary Injunction [Supplemental Memorandum] filed by Gas Transmission Northwest, LLC.(York, Mary) |
| Filing 26 NOTICE by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC of Intent to Call Witness (Kok, Edward) |
| Filing 25 Minute Entry for proceedings held before Judge B Lynn Winmill: A Preliminary Injunction Hearing was held on 9/26/2023. The Preliminary Injunction Hearing is continued to 10/3/2023 at 10:00 AM Mountain Time via Zoom before Judge B Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg) |
| Filing 24 NOTICE by Gas Transmission Northwest, LLC re #7 Order on Motion for TRO,,, [Plaintiff's Notice of Posting Bond for TRO] (Attachments: #1 Exhibit A)(York, Mary) |
| Filing 23 DECLARATION of [Supplemental Declaration of Mary V. York in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. 2)] filed by Gas Transmission Northwest, LLC . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(York, Mary) |
| Filing 22 NOTICE by Gas Transmission Northwest, LLC re 17 Notice of Hearing,, [Plaintiff's Notice of Intent to Present Witnesses at Preliminary Injunction Hearing via Zoom] (York, Mary) |
| RECEIPT: Civil Surety Bond BDTO-610331-023 from Liberty Mutual Insurance Company electronic copy filed, amount $10,000.00.(original to follow). Original Bond Received 9/25/2023, held in Finance (jld) |
| Filing 21 AFFIDAVIT in Opposition by Gordon Dobler re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC. Replies due by 10/6/2023. (Attachments: #1 Exhibit Exhibit A)(Metzner, Corey) |
| Filing 20 AFFIDAVIT in Opposition by Andrew Reed re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC. Replies due by 10/6/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Metzner, Corey) |
| Filing 19 AFFIDAVIT in Opposition by William Krick re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC. Replies due by 10/6/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Metzner, Corey) |
| Filing 18 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC. Replies due by 10/6/2023.(Metzner, Corey) |
| Filing 17 DOCKET ENTRY NOTICE OF HEARING: A Preliminary Injunction Hearing is set for 9/26/2023 at 10:00 Mountain Time via Zoom before Judge B Lynn Winmill. Counsel received a video link by separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 108 3340, Meeting Passcode: 252593. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (jlg) |
| Filing 16 DOCKET ENTRY ORDER APPROVING (Dkt. #15 ) Motion for Pro Hac Vice Appearance of attorney Sam C. Kidd for Gas Transmission Northwest, LLC Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm) |
| Filing 15 MOTION FOR PRO HAC VICE APPEARANCE by Sam C. Kidd. ( Filing fee $ 250 receipt number AIDDC-2632746.)Julie A Hamilton appearing for Plaintiff Gas Transmission Northwest, LLC. Responses due by 10/11/2023 (Hamilton, Julie) |
| Filing 14 CERTIFICATE OF SERVICE by Gas Transmission Northwest, LLC re #7 Order on Motion for TRO,,, Set/Reset Hearings (Declaration of Service of TRO (Dkt. 7) via UPS to Defendant William J. Krick) (Attachments: #1 Exhibit A (UPS Delivery Notifications))(Hamilton, Julie) |
| Filing 13 AFFIDAVIT of Service for Temporary Restraining Order and Notice of Zoom Hearing [Affidavit of Non-Service] served on Defendant William J. Krick on attempted service on 09/15/2023, filed by Gas Transmission Northwest, LLC. (Hamilton, Julie) |
| Filing 12 AFFIDAVIT of Service for Temporary Restraining Order and Notice re Zoom Hearing (per Court Order Dkt. 7, p. 4) served on Defendant Northwest Grading Inc. on 09/15/2023 11:40 a.m. PDT, filed by Gas Transmission Northwest, LLC. (Hamilton, Julie) |
| Filing 11 AFFIDAVIT of Service for Temporary Restraining Order and Notice re Zoom Hearing (per Court Order Dkt. 7, p. 4) served on Defendant, Post Falls Storage Solutions, LLC on 09/15/2023 9:58 a.m. PDT, filed by Gas Transmission Northwest, LLC. (Hamilton, Julie) |
| Filing 10 SUMMONS Returned Executed by Gas Transmission Northwest, LLC. William J. Krick served on 9/13/2023, answer due 10/4/2023. (Hamilton, Julie) |
| Filing 9 SUMMONS Returned Executed by Gas Transmission Northwest, LLC. Northwest Grading, Inc. served on 9/13/2023, answer due 10/4/2023. (Hamilton, Julie) |
| Filing 8 SUMMONS Returned Executed by Gas Transmission Northwest, LLC. Post Falls Storage Solutions, LLC served on 9/13/2023, answer due 10/4/2023. (Hamilton, Julie) |
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Filing 7
TEMPORARY RESTRAINING ORDER - As a condition precedent to the effectiveness of this Order, GTN shall post security in the amount of $10,000. GTN shall serve Defendants with copies of (1) the complaint, (2) the ex parte application for a temporary restraining order, including all supporting documents and declarations; and (3) a copy of this Order, within 24 hours of the issuance of this Order. This Temporary Restraining Order will EXPIRE at 12:00 p.m. (Pacific Time) on September 28, 2023, unless otherwise dissolved or extended by this Court. A preliminary injunction hearing on this matter is set for September 26, 2023, at 10:00 a.m. This Temporary Restraining Order is issued at 2:42 p.m.(Mountain Time) on September 14, 2023. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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| Set/Reset Hearings: Preliminary Injunction Hearing set for 9/26/2023 10:00 AM in Video Zoom before Judge B Lynn Winmill. (jd) |
| Filing 6 Corporate Disclosure Statement by Gas Transmission Northwest, LLC. (Hamilton, Julie) |
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Filing 5
ORDER REASSIGNING CASE - Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of Court shall reassign this matter to a United States District Judge for all further proceedings, including consideration of Plaintiffs Motion for a Temporary Restraining Order. Case reassigned to Judge B Lynn Winmill for all further proceedings. US Magistrate Judge Raymond Edward Patricco, Jr no longer assigned to case. Signed by US Magistrate Judge Raymond Edward Patricco, Jr. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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| Filing 4 SUPPLEMENT by Plaintiff Gas Transmission Northwest, LLC re #1 Complaint, . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hamilton, Julie) |
| Filing 3 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Summons, #2 Summons)(lm) |
| CORRECTIVE ENTRY - The entry docket number #1 Complaint, filed by Gas Transmission Northwest, LLC was filed with exhibits attached to the main document. The complaint is your "Main Document" and any supporting documents or exhibits need to be attached to that as "attachments" and properly labeled. DO NOT upload documents to ECF without first ensuring your exhibits are clearly marked and page number references are easily located. The filing party shall re-submit their complaint as the main document with separately attached exhibits using the ECF event "Supplement"..(lm) |
| NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (lm) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction Julie A Hamilton appearing for Plaintiff Gas Transmission Northwest, LLC. Responses due by 10/2/2023 (Attachments: #1 Memorandum in Support, #2 Declaration of Mary V. York, #3 Declaration of Justin Weber, #4 Declaration of Ken Flint, #5 Exh A to Flint Decl, #6 Exh B to Flint Decl, #7 Exh C to Flint Decl, #8 Exh D to Flint Decl, #9 Exh E to Flint Decl, #10 Exh F to Flint Decl, #11 Exh G to Flint Decl, #12 Exh H to Flint Decl)(Hamilton, Julie) |
| Filing 1 COMPLAINT (Verified Complaint) against William J. Krick, Northwest Grading, Inc., Post Falls Storage Solutions, LLC ( Filing fee $ 402 receipt number AIDDC-2627070.), filed by Gas Transmission Northwest, LLC. (Attachments: #1 Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Hamilton, Julie) |
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