Black Hills Institute of Geological Research v. Fort Peck Paleontology et al
| Black Hills Institute of Geological Research |
| Fort Peck Paleontology, George D. Stanley, Jr., John Rabenberg, Dick Barsness and John Doe(s) |
| 4:2010cv00076 |
| November 22, 2010 |
| US District Court for the District of Montana |
| Great Falls Office |
| VALLEY |
| Sam E Haddon |
| Copyrights |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 161
ORDER: Pursuant to the 159 Stipulation for Dismissal with Prejudice on file herein; ORDERED: 1) This case is dismissed with prejudice as having been fully settled on its merits, each party to bear their own costs and attorneys' fees. 2) The hearing set for 4/17/12 is VACATED. 3) All pending motions are DENIED as moot. Signed by Judge Sam E Haddon on 4/13/2012. (SLR, )
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Filing 160
ORDER granting 158 Stipulated Motion regarding injunctive relief. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Sam E Haddon on 4/13/2012. (SLR, )
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| Filing 159 STIPULATION of Dismissal by Black Hills Institute of Geological Research. (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) Modified on 4/12/2012 to change event to Stipulated Motion. (SLR, ). |
| Filing 158 Stipulated Motion regarding injunctive relief Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) |
| Filing 157 RESPONSE to Motion re 155 MOTION for Leave to File Amended Statement of Geniune Issues filed by Fort Peck Paleontology. (Attachments: # 1 Exhibit) (Tease, Antoinette) |
| Filing 156 Brief/Memorandum in Support re 155 MOTION for Leave to File Amended Statement of Geniune Issues filed by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Krogh, Harlan) |
| Filing 155 MOTION for Leave to File Amended Statement of Geniune Issues Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Krogh, Harlan) |
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Filing 154
ORDER: Defendant Fort Peck Paleontology, Inc.'s 149 Request for Oral Argument on its Motion for Summary Judgment is GRANTED. A hearing will be set following Plaintiff's filing of a response. Signed by Judge Sam E Haddon on 4/2/2012. (SLR, )
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Filing 153
ORDER: The Court will conduct a hearing on Defendant Fort Peck Paleontology, Inc.'s 129 Motion for Partial Summary Judgment at 11:00 a.m. on April 17, 2012 at the Missouri River Courthouse in Great Falls, Montana. Signed by Judge Sam E Haddon on 4/2/2012. (SLR, )
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Filing 152
ORDER: Pursuant to the 151 Stipulation of Plaintiff, Black Hills Institute of Geological Research, Inc., and individual Defendant Dick Barsness, with good cause appearing and without objection from the remaining Defendants, IT IS HEREBY ORDERED that Plaintiff's claims against Defendant Dick Barsness are dismissed with prejudice, each party to bear its own attorneys' fees and costs. Signed by Judge Sam E Haddon on 3/29/2012. (SLR, )
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| Filing 151 STIPULATION of Dismissal as to Dick Barsness by Black Hills Institute of Geological Research. (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) Modified on 3/29/2012 to change event to Stipulated Motion. (SLR, ). |
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Filing 150
ORDER: 1) Plaintiff's 144 Stipulation for Dismissal with Prejudice for Individual Defendant Dick Barsness is DENIED without prejudice. 2) Plaintiff may resubmit the Stipulation for Dismissal in proper form. Signed by Judge Sam E Haddon on 3/28/2012. (SLR, )
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| Filing 149 Unopposed MOTION for Hearing re 145 MOTION for Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Attachments: # 1 Text of Proposed Order) (Tease, Antoinette) |
| Filing 148 Notice of Correction: re 146 Brief/Memorandum in Support. Counsel is reminded that pursuant to L.R. 7.1(d)(2)(C), "Any brief of 4000 words or more must include a Table of Contents, Table of Authorities, and Exhibit Index". Counsel is also reminded that any filing totaling 20 pages or more needs to be printed and mailed to Judge Haddon's Chambers. Please print and mail this Brief to Chambers. Please contact the Clerk's Office at (406) 727-1922 with any questions. COUNSEL DOES NOT NEED TO REFILE THIS BRIEF. (SLR, ) |
| Filing 147 Statement of Undisputed Fact re: 145 MOTION for Summary Judgment by Fort Peck Paleontology filed by Fort Peck Paleontology. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit B Part 3, # 5 Exhibit B Part 4, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F Part 1, # 10 Exhibit F Part 2, # 11 Exhibit F Part 3, # 12 Exhibit F Part 4, # 13 Exhibit F Part 5) (Tease, Antoinette) |
| Filing 146 Brief/Memorandum in Support re 145 MOTION for Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 145 MOTION for Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Filing 144 STIPULATION of Dismissal with Prejudice for Individual Defendant Dick Barsness by Black Hills Institute of Geological Research. (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) Modified on 3/19/2012 to change event to Stipulated Motion. (SLR, ). |
| Filing 143 REPLY to Response to Motion re 129 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 142 Notice of Correction: re 140 Response to Motion, and 130 Brief/Memorandum in Support. ALL COUNSEL are advised that pursuant to L.R. 7.1(d)(2)(C), "Any brief of 4000 words or more must include a Table of Contents, Table of Authorities, and Exhibit Index". THIS IS FOR FUTURE REFERENCE. COUNSEL DO NOT NEED TO REFILE THESE DOCUMENTS. (SLR, ) |
| Filing 141 Statement of Genuine Issues re: 140 Response to Motion filed by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Affidavit Peter Larson, # 20 Affidavit Neal Larson, # 21 Affidavit Robert Farrar, # 22 Affidavit Japeth B. Bayce, # 23 Affidavit Jared R. Hudson, # 24 Affidavit Florence Magovern, # 25 Affidavit Glenn F. Rockers, # 26 Affidavit Grant Standard, # 27 Affidavit Michael Berglund, # 28 Affidavit George F. Winters, # 29 Affidavit Lisa I. Rebori, # 30 Affidavit Joel A. Bartsch, # 31 Affidavit Leon J. Theisen, # 32 Affidavit Ronald L. Cauble, # 33 Affidavit Mathew W. Seney, # 34 Affidavit Martin O. Monzaro, # 35 Affidavit Donna Russell, # 36 Affidavit Robert T. Barker, # 37 Affidavit Walter W. Stein, # 38 Affidavit Thomas Lindgren, # 39 Affidavit Robert Gaston, # 40 Affidavit Michael Triebold, # 41 Affidavit Henry Galiano, # 42 Affidavit Chris Morrow, # 43 Affidavit Todd Hoelmer) (Krogh, Harlan) |
| Filing 140 RESPONSE to Motion re 129 MOTION for Partial Summary Judgment filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
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Filing 139
ORDER granting 133 Defendant Fort Peck Paleontology, Inc.'s Request for Oral Argument on its Motion for Partial Summary Judgment. A hearing will be set following Plaintiff's filing of a response. Signed by Judge Sam E Haddon on 1/24/2012. (SLR, )
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Filing 138
ORDER: 1) The parties' 135 Stipulated Motion for Extension of Time to Respond to Defendant Fort Peck Paleontology's 129 Motion for Partial Summary Judgment is GRANTED. 2) Plaintiff may have up to and including March 3, 2012 to file a response to Defendant's 129 Motion for Partial Summary Judgment. Signed by Judge Sam E Haddon on 1/19/2012. (SLR, )
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| Filing 137 Submission of Proposed Order re: 135 Stipulated Motion. (Krogh, Harlan) |
| Filing 136 Notice of Correction: re 135 Stipulated Motion. Counsel is advised that any proposed Order must be attached in pdf format as an exhibit to a motion or, in this case, a stipulated motion. See L.R. 7.1(c)(3)(A). COUNSEL IS ADVISED TO PREPARE A PROPOSED ORDER AND ELECTRONICALLY FILE THE SAME (Civil - Other Filings - Other Documents - Submission of Proposed Order), as well as email said proposed Order to Judge Haddon's Chambers pursuant to the Local Rules. Please contact the Clerk's Office at (406) 727-1922 if further assistance is required. (SLR, ) |
| Filing 135 STIPULATION re 129 MOTION for Partial Summary Judgment for Extension of Time to Respond by Black Hills Institute of Geological Research. (Krogh, Harlan) Modified on 1/17/2012 to change event to Stipulated Motion. (SLR, ). |
| Filing 134 Minute Entry for proceedings held before Magistrate Keith Strong: Settlement Conference held on 1/13/2012. (SLL, ) |
| Filing 133 Unopposed MOTION for Hearing re 129 MOTION for Partial Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Attachments: # 1 Text of Proposed Order) (Tease, Antoinette) |
| Filing 132 Sealed Document Unredacted re: 131 Statement of Undisputed Fact,, filed by Fort Peck Paleontology. (Attachments: # 1 Exhibit Ex H (Larson depo pgs)) (Tease, Antoinette) |
| Filing 131 Statement of Undisputed Fact re: 129 MOTION for Partial Summary Judgment by Fort Peck Paleontology filed by Fort Peck Paleontology. (Attachments: # 1 Exhibit Ex A (Rowe Aff), # 2 Exhibit Ex B (May Aff), # 3 Exhibit Ex C (Hoelmer depo pgs), # 4 Exhibit Ex D (Triebold depo pgs), # 5 Exhibit Ex E (Morrow depo pgs), # 6 Exhibit Ex F (Rex Appeal pgs), # 7 Exhibit Ex G (SUE copyright corr), # 8 Exhibit Ex H (STAN copyright corr), # 9 Exhibit Ex I (Under Seal)) (Tease, Antoinette) |
| Filing 130 Brief/Memorandum in Support re 129 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 129 MOTION for Partial Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Filing 128 TRANSCRIPT of MOTION HEARING PROCEEDINGS held on December 12, 2011, before Judge Sam E. Haddon. Tape Number: TRANSCRIPT OF MOTION HEARING PROCEEDINGS. 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, the Clerks Office or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. Transcript Redaction Procedures . Redaction Request due 1/20/2012. Redacted Transcript Deadline set for 1/30/2012. Release of Transcript Restriction set for 3/29/2012. (TCB, ) |
| Filing 127 WITHDRAWAL OF MOTION re 121 Motion for Summary Judgment Robert C. Griffin appearing for Defendant John Rabenberg (Griffin, Robert) Modified on 12/21/2011 to correct title of document. (SLR, ). |
| Notice of Incorrect Docket Event: re 127 Motion to Withdraw 121 Motion for Summary Judgment . INCORRECT EVENT USED: MOTION. CORRECT EVENT TO USE: WITHDRAWAL OF MOTION. This is a text only entry. A PDF document is not attached to this entry. COUNSEL WAS ADVISED BOTH VIA NOTICE OF INCORRECT DOCKET EVENT ON 12/19/11 AND TELEPHONE CALL ON 12/21/11 TO PREPARE AND FILE A WITHDRAWAL OF MOTION USING THE CORRECT EVENT. THE CORRECT EVENT WAS LISTED IN THE NOTICE OF 12/19/11 AND WAS DISCUSSED WITH COUNSEL ON 12/21/11, i.e. CIVIL - OTHER FILINGS - OTHER DOCUMENTS - WITHDRAWAL OF MOTION. COUNSEL REFILED ITS WITHDRAWAL OF MOTION, BUT USED THE "MOTION" EVENT, NOT THE "WITHDRAWAL OF MOTION" EVENT AS DIRECTED. COUNSEL IS ADVISED THAT IT DOES NOT NEED TO REFILE THIS DOCUMENT AGAIN, AS THE COURT WILL CORRECT THE ERROR. IN THE FUTURE, COUNSEL IS ADVISED TO CONTACT THE CLERK'S OFFICE AT (406) 727-1922 FOR ASSISTANCE BEFORE FILING DOCUMENTS. (SLR, ) |
| Filing 126 NOTICE by John Rabenberg re 121 MOTION for Summary Judgment Withdrawl Without Prejudice of Motion for Summary Judgment (Griffin, Robert) |
| Notice of Incorrect Docket Event: re 126 Notice (Other). Incorrect event used: Notice. Correct event to use: Withdrawal of Motion. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. COUNSEL IS ADVISED TO PREPARE AND FILE A DOCUMENT ENTITLED "WITHDRAWAL OF MOTION" (Civil - Other Filings - Other Documents - Withdrawal of Motion) explaining the reasons for the withdrawal of the motion, and to link said Withdrawal of Motion back to the initial Motion for Summary Judgment 121 . Using this event will remove the pending motion from the Judge's pending motion report. Please contact the Clerk's Office at (406) 727-1922 if further assistance is needed. (SLR, ) |
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Filing 125
ORDER denying 80 Defendant Fort Peck Paleontology, Inc.'s Motion for Partial Summary Judgment. Signed by Judge Sam E Haddon on 12/12/2011. (ACC, )
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| Filing 124 Minute Entry for MOTION HEARING held 12/12/11 before Honorable Sam E Haddon in Great Falls, Montana, with Counsel Harlan B. Krogh, David S. Kerr, and Luke Santangelo representing Plaintiff Black Hills Institute of Geological Research; Counsel Antoinette M. Tease representing Defendant Fort Peck Paleontology; and Counsel Gary M. Zadick representing Defendant Dick Barsness, present. 2:05 p.m. This hearing is in regard to 80 Defendant Fort Peck Paleontologys Motion for Partial Summary Judgment. Counsel Tease and Counsel Santangelo w/argument. It is for the Court to determine whether there are substantial or significant fact issues in this record that warrant the Court to submit the matter to a trier of fact. There are at least three questions before the Court raised by the pending motion, two of which may be questions of law, and the third is a factual issue. Court addresses whether Plaintiff could lawfully acquire something through the process that entitled it to move forward, lawfully, to get a copyright-able work or create a copyright-able work and thereafter protect that through the copyright process. Thats a fundamental question. Second question related to that is whether that interest could be acquired by Plaintiff through the purchase that was made from Mr. Williams, with a subquestion of did Williams have the right to convey it, even if he intended to. The third question, which is factual, is did Williams make such a conveyance? The Court cannot resolve the third question with the present record, and we cant reach the other two questions until that third question is answered factually. It is the Courts ruling that the 80 Motion for Summary Judgment in its direct form is denied. The only way to move beyond that issue is to resolve it with a complete record of what the Williams deal was in its entirety. Court discusses possible approaches to resolve the issues. If counsel wishes to conduct a further conference with the Court to explore the suggestions made today, that can be arranged. Recess: 3:12 p.m. (Court Reporter Tina Brilz.) (SLR, ) |
| Filing 123 AMENDED Statement of Undisputed Fact re: 121 MOTION for Summary Judgment by John Rabenberg filed by John Rabenberg. (Attachments: # 1 Exhibit A - Affidavit of John Rabenberg, # 2 Exhibit B - Depo of Chris Morrow, # 3 Exhibit C - Depo of Todd Hoelmer, # 4 Exhibit D - Depo of Mike Triebold, # 5 Exhibit E - Plaintiff's PRivilege Log, # 6 Exhibit F - Pl's Resp. to Rabenberg's First Set of Requests for Admissions, # 7 Exhibit G - Pl's Resp. to Rabenberg's First Set of Interrogatories) (Griffin, Robert) Modified on 12/13/2011 to add word "Amended". (SLR, ). |
| Filing 122 Brief/Memorandum in Support re 121 MOTION for Summary Judgment filed by John Rabenberg. (Griffin, Robert) |
| Filing 121 MOTION for Summary Judgment Robert C. Griffin appearing for Defendant John Rabenberg (Griffin, Robert) |
| Filing 120 Statement of Undisputed Fact re: 114 Response to Motion by John Rabenberg filed by John Rabenberg. (Attachments: # 1 Exhibit A - 2 Affidavits of John Rabenberg, # 2 Exhibit B - Depo of Chris Morrow, # 3 Exhibit C - Depo of Todd Hoelmer, # 4 Exhibit D - Depo of Mike Triebold, # 5 Exhibit E - Plaintiff's Privilege Log, # 6 Exhibit F - Pl's Resp. to Rabenberg's First Set of Requests for Admission, # 7 Exhibit G - Pl's Resp. to Rebenberg's First Set of Interrogatories) (Griffin, Robert) |
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Filing 119
ORDER: Counsel for Defendant John Rabenberg having filed an 118 unopposed motion for leave not to attend the hearing on the motion for partial summary judgment filed by Defendant Fort Peck Paleontology, Inc. currently scheduled for 12/12/11 at 2:00 p.m., and after due consideration thereof; IT IS HEREBY ORDERED that the Motion is GRANTED. Counsel for Defendant John Rabenberg is hereby granted leave not to attend the hearing. Signed by Judge Sam E Haddon on 12/7/2011. (SLR, )
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| Filing 118 Unopposed MOTION For Leave Not to Attend Hearing or Alternatively, to Attend by Telephone Robert C. Griffin appearing for Defendant John Rabenberg (Attachments: # 1 Text of Proposed Order) (Griffin, Robert) Modified on 12/7/2011 to clean up text. (SLR, ). |
| Filing 117 NOTICE by Dick Barsness Notice Re: Attendance at Partial Summary Judgment Hearing (Zadick, Gary) |
| Filing 116 SECOND AMENDED Statement of Genuine Issues re: 114 Response to Motion, 115 Statement of Genuine Issues, filed by Black Hills Institute of Geological Research. (Attachments: # 1 Affidavit Neal Larson, # 2 Affidavit Peter Larson, # 3 Affidavit Mike Triebold, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit J, # 13 Exhibit K) (Krogh, Harlan) Modified on 11/22/2011 to add words "Second Amended". (SLR, ). |
| Filing 115 AMENDED Statement of Genuine Issues re: 114 Response to Motion filed by Black Hills Institute of Geological Research. (Attachments: # 1 Affidavit Neal Larson, # 2 Affidavit Peter Larson, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit J, # 12 Exhibit K) (Krogh, Harlan) Modified on 11/22/2011 to add word "Amended". (SLR, ). |
| Filing 114 SUPPLEMENTAL RESPONSE to Motion re 80 MOTION for Partial Summary Judgment (Supplemental) filed by Black Hills Institute of Geological Research. (Krogh, Harlan) Modified on 11/21/2011 to add word "Supplemental". (SLR, ). |
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Filing 113
ORDER granting 112 Motion to Substitute Attorney. Signed by Judge Sam E Haddon on 11/14/2011. (LJF, Lisa)
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| Filing 112 Unopposed MOTION to Substitute Attorney Motion to Allow Member of Firm to Attend Partial Summary Judgment Hearing Gary M. Zadick appearing for Defendant Dick Barsness (Attachments: # 1 Text of Proposed Order) (Zadick, Gary) |
| Filing 111 AMENDED Brief/Memorandum in Support re 80 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) Modified on 11/9/2011 to add word "Amended". (SLR, ). |
| Filing 110 Notice of Correction: re 81 Brief/Memorandum in Support. Telephone call to Counsel Tease from Clerk's Office. Page 9 of the Brief in Support of Motion for Summary Judgment is missing. Counsel was advised to file an Amended Brief in Support of Motion for Summary Judgment. (SLR, ) |
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Filing 109
ORDER GRANTING 108 Unopposed Motion for Leave to Supplement the Record Pursuant to Local Rule 56.1(d) and for Leave to File Surreply. IT IS HEREBY ORDERED that Plaintiff will submit its surreply and supplemental evidence on or before November 18, 2011. Consistent with this Court's previous Order, the parties will conduct a hearing on the summary judgment motion at 2:00 p.m. on December 12, 2011. Signed by Judge Sam E Haddon on 11/8/2011. (SLR, )
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| Filing 108 Unopposed for Leave to Supplement the Record Pursuant to Local Rule 56.1(d) and For Leave to File Surreply Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) Modified on 11/8/2011 to clean up text. (SLR, ). |
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Filing 107
ORDER: Defendant Fort Peck Paleontology, Inc.'s 94 MOTION to Open Factual Record Pursuant to Local Rule 56.1(d) is GRANTED. FURTHER ORDERED: Defendant Fort Peck Paleontology, Inc.'s 90 Request for Oral Argument on its 80 MOTION for Partial Summary Judgment is GRANTED. The Court will conduct a hearing on the summary judgment motion at 2:00 p.m. on December 12, 2011. Signed by Judge Sam E Haddon on 11/7/2011. (SLR, )
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| Filing 106 Order Setting: Settlement Conference set for 1/13/2012 at 08:00 AM in Great Falls, MT before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 10/27/2011. (SLL, ) |
| Filing 105 Minute Entry for proceedings held before Magistrate Keith Strong: Telephonic Scheduling Conference held on 10/26/2011. (SLL, ) |
| Filing 104 Order Setting: Telephonic Scheduling Conference set for 10/26/2011 at 02:00 PM before Magistrate Keith Strong. Signed by Magistrate Keith Strong on 10/21/2011. (SLL, ) |
| Filing 103 CASE REFERRED to Magistrate Judge Keith Strong for the limited purpose of conducting a settlement conference per 102 Order. (SLR, ) |
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Filing 102
ORDER granting 93 Motion for Settlement Conference. This matter is referred to the Honorable Keith Strong, United States Magistrate Judge, for the limited purpose of conducting a settlement conference. Signed by Judge Sam E Haddon on 10/20/2011. (LJF, Lisa) Modified on 10/20/2011 to add text from Order. (SLR, ). Modified on 10/21/2011 to reflect NEF was regenerated to Judge Strong. (SLR, ).
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| Filing 101 AMENDED Statement of Undisputed Fact re: 80 MOTION for Partial Summary Judgment. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Tease, Antoinette) Modified on 10/20/2011 to add word "Amended". (SLR, ). |
| Filing 100 Notice of Correction: RE 96 Supplemental Statement of Undisputed Facts. Counsel is advised that the Supplemental Statement references Exhibits A, B, C, D, E, F, and G, but no exhibits were attached to the Supplemental Statement. COUNSEL IS ADVISED TO FILE AN AMENDED SUPPLEMENTAL STATEMENT (with the word "Amended" contained in the title of the document) with Exhibits A-G attached pursuant to the requirements contained in the Local Rules. Please contact the Clerk's Office at 727-1922 if further assistance is required. (SLR, ) |
| Filing 99 Remark: With regard to 98 Affidavit of John Rabenberg, Counsel is reminded that pursuant to L.R. 7.2(a)(3), "If all exhibits total more than five pages,... each exhibit must be filed as a separate attachment to the brief or Statement". This is for future reference. COUNSEL DOES NOT NEED TO REFILE THIS DOCUMENT. (SLR, ) |
| Filing 98 AFFIDAVIT of JOHN RABENBERG in Support re 80 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) Modified on 10/20/2011 to clean up text. (SLR, ). |
| Filing 97 AFFIDAVIT OF TIMOTHY B. ROWE in Support re 80 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) Modified on 10/20/2011 to clean up title of document. (SLR, ). |
| Filing 96 SUPPLEMENTAL Statement of Undisputed Facts in Support of 80 MOTION for Partial Summary Judgment. (Tease, Antoinette) Modified on 10/20/2011 to clean up title of document. (SLR, ). |
| Filing 95 REPLY to Response to Motion re 80 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 94 MOTION to Open Factual Record Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Filing 93 Joint MOTION for Settlement Conference Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) |
| Filing 92 Submission of Proposed Order re: 90 Unopposed MOTION for Hearing re 80 MOTION for Partial Summary Judgment. (Tease, Antoinette) |
| Filing 91 Remark RE: 90 Unopposed Request for Oral Argument on Motion for Partial Summary Judgment. Counsel is reminded that pursuant to L.R. 7.1(c)(3) "... a proposed order is required and permitted only with a motion for extension of time or with an unopposed motion". The proposed order should be attached to the motion as an exhibit. COUNSEL IS DIRECTED TO PREPARE AND ELECTRONICALLY FILE THE PROPOSED ORDER (Civil - Other Documents - Submission of Proposed Order) AND, if not already done, email the proposed Order, in either Word or WordPerfect format, to the presiding Judge. Please contact the Clerk's Office at 406-727-1922 if further assistance is required. (SLR, ) |
| Filing 90 Unopposed MOTION for Hearing re 80 MOTION for Partial Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Filing 89 Statement of Genuine Issues re: 88 Response to Motion, filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 88 RESPONSE to Motion re 80 MOTION for Partial Summary Judgment filed by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Affidavit David Kronen, # 8 Affidavit Neal Larson, # 9 Affidavit Peter Larson, # 10 Affidavit Robert Farrar) (Krogh, Harlan) |
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Filing 87
STIPULATED PROTECTIVE ORDER. Signed by Judge Sam E Haddon on 9/22/2011. (Attachments: # 1 Exhibit A) (SLR, )
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| Filing 86 JOINT NOTICE by Black Hills Institute of Geological Research re 84 Notice. (Krogh, Harlan) Modified on 9/22/2011 to clean up text. (SLR, ). |
| Filing 85 Response of Defendant Dick Barsness re 84 Notice of Court Dated 9/20/11 Regarding Stipulated Protective Order. (Zadick, Gary) Modified on 9/22/2011 to clean up text. (SLR, ). |
| Filing 84 NOTICE re 83 Stipulation for Protective Order. Attached to this Notice for the parties' consideration is a revised form of the proposed Stipulated Protective Order filed with the Court on 9/19/11, incorporating deletion of paragraph 7 and replacing it with paragraphs 13 and 14, and deletion of paragraph 12. The suggested modifications and renumbering are set forth in boldface type. Counsel are requested to notify the Court within 14 day of the date of this Notice as to whether the revised form of the Stipulated Protective Order is acceptable to the parties. The Court is prepared to enter the Stipulated Protective Order in the form as revised. Signed by Judge Sam E Haddon on 9/20/2011. (Attachments: # 1 Proposed Stipulated Protective Order, # 2 Exhibit A - Acknowledgment) (SLR, ) |
| Filing 83 STIPULATION for Protective Order by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Krogh, Harlan) Modified on 9/19/2011 to change event to Stipulated Motion. (SLR, ). |
| Filing 82 Statement of Undisputed Fact re: 80 MOTION for Partial Summary Judgment by Fort Peck Paleontology filed by Fort Peck Paleontology. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Tease, Antoinette) Modified on 9/19/2011 to add exhibit letters. (SLR, ). |
| Filing 81 Brief/Memorandum in Support re 80 MOTION for Partial Summary Judgment filed by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 80 MOTION for Partial Summary Judgment Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Filing 79 NOTICE re 78 proposed Stipulated Protective Order. Counsel are apprised the Court is not disposed to approval of any requested Protective Order that is inconsistent with and that does not include, in substance, the following language - SEE ORDER. The parties are invited to consider resubmission of the proposed Order. (SLR, ) |
| Filing 78 STIPULATION for Protective Order by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Krogh, Harlan) |
| Filing 77 STATEMENT Regarding Discovery Limits by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 76 Position Statement Regarding Discovery Limits re 72 Joint Discovery Plan by John Rabenberg. (Griffin, Robert) Modified on 9/2/2011 to clean up text. (SLR, ). |
| Filing 75 Memorandum Re: Discovery Limits re 72 Joint Discovery Plan Memorandum of Dick Barsness by Dick Barsness. (Zadick, Gary) Modified on 9/2/2011 to clean up text. (SLR, ). |
| Filing 74 Position Statement Regarding Discovery Limits re 72 Joint Discovery Plan by Fort Peck Paleontology. (Tease, Antoinette) Modified on 9/2/2011 to clean up text. (SLR, ). |
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Filing 73
SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 10/7/2011; Discovery shall close on 4/5/2013; all pretrial motions, other than discovery motions, to include motions for summary judgment and motions in limine, shall be filed and fully briefed on or before 7/12/2013; Proposed Final Pretrial Order due by 9/20/2013. Final Pretrial Conference set for 10/17/2013 at 02:00 PM in Great Falls, MT before Judge Sam E Haddon. Jury Trial (7-member jury; 10 days) set for 10/28/2013 at 08:45 AM in Great Falls, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 8/25/2011. (SLR, )
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| Minute Entry for proceedings held before Judge Sam E Haddon: Preliminary Pretrial Conference held on 8/22/2011. (SLR, ) |
| Filing 72 JOINT DISCOVERY PLAN by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 71 SUPPLEMENT to the Joint Discovery Plan by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 70 PRELIMINARY PRETRIAL STATEMENT by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 69 Notice of Correction: re 68 Proof of Service. Counsel is advised that pursuant to L.R. 26.2(a), "Pursuant to Fed.R.Civ.P.5(d)(1),... notices of service of subpoena, and certificates or notices indicating service of discovery documents on opposing parties are not routinely filed". This is for future reference. Please contact the Clerk's Office at (406) 727-1922 if further information is required. (SLR, ) |
| Filing 68 Proof of Service filed by Fort Peck Paleontology. Service by Subpoena on 06/17/2011. (Tease, Antoinette) |
| Filing 67 PRELIMINARY PRETRIAL STATEMENT by John Rabenberg. (Griffin, Robert) |
| Filing 66 PRELIMINARY PRETRIAL STATEMENT by Dick Barsness. (Zadick, Gary) |
| Filing 65 PRELIMINARY PRETRIAL STATEMENT by Fort Peck Paleontology. (Tease, Antoinette) |
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Filing 64
ORDER Granting 63 Rabenberg's Unopposed Motion to Reschedule Preliminary Pretrial Conference and Related Deadlines. IT IS HEREBY ORDERED: Counsel to confer to develop a joint discovery plan by 8/8/11; Discovery Plan to be filed by 8/15/11; Preliminary Pretrial Statement to be filed by 8/15/11; Preliminary Pretrial Conference set for 8/22/11 at 4:00 p.m. The remainder of the Order shall remain in full force and effect. Signed by Judge Sam E Haddon on 5/24/2011. (SLR, )
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| Filing 63 Unopposed MOTION to Continue Preliminary Pretrial Conference and Related Deadlines and to Reschedule Robert C. Griffin appearing for Defendant John Rabenberg (Attachments: # 1 Text of Proposed Order) (Griffin, Robert) |
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Filing 62
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/7/2011. Joint Discovery Plan due by 7/7/2011. Preliminary Pretrial Conference set for 7/18/2011 at 04:00 PM in Great Falls, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 5/13/2011. (SLR, )
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| Filing 61 ANSWER to 56 Amended Complaint, Affirmative Defenses, and Demand For Jury Trial by John Rabenberg. (Griffin, Robert) |
| Filing 60 ANSWER to 56 Amended Complaint, and Demand for Jury Trial by Dick Barsness. (Zadick, Gary) |
| Filing 59 Corporate Disclosure Statement by Fort Peck Paleontology. (Tease, Antoinette) |
| Filing 58 ANSWER to 56 Amended Complaint, by Fort Peck Paleontology. (Tease, Antoinette) |
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Filing 57
ORDER re 41 MOTION to Dismiss Counts III and V of original Complaint. 1) Defendant John Rabenberg's Motion to Dismiss Counts III and V of the original Complaint is DENIED as moot. 2) Defendants may file a revised motion to dismiss with supporting brief directed to the Amended Complaint on or before 3/25/11. Plaintiff may respond to any such revised motion as provided by L.R. 7.1(d)(1)(B). Signed by Judge Sam E Haddon on 3/9/2011. (SLR, )
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| Filing 56 AMENDED COMPLAINT against Dick Barsness, Fort Peck Paleontology, John Doe(s), John Rabenberg, filed by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Krogh, Harlan) |
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Filing 55
ORDER granting 53 Plaintiff's Second Amended Motion for Leave to File First Amended Complaint. Signed by Judge Sam E Haddon on 3/8/2011. (SLR, )
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| Filing 54 STATEMENT re 53 Amended MOTION for Leave to File First Amended Complaint by Dick Barsness, Fort Peck Paleontology, John Rabenberg. (Tease, Antoinette) |
| Filing 53 Amended MOTION for Leave to File First Amended Complaint Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit 1, # 2 Exhibit A to First Amended Complaint, # 3 Exhibit B to First Amended Complaint, # 4 Exhibit C to First Amended Complaint, # 5 Exhibit D to First Amended Complaint, # 6 Exhibit E to First Amended Complaint, # 7 Exhibit F to First Amended Complaint, # 8 Exhibit G to First Amended Complaint, # 9 Exhibit H to First Amended Complaint, # 10 Exhibit I to First Amended Complaint, # 11 Exhibit J to First Amended Complaint, # 12 Exhibit K to First Amended Complaint) (Krogh, Harlan) |
| Filing 52 WITHDRAWAL of Motion re 50 Amended MOTION for Leave to File First Amended Complaint filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 51 Notice of Correction: re 50 Amended MOTION for Leave to File First Amended Complaint. Telephone call w/Counsel Krogh's Office regarding the comments contained herein. Counsel is advised that the exhibits attached to the proposed First Amended Complaint do not correspond to the language contained in the proposed First Amended Complaint. Pursuant to the directions of Chambers, Counsel is advised to: 1) Prepare and electronically filed a document entitled "Withdrawal of Motion" (Civil - Other Documents - Withdrawal of Motion). Counsel is advised that the language in said withdrawal should be in the form of a notice, not a motion (it is a notice of withdrawal, not a motion asking the Court to withdraw the motion). 2) File a second Amended Motion (with the word "Amended" contained in the title of the document, attaching the proposed First Amended Complaint and the exhibits that correctly correspond to the language contained in the proposed First Amended Complaint. Counsel is encouraged to contact the Clerk's Office at 406-727-1922 if further assistance is needed. (SLR, ) |
| Filing 50 Amended MOTION for Leave to File First Amended Complaint Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit 1, # 2 Exhibit A to Amended Complaint, # 3 Exhibit B to Amended Complaint, # 4 Exhibit C to Amended Complaint, # 5 Exhibit D to Amended Complaint, # 6 Exhibit E to Amended Complaint, # 7 Exhibit F to Amended Complaint, # 8 Exhibit G to Amended Complaint, # 9 Exhibit H to Amended Complaint, # 10 Exhibit I to Amended Complaint, # 11 Exhibit J to Amended Complaint, # 12 Exhibit K to Amended Complaint) (Krogh, Harlan) |
| Filing 49 WITHDRAWAL of Motion re 47 MOTION for Leave to File First Amended Complaint filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 48 Notice of Correction: re 47 MOTION for Leave to File First Amended Complaint. Counsel did not attach the cited exhibits to the proposed Amended Complaint. Counsel is advised to FIRST: Prepare and electronically file a document entitled "Withdrawal of Motion" explaining the reasons for the withdrawal of this motion (Civil - Other Documents - Withdrawal of Motion). Counsel is then advised to SECOND: Prepare and file an AMENDED Motion (with the word "Amended") in the title of the document, and attaching the proposed Amended Complaint with the exhibits outlined therein. Please contact the Clerk's Office at 406-727-1922 if further assistance is needed. Thank you. (SLR, ) |
| Filing 47 MOTION for Leave to File First Amended Complaint Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit A - First Amended Complaint) (Krogh, Harlan) |
| Filing 46 RESPONSE to Motion re 41 MOTION to Dismiss filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 45 Amended Notice of Joinder by Fort Peck Paleontology re: 42 Brief/Memorandum in Support of Motion to Dismiss (Tease, Antoinette) |
| Filing 44 Notice of Joinder by Dick Barsness re: 41 MOTION to Dismiss (Zadick, Gary) |
| Filing 43 Joinder of Defendant Fort Peck Paleontology, Inc. in 41 Motion to Dismiss Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) Modified on 2/4/2011 to clean up text and link back to initial Motion. (SLR, ). |
| Filing 42 Brief/Memorandum in Support re 41 MOTION to Dismiss filed by John Rabenberg. (Griffin, Robert) |
| Filing 41 MOTION to Dismiss Robert C. Griffin appearing for Defendant John Rabenberg (Griffin, Robert) |
| Notice of Incorrect Docket Event: re 43 MOTION for Joinder in Motion to Dismiss. Incorrect event used: Motion for Joinder. Correct event to use: Notice of Joinder. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. COUNSEL DOES NOT NEED TO REFILE THIS DOCUMENT. (SLR, ) |
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Filing 40
ORDER granting 39 Stipulated Motion of Dismissal of George D. Stanley, Jr. 1) Defendant George D. Stanley, Jr. is dismissed without prejudice. 2) The caption in this case shall be modified as set forth above to exclude George D. Stanley, Jr. as a named defendant. Signed by Judge Sam E Haddon on 1/27/2011. (SLR, )
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| Filing 39 Stipulated Motion of Dismissal of George D. Stanley, Jr., Without Prejudice Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Text of Proposed Order) (Krogh, Harlan) |
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Filing 38
ORDER granting 37 Motion for Extension of Time to Answer. Dick Barsness answer due 2/4/2011. Signed by Judge Sam E Haddon on 1/11/2011. (SLR, )
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| Filing 37 Unopposed MOTION for Extension of Time to File Answer Gary M. Zadick appearing for Defendant Dick Barsness (Attachments: # 1 Text of Proposed Order) (Zadick, Gary) |
| Filing 36 Remark: Report on Filing or Determination of an Action or Appeal Regarding a Copyright (AO Form 121) mailed to Register of Copyrights, Copyright Office, Library of Congress, Washington, DC 20559. (SLR, ) |
| Filing 35 NOTICE of Acknowledgment of Pro Hac Vice Order by Black Hills Institute of Geological Research re 25 Order on Motion to Appear Pro Hac Vice, (Krogh, Harlan) |
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Filing 34
ORDER GRANTING 29 Motion for Extension of Time to Answer. John Rabenberg shall answer or otherwise respond to the Complaint by February 4, 2011. Signed by Judge Sam E Haddon on 12/30/2010. (ACC, )
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Filing 33
ORDER GRANTING 28 Unopposed MOTION for Extension of Time to File Answer. George D. Stanley, Jr shall answer or otherwise respond to the Complaint by February 4, 2011. Signed by Judge Sam E Haddon on 12/30/2010. (ACC, )
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Filing 32
ORDER GRANTING 27 Joint MOTION for Extension of Time to File Answer. Defendant Fort Peck Paleontology, Inc. shall answer or otherwise respond to the Complaint by February 4, 2011. Signed by Judge Sam E Haddon on 12/30/2010. (ACC, )
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| Filing 31 Submission of Proposed Order re: 27 Joint MOTION for Extension of Time to File Answer. (Tease, Antoinette) |
| Filing 30 Submission of Proposed Order re: 29 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,. (Griffin, Robert) |
| Filing 29 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, Robert C. Griffin appearing for Defendant John Rabenberg (Griffin, Robert) |
| Filing 28 Unopposed MOTION for Extension of Time to File Answer Thomas G. Bowe appearing for Defendant George D. Stanley, Jr (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion) (Bowe, Thomas) |
| Notice of Correction: re 29 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint. According to Local Rule 7.1 (c)(3) the proposed order is not in compliance. Counsel is directed to prepare a proposed order according to the rule and file the proposed order using docket event Other Filings/Other Documents and choosing Submission of Proposed Order, this will allow you to link back to motion 29 . Counsel is also directed to e-mail this proposed order in a word or word perfect format to chambers. (ACC, ) |
| Filing 27 Joint MOTION for Extension of Time to File Answer Antoinette M. Tease appearing for Defendant Fort Peck Paleontology (Tease, Antoinette) |
| Notice of Correction: re 27 Joint MOTION for Extension of Time to File Answer.According to Local Rule 7.1 (c)(3) the proposed order is not in compliance. Counsel is directed to prepare a proposed order according to the rule and file the proposed order using docket event Other Filings/Other Documents and choosing Submission of Proposed Order, this will allow you to link back to motion 27 . Counsel is also directed to e-mail this proposed order in a word or word perfect format to chambers. (MMS, ) |
| Filing 26 Letter from Clerk of Court to Counsel Santangelo re: PHV admission. (ACC, ) |
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Filing 25
ORDER GRANTING 5 Motion Luke Santangelo to Appear Pro Hac Vice. Mr. Santangelo shall be designated co-lead counsel. FURTHER ORDERED: This Order will be withdrawn unless Mr. Santangelo, within fifteen (15) days from the date of this Order, files an acknowledgment and acceptance of his admission under the terms set forth in Order. Copy of Order and PHV Form Letter mailed to Counsel. Signed by Judge Sam E Haddon on 12/28/2010. (ACC, )
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| Filing 24 Brief/Response to Order re 22 Motion Hearing, filed by Black Hills Institute of Geological Research. (Attachments: # 1 Affidavit) (Krogh, Harlan) Modified on 12/27/2010 to clean up docket text (ACC, ). |
| Filing 23 NOTICE of Appearance by Antoinette M. Tease on behalf of Fort Peck Paleontology (Tease, Antoinette) |
| Filing 22 Minute Entry for MOTION HEARING held 12/20/10 before Honorable Sam E. Haddon in Great Falls, MT, w/Plaintiff Counsel Harlan B. Krogh and Pro Hac Vice Applicant Counsel Luke Santangelo present in person: 11:00 a.m. Matter before Court today is with regard to 5 Motion for Pro Hac Vice of Luke Santangelo. Court w/recap of case to date. Court has previously granted pro hac vice motion of Counsel Kerr. Counsel Kerr has acknowledged terms of admission. Court notes Counsel Kerr is not present as co-lead counsel at today's hearing. Court states reason for today's hearing is Judge Daniel of the District of Colorado found applicant had violated Rule 11(b)(2) and imposed sanctions. Court states Counsel Krogh will be lead counsel, and Counsel Kerr is co-lead counsel. Court states it does not recognize two pro hac vice co-lead counsel. Court wants a complete explanation of what happened with the $132M unresolved issue left hanging by Judge Daniel's Order; what ruling was made, and if there is a record, Court requests copy of that ruling. Court orders counsel to provide an explanation by 12/27/10 as to what happened with the $132M issue left outstanding by Judge Daniel's earlier order. Court wants a decision made as to whether Counsel Kerr is to be relieved as co-lead counsel if Counsel Santangelo is admitted. Counsel Krogh w/statement to Court. Court states it will allow a maximum of two pro hac vice counsel in a case. Counsel Krogh states that Counsel Santangelo will be co-lead counsel in this case, with Counsel Kerr as associate counsel. Court reiterates 12/27/10 deadline. Copy of Minute Entry mailed to Counsel Santangelo. Recess 11:17 a.m. (Court Reporter Tina Brilz.) (SLR, ) |
| Filing 21 AMENDED SUMMONS Returned Executed by Black Hills Institute of Geological Research. Fort Peck Paleontology served on 12/14/2010, answer due 1/4/2011. (Attachments: # 1 Exhibit A) (Krogh, Harlan) Modified on 12/17/2010 to reflect it is the amended return (ACC, ). |
| Filing 20 AMENDED SUMMONS Returned Executed by Black Hills Institute of Geological Research. Dick Barsness served on 12/14/2010, answer due 1/4/2011. (Attachments: # 1 Exhibit A) (Krogh, Harlan) Modified on 12/17/2010 to reflect it is the amended return (ACC, ). |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Fort Peck Paleontology, Inc. on 12/14/2010, filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Dick Barsness on 12/14/2010, filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on John Rabenburg on 12/13/2010, filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Set Deadlines: George D. Stanley, Jr answer due 12/27/2010. (ACC, ) |
| Set Deadlines: John Rabenberg answer due 1/3/2011. (ACC, ) |
| Filing 16 AFFIDAVIT of Service for Complaint served on George D. Stanley, Jr. on 12/09/2010, filed by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 15 AFFIDAVIT of Thomas R. French in Support of 5 MOTION Luke Santangelo to Appear Pro Hac Vice by Black Hills Institute of Geological Research. (Krogh, Harlan) Modified on 12/8/2010 to clean up title of document. (SLR, ). |
| Filing 14 DISREGARD THIS REMARK. The Clerk's Office has received notice that Counsel Kerr is now a registered user with this Court. Counsel does not need to file an Amended Notice with this Court. With regard to the Notice Regarding Electronic Signature re 13 Notice of Acknowledgment of Pro Hac Vice Order filed this date, it has been determined by the Clerk's Office that Counsel will need to file an Amended Notice (with the word "Amended" contained in the title of the document). Counsel Kerr is not a registered user with this Court. The document needs to be refiled using the proper signature format of both attorneys. See L.R. 11.2. The Clerk's Office apologizes for any confusion. Please contact our office at 406-727-1922 if further assistance is required. Copy of entry mailed to Counsel Kerr. (SLR, ) Modified on 12/7/2010 to add language to beginning of entry. NEF has been regenerated. (SLR, ). |
| NOTICE REGARDING ELECTRONIC SIGNATURE/DATE: re 13 Notice of Acknowledgment of Pro Hac Vice Order. The signature on this document does not comply with Local Rules or the CM/ECF Administrative Procedures Manual. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Counsel is reminded that pursuant to L.R. 11.2(a)(1), "Where all signers are registered users and where all consent to the filing, by using the '/s/' electronic signature as to all parties". Counsel Kerr is presently not a registered user with this Court. The document should have been signed using conventional signatures of both attorneys. COUNSEL DOES NOT NEED TO REFILE THIS DOCUMENT. Copy of entry mailed to Counsel Kerr. (SLR, ) |
| Filing 13 NOTICE of Acknowledgment of Pro Hac Vice Order by Black Hills Institute of Geological Research re 8 Order on Motion to Appear Pro Hac Vice, (Krogh, Harlan) |
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Filing 12
ORDER: The Motion to reschedule the hearing is hereby GRANTED. The hearing on the request of Luke Santangelo, Esq. for admission pro hac vice in this matter is rescheduled to 12/20/10 at 11:00 a.m. in Great Falls, MT before Judge Sam E Haddon. Copy of Order mailed to Counsel Santangelo. Signed by Judge Sam E Haddon on 12/2/2010. (SLR, )
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| Filing 11 Unopposed MOTION to Continue Hearing Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit A - Affidavit, # 2 Exhibit B - Order Setting Hearing, # 3 Text of Proposed Order) (Krogh, Harlan) |
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Filing 10
ORDER Setting Hearing on Motion 5 MOTION Luke Santangelo to Appear Pro Hac Vice: The Court will conduct a hearing on the request of Luke Santangelo, Esq., for admission pro hac vice on 12/15/2010 01:00 PM in Great Falls, MT before Judge Sam E Haddon. Mr. Santangelo shall personally appear at the hearing. Signed by Judge Sam E Haddon on 11/30/2010. Copy of Order mailed to Cnsl Santangelo. (ACC, )
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| Filing 9 Letter from Clerk of Court to Counsel Kerr re: PHV admission. (ACC, ) |
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Filing 8
ORDER Granting 7 Motion David S. Kerr to Appear Pro Hac Vice. FURTHER ORDERED: This Order will be withdrawn unless Mr. Kerr, within fifteen (15) days from the date of this Order, files an acknowledgment and acceptance of his admission under the terms set forth above. Copy of Order and PHV Form Letter mailed to Counsel Kerr. Signed by Judge Sam E Haddon on 11/30/2010. (ACC, )
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| Filing 7 Amended MOTION David S. Kerr to Appear Pro Hac Vic. Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit A - Affidavit, # 2 Text of Proposed Order) (Krogh, Harlan) Modified on 11/30/2010 to clean up text - filing fee was paid w/initial motion 4 . (SLR, ). |
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Filing 6
ORDER denying 4 Motion to Appear Pro Hac Vice for David S. Kerr, Esq. The Motion for Pro Hac Vice is DENIED as incomplete. The motion may be resubmitted with an appropriate pro hac vice application. Copy of Order mailed to Counsel Kerr. Signed by Judge Sam E Haddon on 11/30/2010. (SLR, )
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| Filing 5 MOTION Luke Santangelo to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-809859.) Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit A - Affidavit of Luke Santangelo, # 2 Text of Proposed Order) (Krogh, Harlan) |
| Filing 4 MOTION David S. Kerr to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-809808.) Harlan B. Krogh appearing for Plaintiff Black Hills Institute of Geological Research (Attachments: # 1 Exhibit A - Affidavit of David Kerr, # 2 Text of Proposed Order) (Krogh, Harlan) |
| Filing 3 Corporate Disclosure Statement by Black Hills Institute of Geological Research. (Krogh, Harlan) |
| Filing 2 Summons Issued as to Defendants Fort Peck Paleontology, Inc.; George D. Stanley, Jr.; John Rabenberg; and, Dick Barsness. Original issued Summons mailed to Counsel Krogh. (SLR, ) |
| Filing 1 VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants ( Filing fee $ 350 receipt number 0977-809178.), filed by Black Hills Institute of Geological Research. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet, # 13 Summons to be issued.) (Krogh, Harlan) Modified on 11/23/2010 to correct title of document. (SLR, ). |
| NOTICE REGARDING ELECTRONIC SIGNATURE re 1 Complaint. The signatures on this document do not comply with Local Rules or the CM/ECF Administrative Procedures Manual. This notice is for your information for future filings. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY. Counsel is advised that pursuant to L.R. 11.2(c) "In no event may one signature page be signed in the "/s/" electronic form by one party and by hand signature by another party". The document should have been signed conventionally by both individuals. This is for future reference. COUNSEL DOES NOT NEED TO REFILE THIS DOCUMENT. (SLR, ) |
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