Continental Resources, Inc. v. Fisher et al
| Continental Resources, Inc. |
| Rick Fisher and Rosella Fisher |
| 1:2018cv00181 |
| September 7, 2018 |
| US District Court for the District of North Dakota |
| Charles S Miller |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 207 MOTION for New Trial by Continental Resources, Inc. See Doc #204 . (sj) |
| Filing 206 RESPONSE to Motion re #194 MOTION for Attorney Fees and Costs filed by Continental Resources, Inc.. (Whitman, William) |
| Filing 205 MEMORANDUM in Support re #204 MOTION for Judgment as a Matter of Law Renewed Motion for Judgment as a Matter of Law and Alternative Motion for New Trial filed by Continental Resources, Inc.. (Whitman, William) |
| Filing 204 MOTION for Judgment as a Matter of Law Renewed Motion for Judgment as a Matter of Law and Alternative Motion for New Trial by Continental Resources, Inc.. (Whitman, William) |
| DOCKET CORRECTION re: #203 NOTICE of Intent to Request Redaction. Clerk's Office added more complete descriptions to docket text. (sc) |
| Filing 203 NOTICE of Intent to Request Redaction by Cody T Vasut re #199 Transcript of Jury Trial Volume I - 10/4/2022, #200 Transcript of Jury Trial Volume II - 10/5/2022, #201 Transcript of Jury Trial Volume III - 10/6/2022, #202 Transcript of Jury Trial Volume IV - 10/7/2022. (Vasut, Cody) Modified to add more descriptive text on 11/3/2022. NEF regenerated (sc). |
| Filing 202 TRANSCRIPT of Jury Trial Volume IV held on October 7, 2022, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 11/2/2022. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (rc) |
| Filing 201 TRANSCRIPT of Jury Trial Volume III held on October 6, 2022, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 11/2/2022. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (rc) |
| Filing 200 TRANSCRIPT of Jury Trial Volume II held on October 5, 2022, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Notice of Intent to Request Redaction due 11/2/2022. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (rc) |
| Filing 199 TRANSCRIPT of Jury Trial Volume I held on October 4, 2022, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Notice of Intent to Request Redaction due 11/2/2022. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (rc) |
| Filing 198 NOTICE OF FILING OF TRANSCRIPT of Jury Trial held October 4-7, 2022 (rc) |
| Filing 197 *RESTRICTED - WRONG EVENT SELECTED* TRANSCRIPT of Jury Trial held on October 4-7, 2022, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Notice of Intent to Request Redaction due 11/2/2022. Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (rc) Modified on 10/26/2022 to restrict access. (rh) |
| DOCKET CORRECTION re: #197 Transcript. Wrong event selected. Clerk's office restricted access. Filer will re-file with the correct event. (rh) |
| Filing 196 AFFIDAVIT of Derrick Braaten re #194 MOTION for Attorney Fees and Costs by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A to Declaration of Derrick Braaten - Verified Statement of Costs and Fees, #2 Exhibit B to Declaration of Derrick Braaten - Summary of Costs and Fees, #3 Exhibit C to Declaration of Derrick Braaten - Button Petroleum Management Invoices, #4 Exhibit D to Declaration of Derrick Braaten - Hughes Geological Services Invoices, #5 Exhibit E to Declaration of Derrick Braaten - Mineral Valuation Specialists Invoices, #6 Exhibit F to Declaration of Derrick Braaten - Braaten Law Firm Invoices)(Braaten, Derrick) (Attachment 6 replaced on 10/24/2022 to remove overlapping filing headers) (cjs). Regenerated on 10/24/2022 (cjs). |
| Filing 195 MEMORANDUM in Support re #194 MOTION for Attorney Fees and Costs filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 194 MOTION for Attorney Fees and Costs by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 192 CLERK'S JUDGMENT in favor of defendants Rick Fisher and Rosella Fisher against plaintiff Continental Resources, Inc. (rm) |
| Filing 191 JURY VERDICT (Redacted). (rm) |
| Filing 190 SEALED JURY VERDICT. (rm) |
| Filing 189 Final Jury Instructions. (BG) (Main Document 189 replaced on 10/7/2022 to remove additional copies scanned) NEF Regenerated (mf) |
| Filing 188 Preliminary Jury Instructions (BG) |
| Filing 187 Draft Verdict Form (BG) |
| Filing 186 Draft Final Jury Instructions (BG) |
Filing 185
ORDER by Magistrate Judge Charles S. Miller, Jr. denying #184 Motion for Judgment as a Matter of Law (BG)
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| Filing 184 MOTION for Judgment as a Matter of Law by Continental Resources, Inc.. (Whitman, William) (Main Document 184 replaced on 10/6/2022 to remove multiple copies of document) NEF Regenerated (mf) |
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Filing 183
ORDER re Rule 30(b)(6) Deposition Rulings and Exclusion of Certain Third-Party Agreements by Magistrate Judge Charles S. Miller, Jr. (Attachments: #1 Exhibit A)(BG) (Main Document 183 replaced on 10/5/2022 to correct error in document) NEF Regenerated (mf)
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Filing 182
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #178 Motion for Leave to File Under Seal (BG)
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| DOCKET CORRECTION re: #177 Sealed Document Response to Plaintiff's Motion in Limine. Clerk's office added link. (jb) |
| Filing 181 OBJECTION to Proposed Jury Instructions Court's Preliminary Instruction P-3 by Continental Resources, Inc.. (Whitman, William) |
| Filing 180 OBJECTION TO Designation of Deposition Testimony Responses to the Fishers' Objections to Counter Designations and Objections to the Fishers' Additional Designations by Continental Resources, Inc.. (Whitman, William) |
| Filing 179 OBJECTION re #154 Notice (Other) to the Fishers' Notice of Claim for Judicial Estoppel by Continental Resources, Inc.. (Whitman, William) |
| Filing 178 MOTION for Leave to File Under Seal Objections to Deposition Designations and Responses to Objections to Designations by Rick Fisher, Rosella Fisher. (Attachments: #1 Proposed Sealed Document)(Braaten, Derrick) |
| Filing 177 SEALED DOCUMENT Response to Plaintiff's Motion in Limine (148) re #148 MOTION in Limine Regarding Evidence of Compensation Paid Unrelated to Lost Use of or Access to Pore Space by Rick Fisher, Rosella Fisher. (Braaten, Derrick) Modified on 10/4/2022 to add link. (jb) |
| DOCKET CORRECTION re: #176 OBJECTION TO Designation of Deposition Testimony and Responses to Plaintiff's Objections. Clerk's office restricted access to document per request of filer. (jb) |
| Filing 176 *RESTRICTED - ERROR IN DOCUMENT* OBJECTION TO Designation of Deposition Testimony and Responses to Plaintiff's Objections by Rick Fisher, Rosella Fisher. (Braaten, Derrick) Modified on 10/3/2022 to restrict access. (jb) |
| Filing 175 Exhibit List Third Amended by Continental Resources, Inc... (Whitman, William) |
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Filing 174
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #167 Motion for Leave to File Under Seal (BG)
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| *RESTRICTED - FILED IN ERROR* DOCKET CORRECTION re: #168 OBJECTION. Clerk's Office added link. (sj) Modified on 9/28/2022 to restrict access. (sj). |
| DOCKET CORRECTION re: #168 OBJECTION. Clerk's Office removed link that was incorrectly added to docket entry. re: DOCKET CORRECTION filed on 9/28/2022, Clerk's Office restricted access as it was filed in error. (sj) |
| Filing 173 Proposed Jury Instructions and Verdict Form by Continental Resources, Inc.. (Whitman, William) |
| Filing 172 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Final Pretrial Conference held on 9/27/2022. (BG) |
| Filing 171 TRIAL BRIEF by Continental Resources, Inc.. (Whitman, William) |
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Filing 170
ORDER by Magistrate Judge Charles S. Miller, Jr. denying #148 Motion in Limine without prejudice. (BG)
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| Filing 169 TRIAL BRIEF by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 168 OBJECTION to The Fishers' Second Supplemental Exhibit List by Continental Resources, Inc.. (Whitman, William) Modified on 9/28/2022 to add link. (sj). Modified on 9/28/2022 to remove link. (sj). |
| Filing 167 MOTION for Leave to File Under Seal Response to Plaintiff's Motion in Limine by Rick Fisher, Rosella Fisher. (Attachments: #1 Proposed Sealed Document)(Braaten, Derrick) |
| Filing 166 Proposed Jury Instructions and Verdict Form by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| DOCKET CORRECTION re: #165 OBJECTION. Clerk's Office added a link. (sj) |
| DOCKET CORRECTION re: #163 Response. Error in document. Clerk's office restricted access to document per chambers. (mf) |
| Filing 165 OBJECTION TO #161 Designation of Deposition Testimony of Kathryn Liska and Counter-Designations by Continental Resources, Inc.. (Whitman, William) Modified on 9/27/2022 to add link. (sj). |
| Filing 164 Exhibit List Second Amended by Continental Resources, Inc... (Whitman, William) |
| Filing 163 *RESTRICTED - ERROR IN DOCUMENT* RESPONSE to Motion re #148 MOTION in Limine Regarding Evidence of Compensation Paid Unrelated to Lost Use of or Access to Pore Space filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) Modified on 9/27/2022 to restrict access per chambers (mf) |
| Filing 162 Exhibit List (Amended) by Continental Resources, Inc... (Whitman, William) |
| DOCKET CORRECTION re: #160 Notice of Deposition Designation of 30(b)(6) Deposition of Continental Resources, Inc. Wrong event selected. Clerk's office restricted access to document and re-filed as Designation of Deposition Testimony at #161 . (jb) |
| Filing 161 Designation of Deposition Testimony of 30(b)(6) Deposition of Continental Resources, Inc. by Rick Fisher, Rosella Fisher. (jb) |
| Filing 160 *RESTRICTED - WRONG EVENT SELECTED* NOTICE by Rick Fisher, Rosella Fisher of Deposition Designation of 30(b)(6) Deposition of Continental Resources, Inc. (Braaten, Derrick) Modified on 9/21/2022 to restrict access. (jb) |
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Filing 159
ORDER: Final Pretrial Conference set for 9/27/2022 at 2:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG) (Main Document 159 replaced on 9/21/2022 to correct a typographical error.) Regenerated NEF. (jb)
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| Filing 158 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr: Final Pretrial Conference held on 9/20/2022. (BG) |
| Filing 157 Exhibit List by Continental Resources, Inc... (Attachments: #1 Ex. A - Trial Exhibit List)(Whitman, William) |
| Filing 156 NOTICE of Appearance by Cody T Vasut on behalf of Continental Resources, Inc. (Vasut, Cody) |
| Filing 155 NOTICE of Appearance by Lisa Andersen on behalf of Rick Fisher, Rosella Fisher (Andersen, Lisa) |
| Filing 154 NOTICE by Rick Fisher, Rosella Fisher of Claim for Judicial Estoppel (Braaten, Derrick) |
| DOCKET CORRECTION re: #152 SUPPLEMENT. Clerk's Office added exhibit descriptions. (sj) |
| Filing 153 SEALED DOCUMENT re #149 MEMORANDUM in Support,, by Continental Resources, Inc.. (Attachments: #1 Exhibit 4 complete transcript of Liska Depo)(Whitman, William) |
| Filing 152 SUPPLEMENT to document: #149 MEMORANDUM in Support,, by Continental Resources, Inc.. (Attachments: #1 Exhibit 1 - 6.24.2022 Video-Conferenced Deposition of Rick Fisher Taken Through National Court Reporters, #2 Exhibit 2 - 6.24.2022 Video-Conferenced Deposition of Rosella Fisher Taken Through National Court Reporters, #3 Exhibit 6 - 4.27.2022 Transcript of Audiovisual 30(B)(6) Deposition of North Dakota Department of Trust Lands (Michael Humann))(Whitman, William) Modified on 9/9/2022 to add exhibit descriptions. (sj). |
| DOCKET CORRECTION re: #149 Memorandum in Support. Partial deposition transcripts filed as Exhibits 1, 2 and 6. Per Local Rule, filer should re-file a complete transcript using the Supplement event and link it to document #149 ; re: #150 Motion for Leave to File Under Sale. Proposed Exhibit 4 is a partial deposition transcript. Per Local Rule, filer should re-file a complete transcript using the Sealed Document event (Leave of Court has been granted) and link it to #149 . (cjs) |
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Filing 151
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #150 Motion for Leave to File Under Seal. (BG) (Main Document 151 replaced on 9/8/2022 to correct error in document) NEF Regenerated (mf)
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| Filing 150 MOTION for Leave to File Under Seal Exhibits 3 and 4 to Continental's Memorandum ISO Motion in Limine [Dkt. 149] by Continental Resources, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Sealed Document Exhibit 3 - Continental Agreements (Part 1), #3 Proposed Sealed Document Exhibit 3 - Continental Agreements (Part 2), #4 Proposed Sealed Document Exhibit 3 - Continental Agreements (Part 3), #5 Proposed Sealed Document Exhibit 4 - Liska Depo. Excerpts)(Whitman, William) |
| Filing 149 MEMORANDUM in Support re #148 MOTION in Limine Regarding Evidence of Compensation Paid Unrelated to Lost Use of or Access to Pore Space filed by Continental Resources, Inc.. (Attachments: #1 Exhibit 1 Mr. Fisher Depo. Excerpts, #2 Exhibit 2 Mrs. Fisher Depo. Excerpts, #3 Exhibit 3 Continental Agreements (Cover Page), #4 Exhibit 4 Liska Depo. Excerpts (Cover Page), #5 Exhibit 5 ND DTL Agreements (Part 1), #6 Exhibit 5 ND DTL Agreements (Part 2), #7 Exhibit 5 ND DTL Agreements (Part 3), #8 Exhibit 6 Humann Depo. Excerpts, #9 Declaration of Cody Vasut)(Whitman, William) Modified on 9/8/2022 to remove unnecessary docket text(cjs). |
| Filing 148 MOTION in Limine Regarding Evidence of Compensation Paid Unrelated to Lost Use of or Access to Pore Space by Continental Resources, Inc.. (Whitman, William) |
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Filing 147
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #146 Joint Motion and Stipulation for Limited Extension of Motion in Limine Deadline. Motions in limine due by 9/06/2022. Responses to motions in limine due by 9/23/2022. (BG)
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| Filing 146 MOTION for Extension of Time to File "Joint Motion and Stipulation for Limited Extension of Motion in Limine Deadline" by Continental Resources, Inc.. (Whitman, William) |
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Filing 145
ORDER re upcoming trial. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Filing 144
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting defendants' oral motion to extend the deadline to file motions in limine. Motions in limine are due 30 days prior to trial. (BG)
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| Filing 143 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 8/19/2022 (BG) Modified on 8/19/2022 to correct judge association. NEF Regenerated (mf) |
| Filing 142 NOTICE of Hearing: Status Conference set for 8/19/2022 at 01:00 PM by telephone before Magistrate Judge Charles S. Miller Jr. Call-in instructions previously provided by email.(LC) |
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Filing 141
ORDER: Final Pretrial Conference REset for 9/20/2022 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial REset for 10/4/2022 at 9:00 AM in Bismarck Eagle Courtroom before Magistrate Judge Charles S. Miller, Jr. (4 days). The parties shall participate in a settlement conference on or before 8/01/2022. By Magistrate Judge Charles S. Miller, Jr. (FPT and Jury Trial previously set for 7/19/2022 and 8/2/2022) (BG)
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| Filing 140 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 6/16/2022. (BG) |
| Filing 139 NOTICE of Hearing: Status Conference set for 6/16/2022 at 2:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. (BG) |
| Filing 138 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 5/5/2022. (BG) |
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Filing 137
(Text Only) ORDER: Status Conference set for 5/5/2022 at 1:30 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Call in instructions have been provided by separate email. By Magistrate Judge Charles S. Miller, Jr.(BG)
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Filing 136
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #135 Motion for Extension of Time to Complete Discovery Related to Rule 30(b)(6) deposition of plaintiff. (BG) (Main Document 136 replaced on 4/27/2022 to correct error in document) NEF Regnerated (mf)
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| Filing 135 MOTION for Extension of Time to Complete Discovery relating to the 30(b)(6) deposition of Continental Resources, Inc. by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
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Filing 134
ORDER by Magistrate Judge Charles S. Miller, Jr granting in part and denying in part #126 Motion for Protective Order (LC)
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| Filing 133 REPLY to Response to Motion re #126 MOTION for Protective Order filed by Continental Resources, Inc.. (Vasut, Cody) |
| DOCKET CORRECTION re: #130 and #131 Affidavits. Clerk's Office added links; re: #132 Supplement. Clerk's Office added exhibit number and description. (cjs) |
| Filing 132 EXHIBIT 1 - Notice of Deposition re: #127 MEMORANDUM in Support by Continental Resources, Inc.. (Leggette, Lyle) Modified on 4/11/2022 to add description and exhibit number for attachment (cjs). |
| Filing 131 AFFIDAVIT of Derrick Braaten re: #128 Response to Motion by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A to Affidavit of Derrick Braaten - Amended Notice of Deposition)(Braaten, Derrick) Modified on 4/11/2022 to add link (cjs). |
| Filing 130 AFFIDAVIT of Derrick Braaten re: #128 Response to Motion by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A to Affidavit of Derrick Braaten - Notice of Deposition, #2 Exhibit B to Affidavit of Derrick Braaten - Cross Notice of Deposition)(Braaten, Derrick) Modified on 4/11/2022 to add link (cjs). |
| Filing 129 E-Filing Modification Request re #127 MEMORANDUM in Support (jb) |
| Filing 128 RESPONSE to Motion re #126 MOTION for Protective Order filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 127 MEMORANDUM in Support re #126 MOTION for Protective Order filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 126 MOTION for Protective Order by Continental Resources, Inc.. (Leggette, Lyle) |
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Filing 125
ORDER by Magistrate Judge Charles S. Miller, Jr granting in part #121 Motion for Extension of Time to Complete Discovery (LC)
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| Filing 124 RESPONSE to Motion re #121 MOTION for Extension of Time to Complete Discovery filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 123 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 3/21/2022. (BG) |
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Filing 122
(Text Only) ORDER: Status Conference set for 3/21/2022 at 1:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Call in instructions will be provided by separate email. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 121 MOTION for Extension of Time to Complete Discovery by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A to Motion to Extend - Fisher 3rd Set Discovery)(Braaten, Derrick) (Attachment 1 replaced to remove overlapping header on 3/11/2022. NEF regenerated) (pb). |
| Filing 120 NOTICE by Rick Fisher, Rosella Fisher OF ELECTION TO NOT SEEK FUTURE DAMAGES (Braaten, Derrick) |
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Filing 119
ORDER resetting discovery and other pretrial deadlines. By Magistrate Judge Charles S. Miller, Jr. Defendants have until 4/15/2022 to complete discovery, file discovery motions, update responses to discovery requests, and update Rule 26(a)(1) disclosures. Plaintiff has until 6/1/2022 to complete discovery and file discovery motions, update responses to discovery requests, and update Rule 26(a)(1) disclosures. Dispositive motions are due 60 days prior to trial. Motions in limine are due 45 days prior to trial. Trial depositions shall be completed at least 30 days prior to trial. Parties shall participate in a mediation by 6/30/2022. (BG)
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| Set/Reset Deadlines: Defendants have until 4/15/2022 to complete discovery, file discovery motions, update responses to discovery requests, and update Rule 26(a)(1) disclosures. Plaintiff has until 6/1/2022 to complete discovery, file discovery motions, update responses to discovery requests, and update Rule 26(a)(1) disclosures. (cjs) |
| Filing 118 Minute Entry (Text only) for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 12/20/2021. (DR #211220-000 CR v. Fisher.mp3) (BG) |
| Filing 117 STATUS REPORT ON DISCOVERY AND PRE-TRIAL DEADLINES by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 116 STATUS REPORT ON DISCOVERY AND PRE-TRIAL DEADLINES by Continental Resources, Inc.. (Attachments: #1 Proposed Order on Discovery and Pre-trial Deadlines)(Leggette, Lyle) |
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Filing 115
ORDER: Status Conference set for 12/20/2021 at 3:30 PM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Filing 114
ORDER by Magistrate Judge Charles S. Miller, Jr. granting in part and denying in part #68 MOTION to Exclude Certain Expert Opinions of Paul M. Button; granting in part and denying in part #70 Motion to Exclude Certain Expert Testimony of John Manes by Continental Resources, Inc.; granting in part and denying in part #72 Motion for Partial Summary Judgment; denying #87 Motion in Limine re Lenny Carver; granting in part and denying in part #91 Motion in Limine re Mischaracterizations of Continental or its Operation of the 42-17; denying #93 Motion in Limine re Off-Unit, Per Barrel Disposal Rates; granting in part and denying in part #95 Motion in Limine re 42-17 Purportedly Being Drilled into Confining Zone. Defendants election re limitation on present action and reservation of rights due by 12/31/2021. Proposed revisions re additional discovery and pretrial deadlines due by 12/10/2021. (BG)
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| Filing 113 TRANSCRIPT of Telephonic Motion Hearing held on September 3, 2021, before Judge Charles S. Miller, Jr. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Notice of Intent to Request Redaction due 9/17/2021. Redaction Request due 10/1/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/9/2021. (rc) |
| Filing 112 NOTICE OF FILING OF TRANSCRIPT (rc) |
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Filing 111
ORDER: Jury Trial REset for 8/2/2022 at 09:00 AM in Bismarck Eagle Courtroom before Magistrate Judge Charles S. Miller Jr. (Trial Est. 9 days). Final Pretrial Conference REset for 7/19/2022 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller Jr. (Previously set for 10/18/2021 and 10/5/2021, respectively.) By Magistrate Judge Charles S. Miller, Jr. (JS) Modified to add estimated length of trial on 9/13/2021. NEF regenerated (pb).
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| DOCKET CORRECTION re: #106 REPLY to Response to Motion. Exhibits should have been filed as separate attachments. Clerk's Office restricted access to document, separated exhibits, added descriptions, & refiled at #110 ; re: #107 REPLY to Response to Motion. Clerk's Office removed unnecessary docket text. A copy of the Local Rules and Administrative Policy Governing Electronic Filing and Service can be accessed at www.ndd.uscourts.gov. (pb) |
| Filing 110 REPLY to Response to Motion re #87 MOTION in Limine Regarding Lenny Carver filed by Continental Resources, Inc. (Attachments: #1 Declaration of W. Ray Whitman, #2 Exhibit 1 - Continentals Initial Disclosures dated October 25, 2013 in Case No. 1:13-cv-097, #3 Exhibit 2 - Initial Disclosures of Plaintiff Continental Resources, Inc. dated November 2, 2018, #4 Exhibit 3 - Defendants Answers and Objections to Plaintiffs First Set of Interrogatories dated January 21, 2014, #5 Exhibit 4 - Plaintiffs Answers to Defendant/Counterclaimant Continental Resources, Inc.'s Interrogatories, Requests for Production of Documents, and Requests for Admission, dated March 25, 2015)(pb) |
| Filing 109 REPLY to Response to Motion re #93 MOTION in Limine re Off-Unit, Per Barrel Disposal Rates filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 108 REPLY to Response to Motion re #91 MOTION in Limine re Mischaracterizations of Continental or its Operation of the 42-17 filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 107 REPLY to Response to Motion re #95 MOTION in Limine Regarding 42-17 Purportedly Being Drilled into Confining Zone filed by Continental Resources, Inc. (Leggette, Lyle) Modified to remove unnecessary docket text on 9/8/2021 (pb). |
| Filing 106 *RESTRICTED - EXHIBITS SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS* REPLY to Response to Motion re 87 MOTION in Limine Regarding Lenny Carver filed by Continental Resources, Inc. (Attachments: #1 Exhibit Declaration of W. Ray Whitman)(Leggette, Lyle) Modified to restrict access on 9/8/2021 (pb). |
| Filing 105 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Motion Hearing held on 9/3/2021 re #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON, #70 MOTION Exclude Certain Expert Testimony of John Manes, #72 MOTION for Partial Summary Judgment. (Court Reporter RC) (BG) Modified on 9/9/2021 to add text only to the docket entry. NEF regenerated (lf). |
| Filing 104 RESPONSE to Motion re #95 MOTION in Limine Regarding 42-17 Purportedly Being Drilled into Confining Zone filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) Modified on 9/1/2021 to remove unnecessary docket text (mf) |
| Filing 103 RESPONSE to Motion re #93 MOTION in Limine re Off-Unit, Per Barrel Disposal Rates filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 102 RESPONSE to Motion re #91 MOTION in Limine re Mischaracterizations of Continental or its Operation of the 42-17 filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 101 AFFIDAVIT Declaration of Steven Price re #100 Response to Motion by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit 1 - Continental Supplemental Initial Disclosures)(Braaten, Derrick) Modified on 9/1/2021 to remove unnecessary docket text (mf) |
| Filing 100 RESPONSE to Motion re #87 MOTION in Limine Regarding Lenny Carver filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
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Filing 99
ORDER re hearing set for 9/3/2021 at 9:00 AM CDT. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| DOCKET CORRECTION re: #97 Supplement. Wrong event selected and exhibits should have been filed as separate attachments with descriptions. Clerk's Office restricted access to document and re-filed as Affidavit at #98 . (mf) |
| Filing 98 AFFIDAVIT (Declaration of W. Ray Whitman) re #88 MEMORANDUM in Support, by Continental Resources, Inc. (Attachments: #1 Exhibit 1 - Defendant's Rule 26(a)(1) Disclosure, #2 Exhibit 2 - Defendants' Responses to Plaintiff's First Discovery Requests, #3 Exhibit 3 - Email to Opposing Counsel)(mf) |
| Filing 97 *RESTRICTED - WRONG EVENT SELECTED / EXHIBITS SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS TO MAIN DOCUMENT* SUPPLEMENT (Declaration of W. Ray Whitman and Exhibits) to document: #88 MEMORANDUM in Support, by Continental Resources, Inc.. (Leggette, Lyle) Modified on 8/19/2021 to restrict access (mf) |
| Filing 96 E-Filing Modification Request re #88 MEMORANDUM in Support. (cjs) |
| DOCKET CORRECTION re: #89 Motion in Limine. Wrong document attached. Clerk's Office restricted access to document. Filer re-filed correct document at #95 ; re: #90 Memorandum in Support. Clerk's Office corrected link; re: #95 Motion in Limine. Clerk's Office removed excess language from docket text. (cjs) |
| Filing 95 MOTION in Limine Regarding 42-17 Purportedly Being Drilled into Confining Zone by Continental Resources, Inc.. (Leggette, Lyle) Modified on 8/18/2021 to remove excess docket language (cjs). |
| Filing 94 MEMORANDUM in Support re #93 MOTION in Limine re Off-Unit, Per Barrel Disposal Rates filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 93 MOTION in Limine re Off-Unit, Per Barrel Disposal Rates by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 92 MEMORANDUM in Support re #91 MOTION in Limine re Mischaracterizations of Continental or its Operation of the 42-17 filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 91 MOTION in Limine re Mischaracterizations of Continental or its Operation of the 42-17 by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 90 MEMORANDUM in Support re #95 MOTION in Limine re the Well Tract of the 42-17 Purportedly Being Drilled into the Confining Zone filed by Continental Resources, Inc.. (Leggette, Lyle) Modified on 8/18/2021 to correct link(cjs). |
| Filing 89 *RESTRICTED-WRONG DOCUMENT ATTACHED* MOTION in Limine re the Well Tract of the 42-17 Purportedly Being Drilled into the Confining Zone by Continental Resources, Inc.. (Leggette, Lyle) Modified on 8/18/2021 to restrict access. Filer re-filed correct motion at #95 . (cjs). |
| Filing 88 MEMORANDUM in Support re #87 MOTION in Limine Regarding Lenny Carver filed by Continental Resources, Inc.. (Attachments: #1 *RESTRICTED-WRONG DOCUMENT ATTACHED* Exhibit 1)(Leggette, Lyle) Modified on 8/18/2021 to restrict access to exhibit (cjs). |
| Filing 87 MOTION in Limine Regarding Lenny Carver by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 86 AMENDED NOTICE of Hearing on #72 MOTION for Partial Summary Judgment on Damages, #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON, #70 MOTION Exclude Certain Expert Testimony of John Manes: Motion Hearing REset for 9/3/2021 at 9:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. Call in instructions have been provided by separate email. (Hearing Previously set for 8/27/2021) (BG) |
| Filing 85 NOTICE of Hearing #72 MOTION for Partial Summary Judgment, #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON, #70 MOTION Exclude Certain Expert Testimony of John Manes: Motion Hearing set for 8/27/2021 at 9:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. Call in instructions shall be provided by separate email. (BG) |
| Filing 84 OBJECTION re #80 Affidavit, #79 Response to Motion (Objections to Fishers' Summary Judgment Evidence) by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 83 REPLY to Response to Motion re #72 MOTION for Partial Summary Judgment on Damages filed by Continental Resources, Inc.. (Leggette, Lyle) |
| DOCKET CORRECTION re: #77 SURREPLY. Wrong event selected. Clerks office restricted access to document. Counsel has re-filed as REPLY to Response to Motion at #81 ; #78 SURREPLY. Wrong event selected. Clerks office restricted access to document and re-filed as REPLY to Response to Motion at #82 ; #80 AFFIDAVIT. Clerks office added more completed descriptions to attachments and removed duplicative language from docket text; #81 REPLY to Response to Motion. Clerks office added exhibit letter 'C' to docket text. (js) |
| Filing 82 REPLY to Response to Motion re #70 MOTION Exclude Certain Expert Testimony of John Manes filed by Continental Resources, Inc. (js) |
| Filing 81 REPLY to Response to Motion re #68 MOTION to Exclude Certain Expert Opinions of Paul M. Button filed by Continental Resources, Inc. (Attachments: #1 Exhibit C - 8/25/2020 Letter from Derrick Braaten, counsel or the Fishers, to counsel for Continental)(Leggette, Lyle) Modified on 8/2/2021 to add exhibit letter to docket text. (js) |
| Filing 80 AFFIDAVIT of Steven Price re #79 Response to Motion by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A - Defendants' Supplemental Rule 26(a)(1) Disclosures, #2 Exhibit B -Defendants' Supplemental Responses to Plaintiff's First Discovery Requests, #3 Exhibit C - Well Bore Cross Section)(Braaten, Derrick) Modified on 8/2/2021 to add more complete descriptions to attachments and remove duplicative docket text. (js) |
| Filing 79 RESPONSE to Motion re #72 MOTION for Partial Summary Judgment on Damages filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 78 *RESTRICTED - WRONG EVENT SELECTED* SURREPLY to #70 MOTION Exclude Certain Expert Testimony of John Manes filed by Continental Resources, Inc. (Leggette, Lyle) Modified on 8/2/2021 to restrict access. (js) |
| Filing 77 *RESTRICTED - WRONG EVENT SELECTED* SURREPLY to #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON filed by Continental Resources, Inc.. (Attachments: #1 Exhibit C)(Leggette, Lyle) Modified on 8/2/2021 to restrict access. (js) |
| Filing 76 RESPONSE to Motion re #70 MOTION Exclude Certain Expert Testimony of John Manes filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| Filing 75 AFFIDAVIT of Steven Price re #74 Response to Motion by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A to Decl. of Steven Price - McBeath Deposition Transcript, #2 Exhibit B to Decl. of Steven Price - Deposition Exh. 54, McBeath Report with exhibits, #3 Exhibit C to Decl. of Steven Price - Fisher 2nd Set RfP to Plaintiffs, #4 Exhibit D to Decl. of Steven Price - Continental Responses to 2nd Set of RfP, #5 Exhibit E to Decl. of Steven Price - NDIC Order No. 19309)(Braaten, Derrick) |
| Filing 74 RESPONSE to Motion re #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| DOCKET CORRECTION re: #69 MEMORANDUM, #71 MEMORANDUM, AND #73 MEMORANDUM. Clerk's Office added descriptions to attachments. (sj) |
| Filing 73 MEMORANDUM in Support re #72 MOTION for Partial Summary Judgment on Damages filed by Continental Resources, Inc.. (Attachments: #1 Exhibit A - Declaration of W. Ray Whitman, #2 Exhibit A-1 - Defendant's Rule 26(a)(1) Disclosures, #3 Exhibit A-2 - Defendants' Expert Witness Disclosures)(Leggette, Lyle) Modified on 7/12/2021 to add exhibit descriptions. (sj). |
| Filing 72 MOTION for Partial Summary Judgment on Damages by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 71 MEMORANDUM in Support re #70 MOTION Exclude Certain Expert Testimony of John Manes filed by Continental Resources, Inc.. (Attachments: #1 Exhibit A - Declaration of W. Ray Whitman, #2 Exhibit A-1 - Deposition of John J. Manes, #3 Exhibit A-2 - Letter to Mr. Braaten RE: Valuation Services Assignment Dated: March 1, 2021, #4 Exhibit A-3 - Letter to John Manes RE: Valuation Services Assignment Dated: February 11, 2021)(Leggette, Lyle) Modified on 7/12/2021 to add exhibit descriptions. (sj). |
| Filing 70 MOTION Exclude Certain Expert Testimony of John Manes by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 69 MEMORANDUM in Support re #68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON filed by Continental Resources, Inc.. (Attachments: #1 Exhibit A - Declaration of W. Ray Whitman, #2 Exhibit A-1 - Deposition of Paul M. Button, #3 Exhibit A1-2 - Report of Expert Witness Paul M. Button and Gary Hughes, #4 Exhibit A-3 - Expert Report of John C. McBeath, #5 Exhibit A-4 - Deposition of Gary Hughes, #6 Exhibit A-5 - Order of the Commission Dated: August 26, 1996, #7 Exhibit B - Declaration of John C. McBeath )(Leggette, Lyle) Modified on 7/12/2021 to add exhibit descriptions. (sj). |
| Filing 68 MOTION TO EXCLUDE CERTAIN EXPERT OPINIONS OF PAUL M. BUTTON by Continental Resources, Inc.. (Leggette, Lyle) |
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Filing 67
(Text Only) ORDER granting #66 MOTION to Amend/Correct #53 Order. Dispositive Motions other than those required to be filed earlier due by 7/9/2021. Expert Discovery due June 30, 2021. By Magistrate Judge Charles S. Miller, Jr. (JS)
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| Set/Reset Scheduling Order Deadlines: Discovery Depositions of Expert Witnesses due by 6/30/2021. (cjs) |
| Filing 66 MOTION to Amend/Correct #53 Order,,,, Terminate Motions,,,, Set Deadlines/Hearings,,, Joint Motion and Stipulation by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
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Filing 65
(Text Only) ORDER granting #64 MOTION for Extension of Time re Plaintiff's Responsive Expert Disclosures and Defendants' Rebuttal Expert Disclosures. Plaintiff(s) Responsive Expert Disclosures due by 4/15/2021. Defendant(s) Rebuttal Expert Disclosures due by 5/14/2021. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 64 MOTION for Extension of Time to File Plaintiff's Responsive Expert Disclosures and Defendants' Rebuttal Expert Disclosures by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 63 NOTICE of Appearance by William Ray Whitman on behalf of Continental Resources, Inc. (Whitman, William) |
| Filing 62 NOTICE by Rick Fisher, Rosella Fisher Notice of Withdrawal of Counsel -- JJ England (England, JJ) |
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Filing 61
ORDER by Magistrate Judge Charles S. Miller, Jr. granting in part and denying in part #50 Motion for Partial Summary Judgment; granting in part and denying in part #56 Motion for Summary Judgment. (BG)
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| Filing 60 NOTICE by Rick Fisher, Rosella Fisher re #50 MOTION for Partial Summary Judgment , #56 MOTION for Summary Judgment (Cross Motion) (Attachments: #1 Supplemental Authority -- State Court Decision Declaring SB2344 Unconstitutional)(Braaten, Derrick) |
| Filing 59 REPLY to Response to Motion re #56 MOTION for Summary Judgment (Cross Motion) filed by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 58 RESPONSE to Motion re #56 MOTION for Summary Judgment (Cross Motion) filed by Rick Fisher, Rosella Fisher. (Attachments: #1 Declaration of Paul Button, #2 Exhibit A to Declaration of Paul Button (CV))(Braaten, Derrick) |
| Filing 57 MEMORANDUM in Support re #56 MOTION for Summary Judgment (Cross Motion) filed by Continental Resources, Inc.. (Attachments: #1 Exhibit Attachment 1 - Declaration of T. Botchlet, #2 Exhibit 1 to Botchlet Decl., #3 Exhibit 2 to Botchlet Decl., #4 Exhibit 3 to Botchlet Decl., #5 Exhibit 4 to Botchlet Decl., #6 Exhibit 5 to Botchlet Decl., #7 Exhibit 6 to Botchlet Decl., #8 Exhibit 7 to Botchlet Decl., #9 Exhibit 8 to Botchlet Decl., #10 Exhibit 9 to Botchlet Decl., #11 Exhibit 10 to Botchlet Decl., #12 Exhibit Attachment 2 - Declaration of AJ Meier, #13 Exhibit Part 1 to Exh 1 of Meier Decl., #14 Exhibit Part 2 to Exh 1 of Meier Decl, #15 Exhibit Part 3 to Exh 1 of Meier Decl., #16 Exhibit 2 to Meier Decl., #17 Exhibit 3 to Meier Decl., #18 Exhibit 4 to Meier Decl., #19 Exhibit 5 to Meier Decl., #20 Exhibit 6 to Meier Decl., #21 Exhibit Attachment 3 - Territory of Dakota 1877 Code)(Leggette, Lyle) |
| Filing 56 MOTION for Summary Judgment (Cross Motion) by Continental Resources, Inc.. (Leggette, Lyle) |
| Filing 55 REPLY to Response to Motion re #50 MOTION for Partial Summary Judgment filed by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A -- Judge Hovland's Order Dated October 8, 2015)(Braaten, Derrick) (Attachment 1 replaced on 11/2/2020 to remove overlapping filing headers) (cjs). Regenerated on 11/2/2020 (cjs). |
| Filing 54 RESPONSE to Motion re #50 MOTION for Partial Summary Judgment filed by Continental Resources, Inc.. (Leggette, Lyle) |
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Filing 53
ORDER granting in part and denying in part #43 MOTION to Amend/Correct Schedule; finding #47 MOTION for Hearing moot. Discovery Depositions of Expert Witnesses due by 6/15/2021. Plaintiff(s) Expert Witness Disclosures and Reports due by 4/1/2021. Defendant(s) Expert Witness Disclosures and Reports due by 3/1/2021. Defendant(s) Rebuttal Expert Disclosures due by 4/30/2021. Summary Judgment Motions based on legal grounds and notrequiring resolution of disputed facts due by 12/1/2020. Other Dispositive Motions due by 6/15/2021. Final Pretrial Conference set for 10/5/2021 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial set for 10/18/2021 at 9:00 AM in Bismarck Eagle Courtroom before Magistrate Judge Charles S. Miller, Jr. (10 days). By Magistrate Judge Charles S. Miller, Jr.(BG)
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| Filing 52 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 9/28/2020. (BG) |
| Filing 51 MEMORANDUM in Support re #50 MOTION for Partial Summary Judgment filed by Rick Fisher, Rosella Fisher. (Attachments: #1 Declaration of Steven Price, #2 Exhibit A -- Well Scout Ticket Data for Lonesome Dove 42-17 SWD, #3 Exhibit B -- Monthly Injection Volumes for Lonesome Dove 42-17 SWD)(Braaten, Derrick) |
| Filing 50 MOTION for Partial Summary Judgment by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
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Filing 49
ORDER: Status Conference set for 9/28/2020 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 48 REPLY to Response to Motion re #43 MOTION to Amend/Correct Schedule filed by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
| DOCKET CORRECTION re: #46 RESPONSE to Motion. Clerk's Office added descriptions to attachments. Pursuant to Administrative Policy Section XIII(A) each attachment must contain a description of sufficient detail to make the attachment readily identifiable to the court. See Guide to Filing Attachments on our website for further instruction. www.ndd.uscourts.gov. (pb) |
| DOCKET CORRECTION re: #47 MOTION for Hearing. Clerk's Office removed unnecessary links. (pb) |
| Filing 47 MOTION for Hearing re #43 MOTION to Amend/Correct Schedule by Continental Resources, Inc. (Leggette, Lyle) Modified to remove unnecessary links on 9/14/2020 (pb). |
| Filing 46 RESPONSE to Motion re #43 MOTION to Amend/Correct Schedule filed by Continental Resources, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Letter from Mr. Derrick Braaten to L. Poe Leggette (08/25/20), #3 Exhibit 2-Plaintiffs Expert Witness Disclosure, Fisher I (12/01/14), #4 Exhibit 3-Defendants Responses & Objections to Plaintiffs 2nd Set of RFP, #5 Exhibit 4-Defendants First Set of ROGS, RFP, & RFA (04/17/19), #6 Exhibit 5-Continentals Response to Defendants 1st Set of Discovery (05/24/19), #7 Exhibit 6-Defendants 2nd Set of RFP to Plaintiff (05/21/20), #8 Exhibit 7-Letter from Mr. L. Poe Leggette to Mr. Derrick Braaten (06/17/20), #9 Exhibit 8-Letter from L. Poe. Leggette to Mr. Derrick Braaten (09/01/20), #10 Exhibit 9-Continentals Response to Defendants 2nd Set of RFP (06/29/20))(Leggette, Lyle) Modified to add descriptions to attachments on 9/14/2020 (pb). |
| Filing 45 AFFIDAVIT of Derrick Braaten re #44 MEMORANDUM in Support, by Rick Fisher, Rosella Fisher. (Braaten, Derrick) NOTE: Exhibits are attached to the Memorandum at doc. #44 . |
| Filing 44 MEMORANDUM in Support re #43 MOTION to Amend/Correct Schedule filed by Rick Fisher, Rosella Fisher. (Attachments: #1 Exhibit A-Fishers' Second Set of Requests for Production to Continental, #2 Exhibit B-Continental's Responses to Fishers' Second Set of Requests for Production, #3 Exhibit C-letter dated June 17, 2020 sent by Leggette to Braaten, #4 Exhibit D-letter dated August 25, 2020 sent by Braaten to Leggette)(Braaten, Derrick) |
| Filing 43 MOTION to Amend/Correct Schedule by Rick Fisher, Rosella Fisher. (Braaten, Derrick) |
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Filing 42
(Text Only) ORDER granting #41 Joint Motion and Stipulation to Reset Scheduling Order. Discovery due by 8/3/2020. Discovery Motions due by 8/3/2020. Discovery Depositions of Expert Witnesses due by 12/14/2020. Plaintiff(s) Expert Witness Disclosures and Reports due by 10/2/20202. Defendant(s) Expert Witness Disclosures and Reports due by 8/31/2020. Plaintiff(s) Rebuttal Expert Disclosures due by 10/2/2020. Defendant(s) Rebuttal Expert Disclosures due by 11/10/2020. Dispositive Motions due by 1/12/2021. By Magistrate Judge Charles S. Miller, Jr. (BG) Modified on 3/23/2020 to add deadline for Plaintiff(s) Expert Witness Disclosure. NEF regenerated (am).
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| Set/Reset Scheduling Order Deadlines: Plaintiff(s) Expert Witness Disclosures and Reports due by 10/2/2020. See Order at 42 . (am) |
| Filing 41 MOTION to Amend/Correct 32 Order,, Set Deadlines, Joint Motion and Stipulation to Reset Scheduling Order by Continental Resources, Inc.. (Obrecht, Alexander) |
| Filing 40 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr: Status Conference held on 1/30/2020. (JS) |
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Filing 39
(Text Only) ORDER: Jury Trial set for May 4, 2020, and Final Pretrial Conference set for 4/21/2020 are CANCELLED. They will be rescheduled upon submission of the parties' revised proposed scheduling plan. By Magistrate Judge Charles S. Miller, Jr. (JS)
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| Filing 38 NOTICE of Appearance by JJ William England on behalf of Rick Fisher, Rosella Fisher (England, JJ) |
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Filing 37
ORDER granting #36 MOTION for Status Conference. Status Conference set for 1/30/2020 at 1:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. The court shall initiate the conference call. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 36 MOTION Status Conference by Continental Resources, Inc.. (Attachments: #1 Proposed Order)(Leggette, Lyle) |
| Filing 35 NOTICE of Substitution of Attorney and Potential Amendments to Scheduling Order by Lyle Poe Leggette on behalf of Continental Resources, Inc. (Leggette, Lyle) Modified on 7/19/2019 to add additional text. (as) |
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Filing 34
ORDER Adopting Stipulation re #33 Stipulation filed by Rosella Fisher, Rick Fisher by Magistrate Judge Clare R. Hochhalter.(GD) (Main Document 34 replaced on 6/19/2019 to correct date in order and judge's signature) (cjs). Regenerated on 6/19/2019 (cjs).
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| Filing 33 STIPULATION for Substitution of Counsel for Defendants by Rick Fisher, Rosella Fisher. (Wenko, Christina) |
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Filing 32
(Text Only) ORDER adopting #31 Joint Stipulation Regarding Discovery Schedule. Discovery due by 7/1/2019. Plaintiff(s) Expert Witness Disclosures and Reports due by 7/31/2019. Defendant(s) Expert Witness Disclosures and Reports due by 9/2/2019. Plaintiff(s) Rebuttal Expert Disclosures due by 10/11/2019. Defendant(s) Rebuttal Expert Disclosures due by 9/2/2019. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 31 STIPULATION Regarding Discovery Schedule (Joint) by Continental Resources, Inc.. (Attachments: #1 Proposed Order)(Leggette, Lyle) |
| Filing 30 NOTICE of Hearing: Jury Trial RESET for 5/4/2020 at 9:00 AM in Bismarck Eagle Courtroom before Magistrate Judge Charles S. Miller Jr. (10 days) (courtroom change only). (rm) |
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Filing 29
ORDER granting #25 MOTION to Amend/Correct #17 Scheduling Order and adopting Stipuation. Discovery due by 5/31/2019. Expert Discovery due by 11/12/2019. Plaintiff(s) Expert Witness Disclosures and Reports due by 6/28/2019. Defendant(s) Expert Witness Disclosures and Reports due by 8/28/2019. Plaintiff(s) Rebuttal Expert Disclosures due by 10/11/2019. Defendant(s) Rebuttal Expert Disclosures due by 8/28/2019. Dispositive Motions due by 12/12/2019. Final Pretrial Conference REset for 4/21/2020 at 2:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial REset for 5/4/2020 at 9:00 AM in Bismarck Courtroom 2 before Magistrate Judge Charles S. Miller, Jr. (10 days). By Magistrate Judge Charles S. Miller, Jr. (FPT and Jury trial previously set for 1/2/2020 and 1/13/2020). (BG)
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| Filing 28 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 4/18/2019. (BG) |
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Filing 27
(Text Only) AMENDED ORDER: Status Conference set for 4/18/2019 at 11:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. To participate in the conference, counsel should call the number and enter the access code provided by separate email. By Magistrate Judge Charles S. Miller, Jr. (amended to reflect that counsel will call in to conference)(BG)
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Filing 26
(Text Only) ORDER: Status Conference set for 4/18/2019 at 11:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. The court shall initiate the conference call. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 25 MOTION to Amend/Correct #17 Scheduling Order,, and Stipuation by Continental Resources, Inc.. (Attachments: #1 Proposed Order)(Leggette, Lyle) |
| Filing 24 NOTICE of Appearance by Lyle Poe Leggette on behalf of Continental Resources, Inc. (Leggette, Lyle) |
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Filing 23
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #22 Motion to Withdraw as Attorney. Attorneys Bradley S. Keller and Paul R. Taylor terminated. (BG)
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| Filing 22 MOTION to Withdraw as Attorney by Continental Resources, Inc. (Bender, Lawrence) Modified on 3/21/2019 to correct event type - NEF Regenerated. (js) |
| DOCKET CORRECTION re: #22 NOTICE. Document should have been filed as a motion. Clerks Office corrected the event from NOTICE to MOTION to Withdraw as Attorney and regenerated the NEF. (js) |
| Filing 21 NOTICE of Appearance by Alexander K Obrecht on behalf of Continental Resources, Inc. (Obrecht, Alexander) |
| Filing 20 ANSWER to Counterclaim #5 by Continental Resources, Inc..(Bender, Lawrence) |
| Filing 19 NOTICE of Hearing: Jury Trial (5 days) set for 1/13/2020 at 09:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland. (GD) |
| Filing 18 NOTICE of Hearing: Final Pretrial Conference set for 1/2/2020 at 02:00 PM in by telephone before Magistrate Judge Charles S. Miller Jr.(GD) |
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Filing 17
SCHEDULING ORDER by Magistrate Judge Charles S. Miller, Jr. Discovery due by 5/5/2019. Discovery Motions due by 5/5/2019. Plaintiff(s) Expert Witness Disclosures and Reports due by 3/1/2019. Defendant(s) Expert Witness Disclosures and Reports due by 5/1/2019. Plaintiff(s) Rebuttal Expert Disclosures due by 6/15/2019. Defendant(s) Rebuttal Expert Disclosures due by 5/1/2019. Expert Discovery due by 7/15/2019. Joinder of Parties due by 12/3/2018. Amended Pleadings due by 12/3/2018. Other Nondispositive Motions due by 12/3/2018. Threshold Motions due by 12/3/2018. Dispositive Motions due by 8/15/2019.(GD)
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr: Scheduling Conference held on 10/15/2018. (GD) |
| Filing 15 CONSENT/REASSIGNMENT FORM by Rosella Fisher. (cjs) |
| Filing 14 CONSENT/REASSIGNMENT FORM by Rick Fisher. (cjs) |
| Filing 13 NOTICE of Direct Assignment as to Rosella Fisher. Consent/Reassignment Form due by 10/12/2018. (as) |
| Filing 12 NOTICE of Direct Assignment as to Rick Fisher. Consent/Reassignment Form due by 10/12/2018. (as) |
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Filing 11
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #8 Motion for Leave to Appear Pro Hac Vice for Attorney Paul R. Taylor. (GD) Regenerated NEF to Attorney Taylor on 9/27/2018 (am).
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Filing 10
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #7 Motion for Leave to Appear Pro Hac Vice for Attorney Bradley S. Keller. (GD) Regenerated NEF to Attorney Keller on 9/27/2018 (am).
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Filing 9
ORDER, (Scheduling Conference set for 10/15/2018 at 01:30 PM by telephone before Magistrate Judge Charles S. Miller J.) by Magistrate Judge Charles S. Miller, Jr.(GD)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice Attorney Paul R. Taylor (Filing fee $150, receipt number 118001519) by Continental Resources, Inc.. (am) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Attorney Bradley S. Keller (Filing fee $150, receipt number 118001519) by Continental Resources, Inc.. (am) |
| Filing 6 CERTIFICATE OF SERVICE by Rick Fisher, Rosella Fisher re #5 Answer to Complaint, Counterclaim (Wenko, Christina) |
| Filing 5 ANSWER to Complaint , COUNTERCLAIM against Continental Resources, Inc. by Rosella Fisher, Rick Fisher. (Attachments: #1 Exhibit ND Supreme Court Opinion, #2 Exhibit ND Supreme Court Judgment)(Wenko, Christina) |
| Filing 4 CONSENT/REASSIGNMENT FORM by Continental Resources, Inc. (rh) |
| Filing 3 Summons Issued as to Rick Fisher, Rosella Fisher. (am) |
| Filing 2 NOTICE of Direct Assignment as to Continental Resources, Inc.. Consent/Reassignment Form due by 9/21/2018. (am) |
| Filing 1 COMPLAINT against Rick Fisher, Rosella Fisher (Filing fee $400, receipt number 118001452) filed by Continental Resources, Inc.. (Attachments: #1 Exhibit 1 - Notice of Removal, #2 Exhibit 2 - Answer and Counterclaim, #3 Exhibit 3 - Order of Dismissal, #4 Civil Cover Sheet)(am) (Attachment 2 and 3 replaced on 9/17/2018 to remove double header.) (as). |
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