Consort et al v. NorthWestern Corporation et al
Plaintiff: Gillian Consort and James Consort
Defendant: Davey Tree Surgery Company and NorthWestern Corporation
Case Number: 2:2021cv00039
Filed: April 27, 2021
Court: US District Court for the District of Montana
Presiding Judge: John Johnston
Referring Judge: Brian Morris
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2021 Filing 27 Notice of Correction: re 25 Disclosure Statement. The filing error relates to: Discovery. See the attached document for a brief description of the error made. (SLR)
June 17, 2021 Opinion or Order Filing 26 ORDER: Upon the #24 Motion of Plaintiffs' counsel, with good cause appearing therefore and no objection from Defendant, Northwestern Corporation's counsel: IT IS HEREBY ORDERED that Plaintiffs shall have up to and including June 28, 2021, to file their Reply Brief in support of the #10 Motion for Remand. Signed by Judge Brian Morris on 6/17/2021. (ACC)
June 17, 2021 Filing 25 SEE NOTICE OF CORRECTION #27 . Disclosure Statement by James Consort. (Dahood, Jeffrey)
June 17, 2021 Filing 24 First MOTION for Extension of Time to File Response/Reply as to #12 Response to Motion Jeffrey Wade Dahood appearing for Plaintiff James Consort (Attachments: #1 Text of Proposed Order) (Dahood, Jeffrey)
June 15, 2021 Filing 23 PRELIMINARY PRETRIAL STATEMENT by James Consort. (Dahood, Jeffrey)
June 14, 2021 Opinion or Order Filing 22 ORDER: Upon Plaintiffs' #21 Motion to Continue, and with good cause shown, IT IS HEREBY ORDERED that the Preliminary Pretrial Conference is RESET for June 30, 2021 at 2:00 p.m. before Judge Brian Morris. Signed by Judge Brian Morris on 6/14/2021. **SEE ORDER FOR CALL DETAILS** (ACC)
June 14, 2021 Filing 21 Unopposed MOTION to Continue Jeffrey Wade Dahood appearing for Plaintiff Gillian Consort (Attachments: #1 Text of Proposed Order) (Dahood, Jeffrey)
June 14, 2021 Filing 20 PRELIMINARY PRETRIAL STATEMENT by Davey Tree Surgery Company. (Huso, Katherine)
June 9, 2021 Filing 19 PRELIMINARY PRETRIAL STATEMENT by NorthWestern Corporation. (Fleming, Patrick)
June 9, 2021 Filing 18 STATEMENT OF STIPULATED FACTS by NorthWestern Corporation. (Fleming, Patrick)
June 9, 2021 Filing 17 JOINT DISCOVERY PLAN by NorthWestern Corporation. (Fleming, Patrick)
June 9, 2021 Opinion or Order Filing 16 TEXT ORDER Setting Hearing on Motion #10 First MOTION to Remand : Motion Hearing set for 7/27/2021 at 01:30 PM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/9/2021. (SLL)
June 8, 2021 Opinion or Order Filing 15 ORDER; Upon unopposed motion of the Defendant Davey Tree Surgery Company, and good cause appearing therefore: IT IS HEREBY ORDERED that Davey Tree Surgery Company shall file its preliminary pretrial statement on or before June 15, 2021. Signed by Judge Brian Morris on 6/8/2021. (TLO)
June 8, 2021 Filing 14 Unopposed MOTION for Extension of Time to File Preliminary Pretrial Statement Katherine Huso appearing for Defendant Davey Tree Surgery Company (Attachments: #1 Text of Proposed Order) (Huso, Katherine)
June 7, 2021 Filing 13 RESPONSE to Motion re #10 First MOTION to Remand filed by Davey Tree Surgery Company. (Attachments: #1 Exhibit A- Haddon Order 3/19/20, #2 Exhibit B- Haddon Order 4/24/20) (Huso, Katherine)
June 3, 2021 Filing 12 RESPONSE to Motion re #10 First MOTION to Remand filed by NorthWestern Corporation. (Fleming, Patrick)
May 25, 2021 Filing 11 Brief/Memorandum in Support re #10 First MOTION to Remand filed by James Consort. (Attachments: #1 Exhibit) (Dahood, Jeffrey)
May 25, 2021 Filing 10 First MOTION to Remand Jeffrey Wade Dahood appearing for Plaintiff James Consort (Dahood, Jeffrey)
May 20, 2021 Opinion or Order Filing 9 Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Morris. The referral is TERMINATED and the Honorable Magistrate Judge John Johnston no longer assigned to case. Signed by Judge Brian Morris on 5/20/2021. (TLO)
May 10, 2021 Filing 8 Mailing of Consent - Honorable John Johnston as Presiding Judge. Electronically mailed to counsel Jeffrey Wade Dahood, Katherine Huso, Ryan J. Gustafson, Patrick T. Fleming. Consent/Objection to USMJ Form due by 5/27/2021. (ACC)
May 10, 2021 Filing 7 ANSWER to #5 Amended Complaint by Davey Tree Surgery Company. (Huso, Katherine)
May 3, 2021 Opinion or Order Filing 6 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 6/9/2021. Joint Discovery Plan due by 6/9/2021. Statement of Stipulated Facts due by 6/9/2021. Telephonic Pretrial Conference set for 6/17/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS, DEADLINES, AND CALL-IN INFORMATION. Signed by Judge Brian Morris on 5/3/2021. (SLR)
April 30, 2021 Filing 5 AMENDED COMPLAINT FOR DESTRUCTION OF PROPERTY AND EMOTIONAL DISTRESS AND DEMAND FOR JURY TRIAL (State Court) against All Defendants, filed by James Consort, Gillian Consort. (SLR)
April 30, 2021 Filing 4 ANSWER to #3 Complaint with Jury Demand (State Court) by NorthWestern Corporation. (SLR)
April 30, 2021 Filing 3 COMPLAINT FOR DESTRUCTION OF PROPERTY AND EMOTIONAL DISTRESS AND DEMAND FOR JURY TRIAL (State Court) against All Defendants, filed by James Consort, Gillian Consort. (SLR)
April 30, 2021 Filing 2 NOTICE re #1 Notice of Removal, from Butte-Silver Bow County District Court, consisting of: (Attachments: #1 Transmittal Letter (Doc. 27), #2 Notice of Removal (Doc. 26), #3 Notice of No Objection (Doc. 25), #4 Response to Motion to Quash Service of Process (Doc. 24), #5 Affidavit of Huso (Doc. 23), #6 Brief in Support of Motion to Quash (Doc. 22), #7 Motion to Quash Service of Process and Stay Further Proceedings (Doc. 21), #8 Notice of Limited Appearance (Doc. 20), #9 Certificate of Service (Doc. 19), #10 Order Setting Scheduling Confrence (Doc. 18), #11 Motion for Scheduling Conference (Doc. 17), #12 Certificate of Service (Doc. 16), #13 Order Deny Motion for Reconsideration of Order for Substitution of Judge (Doc. 15), #14 Reply Brief - Motion for Substitution (Doc. 14), #15 Answer to Objection to Plaintiff's Motion to Substitute (Doc. 12), #16 Objection to Motion to Substitute (Doc. 10), #17 Certificate of Service (Doc. 9), #18 Order Inviting Assumption of Jurisdiction (Doc. 8, #19 Motion for Substitution of Judge (Doc. 7), #20 Federal Court Docket (Doc. 5), #21 Remand Letter (Doc. 4), #22 Transmittal Letter (Doc. 3), #23 Notice of Filing Notice of Removal (Doc. 2)) (SLR)
April 30, 2021 Remark: All State Court documents were received by the Clerk's Office via electronic transmission. No hard copies of any originals were received. (SLR)
April 27, 2021 Filing 1 NOTICE OF REMOVAL by Davey Tree Surgery Company from Montana Second Judicial District Court, Silver Bow County, case number DV-20-13. (Attachments: #1 Civil Cover Sheet, #2 State Complaint and Summons, #3 Affidavit of Timothy Olson, #4 Affidavit of Patrick Fleming) (MMS)
April 27, 2021 Filing fee: $ 402, receipt number 0977-2655876 (MMS)

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Plaintiff: Gillian Consort
Represented By: Jeffrey Wade Dahood
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Plaintiff: James Consort
Represented By: Jeffrey Wade Dahood
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Defendant: Davey Tree Surgery Company
Represented By: Katherine Huso
Represented By: Ryan J. Gustafson
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Defendant: NorthWestern Corporation
Represented By: Patrick T. Fleming
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