Thunderhawk et al v. Morton, County of, North Dakota et al
| Waste'Win Young, Reverend John Floberg, Cissy Thunderhawk and Jose Zhagnay |
| Governor Doug Burgum, Tigerswan LLC, Superintendent Michael Gerhardt, Jr., Morton, County of, North Dakota, Does 1 to 100, Former Governor Jack Dalrymple, Director Grant Levi and Sheriff Kyle Kirchmeier |
| 1:2018cv00212 |
| October 19, 2018 |
| US District Court for the District of North Dakota |
| Daniel L Hovland |
| Charles S Miller |
| Daniel M Traynor |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 165
(Text Only) ORDER by Judge Daniel M. Traynor granting #163 Motion for Leave to File Excess Pages for Supplemental Brief on Qualified Immunity. Plaintiffs may submit their supplemental brief up to 37 pages in length. (CK)
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| DOCKET CORRECTION re: #164 RESPONSE to Motion. Clerk's Office linked to correct documents. (sj) |
| Filing 164 RESPONSE to #160 MEMORANDUM in Support (Supplemental Brief on Qualified Immunity) and #161 SUPPLEMENT Brief on Qualified Immunity to document: 52 MEMORANDUM in Support filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) Modified on 10/6/2022 to correct links. (sj). |
| Filing 163 MOTION for Leave to File Excess Pages for Supplemental Brief on Qualified Immunity by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
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Filing 162
PROTECTIVE ORDER by Magistrate Judge Charles S. Miller, Jr. (BG)
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| DOCKET CORRECTION re: #160 MEMORANDUM IN SUPPORT. Clerk's Office corrected link at the request of chambers. (sj) |
| Filing 161 SUPPLEMENT Brief on Qualified Immunity to document: #52 MEMORANDUM in Support by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 160 MEMORANDUM in Support (Supplemental Brief on Qualified Immunity) re #48 MOTION to Dismiss for Failure to State a Claim filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) Modified on 9/1/2022 to correct link per Chambers. (sj). |
| Filing 159 MOTION for Protective Order (stipulated) by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Stipulated Protective Order)(Knight, Amy) |
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Filing 158
ORDER by Judge Daniel M. Traynor granting #156 Joint Motion for Supplemental Briefing Following Remand. Separate supplemental briefs from Sheriff Kirchmeier and the State Defendants (not to exceed 20 pages each) shall be filed on or before August 31, 2022. A consolidated responsive brief from the Plaintiffs (not to exceed 30 pages) shall be filed on or before October 5, 2022. (SE)
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| Filing 157 MANDATE of USCA as to #104 Notice of Interlocutory Appeal, filed by Grant Levi, Michael Gerhardt, Jr., Doug Burgum, Jack Dalrymple, #105 Notice of Interlocutory Appeal, filed by Kyle Kirchmeier, Morton, County of, North Dakota (mf) |
| Filing 156 Joint Motion for Supplemental Briefing Following Remand by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) Modified on 7/21/2022 to clarify docket text(cjs). |
| Filing 155 USCA JUDGMENT as to #104 Notice of Interlocutory Appeal, filed by Grant Levi, Michael Gerhardt, Jr., Doug Burgum, Jack Dalrymple, #105 Notice of Interlocutory Appeal, filed by Kyle Kirchmeier, Morton, County of, North Dakota. Judgment of the district court is reversed and remanded in accordance with the opinion. (Attachments: #1 Court of Appeals Opinion)(jb) |
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Filing 154
ORDER by Judge Daniel M. Traynor denying without prejudice #121 Motion to Amend/Correct; denying without prejudice 122 Motion for Reconsideration (SE)
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Filing 153
ORDER by Judge Daniel M. Traynor granting in part and denying in part #149 Motion to Compel. (SR)
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| Filing 152 REPLY to Response to Motion re #149 MOTION to Compel filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 151 AFFIDAVIT /Declaration of Benjamin J. Hasbrouck re #150 Response to Motion by Tigerswan LLC. (Attachments: #1 Exhibit A: Energy Transfer Complaint, #2 Exhibit B: Boughey letter of 10/29/20, #3 Exhibit C: TigerSwan's Initial Disclosures, #4 Exhibit D: Email exchange ending 9/15/21, #5 Exhibit E: Amy Knight email to Judge Miller dated 7-22-21)(Hasbrouck, Benjamin) |
| Filing 150 RESPONSE to Motion re #149 MOTION to Compel filed by Tigerswan LLC. (Hasbrouck, Benjamin) |
| DOCKET CORRECTION re: #149 Supplement. Clerk's office changed to Motion to Compel per Chamber's request, added descriptions to exhibits, replaced Exhibits 1 and 5 to remove double headers, and regenerated the NEF. (jb) |
| Filing 149 MOTION to Compel TigerSwan's Full and Complete Discovery Responses by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Exhibit 1 - TigerSwan July 26, 2021 Email, #2 Exhibit 2 - TigerSwan Response to Interrogatories, #3 Exhibit 3 - Smith-Drelich - Boughey Email Chain, #4 Exhibit 4 - Plaintiffs First Discovery Requests to TigerSwan, #5 Exhibit 5 - A. Knight August 16, 2021 Email to TigerSwan, #6 Exhibit 6 - Order Denying Motion to Seal Discovery Materials, #7 Exhibit 7 - TigerSwans Professional Services Agreement with ETP, #8 Exhibit 8 - J. Reese Affidavit, #9 Exhibit 9 - B. Stoll Document Preservation Notices, #10 Exhibit 10 - B. Stoll Document Preservation Notices, #11 Exhibit 11 - R. Flynn Document Preservation Notices, #12 Exhibit 12 - A. Knight July 22, 2021 Letter to Court, #13 Exhibit 13 - TigerSwan's Rule 26(a) Disclosure, #14 Exhibit 14 - NDPISBs Reply to TigerSwan-Reese Supplemental Response, #15 Exhibit 15 - August 17, 2020 Recommended Order, #16 Exhibit 16 - January 2020 Order)(Knight, Amy) Modified on 9/8/2021 to correct event and add exhibit descriptions. Exhibits 1 and 5 replaced to remove double headers. Regenerated NEF. (jb) |
| Filing 148 E-Filing Modification Request re #147 MOTION to Compel TigerSwan's Full and Complete Discovery Responses (cjs) |
| Filing 147 *RESTRICTED - DUPLICATE PLEADING. SEE DOC. NO. #149 * MOTION to Compel TigerSwan's Full and Complete Discovery Responses by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. *RESTRICTED-SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS* (Attachments: #1 Exhibit)(Smith-Drelich, Noah) Modified on 9/3/2021 to restrict access to exhibit (cjs). Modified on 9/8/2021 to restrict access to main document. (jb) |
| Filing 146 Minute Entry for proceedings held before Judge Daniel M. Traynor: Status Conference held on 8/16/2021. (Court Reporter RC) (jr) |
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Filing 145
ORDER setting deadline for final response to plaintiffs' document requests. Defendant Tigerswan, LLC's full responses to plaintiffs' document requests due by 8/6/2021. Plaintiffs are authorized to file a motion to compel if dissatisfied with responses. By Magistrate Judge Charles S. Miller, Jr. (BG) (Main Document 145 replaced on 7/28/2021 to correct date of order) (cjs). Regenerated on 7/28/2021 (cjs).
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| Filing 144 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference re: Discovery Dispute held on 7/27/2021. (BG) |
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Filing 143
(Text Only) ORDER: Status Conference re: Discovery Dispute set for 7/27/2021 at 10:30 AM 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 142
(Text Only) ORDER by Judge Daniel M. Traynor GRANTING #139 Motion for Extension of Time to Complete Discovery and finding as moot #139 Motion to Expedite. County Defendants' deadline to respond to Plaintiffs' First Request for Production of Documents shall be extended to May 20, 2021. (SR)
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| Filing 141 AFFIDAVIT of Shawn A. Grinolds re #140 MEMORANDUM in Support by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit A - of Plaintiffs First Request for Production of Documents to Defendant Morton County dated February 4, 2021, #2 Exhibit B - email string between Shawn Grinolds and counsel for Plaintiffs Noah Smith-Drelich dated March 26, 2021)(Grinolds, Shawn) |
| Filing 140 MEMORANDUM in Support re #139 MOTION for Extension of Time to Complete Discovery MOTION to Expedite filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 139 MOTION for Extension of Time to Complete Discovery , MOTION to Expedite by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 138 NOTICE of Hearing: Status Conference set for 8/16/2021 at 09:00 AM by telephone before Judge Daniel M. Traynor. (SR) |
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Filing 137
ORDER by Judge Daniel M. Traynor GRANTING #132 Motion to Stay and FINDING AS MOOT #132 Motion to Expedite (SR)
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| Deadlines and Hearings Terminated. Jury Trial set for 8/16/2021 at 9:00 AM in Bismarck Courtroom 1 before Judge Daniel M. Traynor (10 days) is CANCELLED. Final Pretrial Conference set for 8/10/2021 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr is CANCELLED. (SR) |
| Filing 136 Minute Entry for proceedings held before Judge Daniel M. Traynor: Status Conference held on 3/22/2021. (Court Reporter RC) (jr) |
| Filing 135 NOTICE of Hearing: Status Conference set for 3/22/2021 at 11:00 AM by telephone before Judge Daniel M. Traynor. Chambers will email parties call-in instructions. (SR) |
| Filing 134 STIPULATION re #132 MOTION to Stay Deadlines and Extend Trial (Assented to)MOTION to Expedite by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 133 MEMORANDUM in Support re #132 MOTION to Stay Deadlines and Extend Trial (Assented to)MOTION to Expedite filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 132 MOTION to Stay Deadlines and Extend Trial (Assented to), MOTION to Expedite by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 131 NOTICE of Appearance by Amy Pickering Knight on behalf of All Plaintiffs (Knight, Amy) |
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Filing 130
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr granting #129 Motion to Appear Pro Hac Vice for Attorney Amy Knight. (jb)
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| Filing 129 MOTION to Appear Pro Hac Vice Attorney Amy Knight (Filing fee $150, receipt number ANDDC-2124144) by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Knight, Amy) (Main Document 129 replaced on 2/19/2021) (jb). Modified on 2/19/2021 to add receipt number and replaced document with non-fillable .pdf format. Regenerated NEF. (jb) |
| Filing 128 REPLY to Response to Motion re 122 MOTION for Reconsideration re #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,,, #121 MOTION to Amend/Correct #44 Amended Complaint filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 127 NOTICE of Appearance by Benjamin J. Hasbrouck on behalf of Tigerswan LLC (Hasbrouck, Benjamin) |
| Filing 126 RESPONSE to Motion re 122 MOTION for Reconsideration re #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,,, #121 MOTION to Amend/Correct #44 Amended Complaint filed by Tigerswan LLC. (Zuger, Aubrey) |
| Filing 125 RESPONSE to Motion re 122 MOTION for Reconsideration re #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,,, #121 MOTION to Amend/Correct #44 Amended Complaint filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 124 NOTICE of Substitution of Attorney by Aubrey J. Zuger on behalf of Tigerswan LLC (Zuger, Aubrey) |
| Filing 123 RESPONSE to Motion re 122 MOTION for Reconsideration re #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,,, #121 MOTION to Amend/Correct #44 Amended Complaint filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Bakke, Randall) |
| DOCKET CORRECTION re: #121 Motion to Amend/Correct. Multiple relief document filed as one relief. Clerk's Office filed Motion for Reconsideration at 122 . (cjs) |
| Filing 122 MOTION for Reconsideration re #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,, by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. See document #121 . (cjs) |
| Filing 121 MOTION to Amend/Correct #44 Amended Complaint by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Proposed Second Amended Complaint (with tracked changes))(Smith-Drelich, Noah) Modified on 1/11/2021 to remove excess docket text (cjs). |
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Filing 120
ORDER by Judge Daniel M. Traynor GRANTING State Defendants' #100 Motion to Stay; GRANTING, IN PART, AND DENYING, IN PART, County Defendants' #102 #108 Motion to Stay; and DENYING TigerSwan's #109 111 Motion to Stay. (SR)
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| Filing 119 REPLY to Response to Motion re #109 MOTION to Stay re #96 Scheduling Order,, and Partial Joinder in State's Motion to Stay filed by Tigerswan LLC. (Boughey, Lynn) |
| Filing 118 REPLY to Response to Motion re #108 MOTION to Stay re #96 Scheduling Order,, and Joinder in State Defendants' Motion to Stay Proceedings/Discovery (Amended) filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 117 REPLY to Response to Motion re #100 MOTION to Stay re #96 Scheduling Order,, filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 116 RESPONSE to Motion re #100 MOTION to Stay re #96 Scheduling Order,, , #102 MOTION to Stay re #100 MOTION to Stay re #96 Scheduling Order,, and Joinder in State Defendants' Motion to Stay Proceedings/Discovery, #109 MOTION to Stay re #96 Scheduling Order,, and Partial Joinder in State's Motion to Stay filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
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Filing 115
ORDER: The deadline to complete Rule 26(a)(1) disclosures is extended until 11/02/2020. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Filing 114
(Text Only) ORDER by Judge Daniel M. Traynor granting #112 Motion for Leave to File. Plaintiffs shall file their Response to all pending Motions to Stay by 10/23/2020. (CK)
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| Filing 113 RESPONSE to Motion re #112 MOTION for Leave to File Response in Opposition to Defendants' Various Motions to Stay Proceedings in this Court filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Set/Reset Deadlines as to #100 MOTION to Stay re #96 Scheduling Order,, , #108 MOTION to Stay re #96 Scheduling Order,, and Joinder in State Defendants' Motion to Stay Proceedings/Discovery (Amended), #102 MOTION to Stay re #100 MOTION to Stay re #96 Scheduling Order,, and Joinder in State Defendants' Motion to Stay Proceedings/Discovery, #109 MOTION to Stay re #96 Scheduling Order,, and Partial Joinder in State's Motion to Stay. Responses due by 10/23/2020 (mf) |
| Filing 112 MOTION for Leave to File Response in Opposition to Defendants' Various Motions to Stay Proceedings in this Court by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Harcourt, Bernard) |
| Docket Correction re: #109 Motion to Stay. Multiple relief document filed as one relief. Clerks Office filed Motion for Miscellaneous Relief (Partial Joinder in State's Motion to Stay) at 111 . (sj) |
| Filing 111 MOTION for Partial Joinder in State's Motion to Stay re #108 MOTION to Stay re #96 Scheduling Order by Tigerswan LLC. See document at #109 . (sj) |
| Filing 110 MEMORANDUM in Support re #109 MOTION to Stay re #96 Scheduling Order, 111 MOTION for Partial Joinder in State's Motion to Stay filed by Tigerswan LLC. (Boughey, Lynn) Modified on 10/7/2020 to add link. (sj). |
| Filing 109 MOTION to Stay re #96 Scheduling Order by Tigerswan LLC. (Boughey, Lynn) Modified on 10/7/2020 to remove unnecessary docket text. (sj). |
| USCA Case Number 20-3053 for #105 Notice of Interlocutory Appeal,. (mf) |
| USCA Case Number 20-3052 for #104 Notice of Interlocutory Appeal,. (mf) |
| Filing 108 MOTION to Stay re #96 Scheduling Order,, and Joinder in State Defendants' Motion to Stay Proceedings/Discovery (Amended) by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 107 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #105 Notice of Interlocutory Appeal, (mf) |
| Filing 106 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #104 Notice of Interlocutory Appeal, (mf) |
| DOCKET CORRECTION re: #99 Notice of Appeal and #101 Notice of Appeal. Wrong events selected. Clerks office restricted access to documents and refiled as Notice of Interlocutory Appeals at #104 and #105 . (mf) |
| DOCKET CORRECTION re: #102 Motion to Stay. Clerk's office corrected link. (rh) |
| Filing 105 NOTICE OF INTERLOCUTORY APPEAL as to #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. Filing fee $ 505 (Receipt No. ANDDC-2034439). (mf) |
| Filing 104 NOTICE OF INTERLOCUTORY APPEAL as to #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,, by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. Filing fee $ 505 (Receipt No. ANDDC-2034404). (mf) |
| Filing 103 MEMORANDUM in Support re #100 MOTION to Stay re #96 Scheduling Order,, filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 102 MOTION to Stay re #96 Scheduling Order and Joinder in State Defendants' Motion to Stay Proceedings/Discovery by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) Modified on 9/28/2020 to link to correct document. (rh) |
| Filing 101 *RESTRICTED WRONG EVENT SELECTED* NOTICE OF APPEAL as to #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. Filing fee $505. (Grinolds, Shawn) Modified on 9/28/2020 to restrict access(mf). |
| Filing 100 MOTION to Stay re #96 Scheduling Order,, by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 99 *RESTRICTED WRONG EVENT SELECTED* NOTICE OF APPEAL as to #88 Order on Motion to Dismiss/Failure to State a Claim,,,,,, Order on Motion to Strike,,,, Order on Motion for Summary Judgment,,,,, by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. Filing fee $505. (Nicolai, James) Modified on 9/28/2020 to restrict access (mf). |
| Filing 98 ANSWER to #44 Amended Complaint by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi.(Nicolai, James) |
| Filing 97 ANSWER to #44 Amended Complaint by Kyle Kirchmeier, Morton, County of, North Dakota.(Bakke, Randall) |
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Filing 96
SCHEDULING ORDER and ORDER RE RESOLUTION OF DISCOVERY DISPUTES by Magistrate Judge Charles S. Miller, Jr. Discovery due by 3/15/2021. Discovery Motions due by 3/15/2021. Plaintiff(s) Expert Witness Disclosures and Reports due by 3/15/2021. Defendant(s) Expert Witness Disclosures and Reports due by 4/15/2021. Rebuttal Expert Disclosures due by 5/15/2021. Discovery Depositions of Expert Witnesses due by 6/1/2021. Join Additional Parties due by 1/8/2021. Nondispositive Motions due by 1/8/2021. Dispositive Motions due by 5/1/2021.(BG) (Main Document 96 replaced on 9/18/2020 to correct case caption) (mf). regenerated on 9/18/2020 (mf).
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Filing 95
ORDER: Final Pretrial Conference set for 8/10/2021 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 94 NOTICE of Hearing: Jury Trial set for 8/16/2021 at 9:00 AM in Bismarck Courtroom 1 before Judge Daniel M. Traynor (10 days) (BG) |
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Filing 93
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #90 Motion for Extension of Time to Answer, finding as moot #90 Motion to Expedite. Defendants Burgum, Dalrymple, Gerhardt, Kirchmeier, Levi, and Morton County shall have until 9/25/2020 to file an Answer to Plaintiffs' First Amended Complaint. (BG)
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| Filing 92 (Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 9/16/2020. (BG) |
| Filing 91 MEMORANDUM in Support re #90 MOTION for Extension of Time to File Answer re #44 Amended Complaint MOTION to Expedite filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 90 MOTION for Extension of Time to File Answer re #44 Amended Complaint , MOTION to Expedite by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
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Filing 89
ORDER: Status Conference set for 9/16/2020 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 88
ORDER by Judge Daniel M. Traynor DENYING, IN PART, AND GRANTING, IN PART, #48 Motion to Dismiss for Failure to State a Claim and #51 Motion to Dismiss for Failure to State a Claim; DENYING #81 Motion for Summary Judgment, or in the Alternative, Motion to Dismiss; FINDING AS MOOT #28 Motion to Dismiss for Failure to State a Claim, #31 Motion to Dismiss for Failure to State a Claim, #63 Motion to Strike, and #64 Motion to Strike. (SR)
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Filing 87
ORDER by Judge Daniel M. Traynor GRANTING #67 Motion to Dismiss for Failure to State a Claim and FINDING AS MOOT #45 Motion to Dismiss for Failure to State a Claim. (SR)
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Filing 86
(Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Case reassigned to Judge Daniel M. Traynor for all further proceedings. Judge Daniel L. Hovland no longer assigned to the case. (kmk)
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| Filing 85 REPLY to Response to Motion re #81 MOTION for Summary Judgment Under Rule 56 or in the AlternativeMOTION to Dismiss Under Rule 12(b)(6) filed by Tigerswan LLC. (Boughey, Lynn) |
| Filing 84 RESPONSE to Motion re #81 MOTION for Summary Judgment Under Rule 56 or in the AlternativeMOTION to Dismiss Under Rule 12(b)(6) filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Rule 56(d) Declaration in Support of Discovery)(Smith-Drelich, Noah) Modified on 8/1/2019 to remove exhibit language (am). |
| Filing 83 AFFIDAVIT of Shawn Sweeney, TigerSwan Vice President re #82 MEMORANDUM in Support by Tigerswan LLC. (Boughey, Lynn) |
| Filing 82 MEMORANDUM in Support re #81 MOTION for Summary Judgment Under Rule 56 or in the AlternativeMOTION to Dismiss Under Rule 12(b)(6) filed by Tigerswan LLC. (Boughey, Lynn) |
| Filing 81 MOTION for Summary Judgment Under Rule 56 or in the Alternative, MOTION to Dismiss Under Rule 12(b)(6) by Tigerswan LLC. (Boughey, Lynn) |
| Filing 80 REPLY to Response to Motion re #64 MOTION to Strike #52 MEMORANDUM in Support filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 79 REPLY to Response to Motion re #67 MOTION to Dismiss for Failure to State a Claim TigerSwan's Second Counterclaim filed by John Floberg(On behalf of himself and all similarly-situated persons), Cissy Thunderhawk(On behalf of herself and all similarly-situated persons), Waste'Win Young(On behalf of herself and all similarly-situated persons), Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 78 REPLY to Response to Motion re #63 MOTION to Strike #49 MEMORANDUM in Support filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 77 RESPONSE to Motion re #64 MOTION to Strike #52 MEMORANDUM in Support filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 76 REPLY to Response to Motion re #51 MOTION to Dismiss for Failure to State a Claim filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
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Filing 75
(Text Only) ORDER by Chief Judge Daniel L. Hovland granting #74 Motion for Extension of Time to File Reply re #63 MOTION to Strike #49 MEMORANDUM in Support. Reply due by 4/8/2019. (MM)
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| Filing 74 MOTION for Extension of Time to File Response/Reply as to #70 Response to Motion and Request for Expedited Decision by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 73 RESPONSE to Motion re #67 MOTION to Dismiss for Failure to State a Claim TigerSwan's Second Counterclaim filed by Tigerswan LLC. (Boughey, Lynn) |
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Filing 72
(Text Only) ORDER by Chief Judge Daniel L. Hovland granting #68 Motion for Extension of Time to File Response/Reply. Defendants Morton County and Sheriff Kyle Kirchmeier shall file their response and reply briefs on or before April 5, 2019. (NH)
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| Filing 71 REPLY to Response to Motion re #48 MOTION to Dismiss for Failure to State a Claim filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 70 RESPONSE to Motion re #63 MOTION to Strike #49 MEMORANDUM in Support filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 69 MEMORANDUM in Support re #68 MOTION for Extension of Time to File Response/Reply as to #61 Response to Motion, #64 MOTION to Strike #52 MEMORANDUM in Support and Request for Expedited Decision filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 68 MOTION for Extension of Time to File Response/Reply as to #61 Response to Motion, #64 MOTION to Strike #52 MEMORANDUM in Support and Request for Expedited Decision by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Set/Reset Deadlines as to #64 MOTION to Strike #52 MEMORANDUM in Support , #51 MOTION to Dismiss for Failure to State a Claim . Responses due by 4/5/2019 Replies due by 4/5/2019. (cjs) |
| Filing 67 MOTION to Dismiss for Failure to State a Claim TigerSwan's Second Counterclaim by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Memorandum in Support of Motion to Dismiss)(Smith-Drelich, Noah) Modified on 3/13/2019 to remove excess docket text (cjs). |
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Filing 66
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #60 Motion for Leave to File Excess Pages. (BG)
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Filing 65
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #59 Motion for Leave to File Excess Pages. (BG)
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| DOCKET CORRECTION re: #63 Motion to Strike, #64 Motion to Strike. Clerk's office replaced attachment to correct overlapping filestamp. Clerk's office modified attachment descriptions. (rh) |
| Filing 64 MOTION to Strike #52 MEMORANDUM in Support by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Memorandum in Support, #2 Highlighted copy of Defendants supporting memorandum)(Smith-Drelich, Noah) (Attachment 2 replaced on 3/11/2019 to correct overlapping filestamp.) (rh). Modified on 3/11/2019 to modify descriptions to attachments. (rh) |
| Filing 63 MOTION to Strike #49 MEMORANDUM in Support by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Memorandum in Support, #2 Highlighted copy of Defendants supporting memorandum)(Smith-Drelich, Noah) (Attachment 2 replaced on 3/11/2019 to correct overlapping filestamp.) (rh) Modified on 3/11/2019 to modify descriptions to attachments. (rh) |
| Filing 62 RESPONSE to Motion re #48 MOTION to Dismiss for Failure to State a Claim filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 61 RESPONSE to Motion re #51 MOTION to Dismiss for Failure to State a Claim filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 60 MOTION for Leave to File Excess Pages in responding to County Defendants by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| Filing 59 MOTION for Leave to File Excess Pages in responding to State Defendants by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Smith-Drelich, Noah) |
| DOCKET CORRECTION re: #45 Motion to Dismiss #58 Reply to Response to Motion. Modified entries to add filer Jose Zhagnay. (cjs) |
| Filing 58 REPLY to Response to Motion re #45 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay (Smith-Drelich, Noah) Modified on 3/8/2019 to add filer Jose Zhagnay (cjs). |
| Filing 57 RESPONSE to Motion re #45 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by Tigerswan LLC. (Boughey, Lynn) |
| Filing 56 ANSWER to #44 Amended Complaint, COUNTERCLAIM against All Plaintiffs by Tigerswan LLC.(Boughey, Lynn) |
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Filing 55
ORDER OF RECUSAL by Magistrate Judge Clare R. Hochhalter. Magistrate Judge Clare R. Hochhalter recused. Case reassigned to Magistrate Judge Charles S. Miller, Jr., as referral judge, for all further proceedings. (BG)
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Filing 54
(Text Only) ORDER by Chief Judge Daniel L. Hovland granting #50 Motion for Leave to File Excess Pages. (CM)
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Filing 53
(Text Only) ORDER by Chief Judge Daniel L. Hovland granting #47 Motion for Leave to File Excess Pages. (CM)
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| Filing 52 MEMORANDUM in Support re #51 MOTION to Dismiss for Failure to State a Claim filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 51 MOTION to Dismiss for Failure to State a Claim by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 50 MOTION for Leave to File Excess Pages by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 49 MEMORANDUM in Support re #48 MOTION to Dismiss for Failure to State a Claim filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Sagsveen, Matthew) |
| Filing 48 MOTION to Dismiss for Failure to State a Claim by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Sagsveen, Matthew) |
| Filing 47 MOTION for Leave to File Excess Pages by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Sagsveen, Matthew) |
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Filing 46
(Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case reassiged to Magistrate Judge Clare R. Hochhalter, as referral judge, for all further proceedings. Magistrate Judge Charles S. Miller, Jr no longer assigned to the case, as referral judge. (kmk)
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| Filing 45 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay. (Attachments: #1 Exhibit Memorandum in Support of Motion to Dismiss)(Smith-Drelich, Noah) Modified on 3/8/2019 to add filer Jose Zhagnay (cjs). |
| Filing 44 AMENDED COMPLAINT against Doug Burgum, Jack Dalrymple, Does 1 to 100, Michael Gerhardt, Jr, Kyle Kirchmeier, Grant Levi, Morton, County of, North Dakota, Tigerswan LLC filed by John Floberg, Cissy Thunderhawk, Waste'Win Young, Jose Zhagnay.(rh) |
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Filing 43
ORDER (amended) granting #29 MOTION for Leave to File Excess Pages. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Filing 42
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #29 Motion for Leave to File Excess Pages. (BG)
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| Filing 41 MEMORANDUM in Support re #28 MOTION to Dismiss for Failure to State a Claim filed by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 40 SEALED DOCUMENT Exhibit 121 -Information in relation to ND State Court Criminal Cases: 30-2016-CR-01285; 30-2016-CR-01298; 30-2016-CR-01304 re #35 Sealed Document,,,,,,,,,,,,,,,,,,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit 122 - North Dakota State Court Criminal Case 30-2016-CR-01285: Citation, Affidavit, Order Dismissing Count 1 Engaging in a Riot, and Order Entering Plea of Guilty, Count 2 Criminal Trespass., #2 Exhibit 123 - North Dakota State Court Criminal Case 30-2016-CR-01298: Citation, Affidavit, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, Waiver of Appearance, and Order, Order for Rule 43 Acknowledgment of Rights, Written Plea of Guilty, and Waiver of Appearance, Order, and Amended Order., #3 Exhibit 124 - North Dakota State Court Criminal Case 30-2016-CR-01285: Rule 43 Waiver of Appearance, Plea of Guilty, and Plea Agreement, Order, Citation, and Affidavit, #4 Exhibit 125 - Criminal Complaint in relation to ND State Court Case Nos: 30-2017-CR-00072; 30-2017-CR-00153, #5 Exhibit 126 - North Dakota State Court Criminal Case 30-2017-CR-00072: Affidavit, Order Accepting Deferred Prosecution Agreement, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order Accepting Deferred Prosecution Agreement., #6 Exhibit 127 - North Dakota State Court Criminal Case 30-2017-CR-00153: Affidavit, Affidavit, Affidavit, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #7 Exhibit 128 - Amended Criminal Complaint in relation to ND State Court Criminal Case Nos: 30-2016-CR-01403; 30-2016-CR-01413; 30-2016-CR-01414; 30-2016-CR-01435; 30-2016-CR-01444; 30-2016-CR-01486; 30-2016-CR01515; 30-2016-CR-01516; 30-2016-CR-01524; 30-2016-CR-01525, #8 Exhibit 129 - North Dakota State Court Criminal Case 30-2016-CR-01403: Affidavit and Alford Petition to Enter Plea of Guilty with Imposition of Sentence Deferred N.D.C.C. 12.1-32-02.4., #9 Exhibit 130 - North Dakota State Court Criminal Case 30-2016-CR-01413: Information, Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #10 Exhibit 131 - North Dakota State Court Criminal Case 30-2016-CR-01414: Affidavit, Plea Agreement, and Order Accepting Plea Agreement and Dismissing Counts 1 and 2., #11 Exhibit 132 - North Dakota State Court Criminal Case 30-2016-CR-01435: Affidavit, Criminal Judgment, and Order., #12 Exhibit 133 - North Dakota State Court Criminal Case 30-2016-CR-01444: Affidavit, Criminal Judgment, and Order., #13 Exhibit 134 - North Dakota State Court Criminal Case 30-2016-CR-01486: Affidavit, Plea Agreement, Order and Judgment Regarding Plea Agreement, and Register of Actions., #14 Exhibit 135 - North Dakota State Court Criminal Case 30-2016-CR-01515: Affidavit, Information, Notice of Waiver of Plea Hearing and Plea Pursuant to Rule 43, Order Accpting (sic) Plea Agreement, and Citation., #15 Exhibit 136 - North Dakota State Court Criminal Case 30-2016-CR-01516: Affidavit, Rule 43 Acknowledgment of Rights Written Plea of Guilty, & Waiver of Personal Appearance, and Plea Agreement., #16 Exhibit 137 - to North Dakota State Court Criminal Case 30-2016-CR-01524: Affidavit and Register of Actions., #17 Exhibit 138 - North Dakota State Court Criminal Case 30-2016-CR-01525: Affidavit and Criminal Judgment., #18 Exhibit 139 - spreadsheet identifying cases resulting in criminal convictions., #19 Exhibit 140 - spreadsheet identifying cases resulting in deferred impositions., #20 Exhibit 141 - spreadsheet identifying cases resulting in pretrial diversion dispositions.)(Grinolds, Shawn) |
| Filing 39 SEALED DOCUMENT Exhibit 91 -North Dakota State Court Criminal Case 30-2017-CR-00314: Amended Criminal Complaint, Plea Agreement, and Order Accepting Plea Agreement. re #35 Sealed Document,,,,,,,,,,,,,,,,,,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit 92 - North Dakota State Court Criminal Case 30-2016-CR-01795: Criminal Complaint, Affidavit, Waiver of Right to be Present, Notification of Rights, Entry of Plea of Guilty, Factual Basis for Entry of Guilty Plea, Plea Agreement/Recommendation, and Order for Judgment., #2 Exhibit 93 - North Dakota State Court Criminal Case 30-2016-CR-01537: Criminal Complaint, Affidavit, Rule 43 Waiver of Appearance, Plea of Guilty, and Plea Agreement, and Order., #3 Exhibit 94 - Second Amended Complaint in relation to ND State Court Criminal Cases: 30-2016-CR-01798; 30-2016-CR-01802; 30-2016-CR-01806; 30-2016-CR-01807; 30-2016-CR-01816, #4 Exhibit 95 - North Dakota State Court Criminal Case 30-2016-CR-01798: Affidavit, Supplemental Affidavit, Pretrial Diversion Agreement, Plea Agreement, and Order Approving Plea Agreement., #5 Exhibit 96 - North Dakota State Court Criminal Case 30-2016-CR-01802: Affidavit, Supplemental Affidavit, Second Amended Information, and Order Deferring Imposition of Sentence., #6 Exhibit 97- North Dakota State Court Criminal Case 30-2016-CR-01806: Affidavit, Supplemental Affidavit, Pretrial Diversion Agreement, Plea Agreement, and Order Approving Pretrial Diversion Agreement., #7 Exhibit 98 - North Dakota State Court Criminal Case 30-2016-CR-01807: Affidavit, Pretrial Diversion Agreement, Plea Agreement, and Order Accepting Plea Agreement., #8 Exhibit 99 - North Dakota State Court Criminal Case 30-2016-CR-01816: Affidavit, Supplemental Affidavit, and Order Deferring Imposition of Sentece (sic)., #9 Exhibit 100 - Amended Info in relation to ND State Court Criminal Cases: 30-2016-CR-01796; 30-2016-CR-01808; 30-2016-CR-01809; 30-2016-CR-01809; 30-2016-CR-01817; 30-2016-CR-01819, #10 Exhibit 101 - North Dakota State Court Criminal Case 30-2016-CR-01796: Affidavit, Supplemental Affidavit, Pretrial Diversion Agreement, Order for Pretrial Diversion, and Stipulation., #11 Exhibit 102 - North Dakota State Court Criminal Case 30-2016-CR-01808: Affidavit, Amended Plea Agreement, and Order Accepting Plea Agreement., #12 Exhibit 103 - North Dakota State Court Criminal Case 30-2016-CR-01809: Affidavit, Supplemental Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #13 Exhibit 104 - North Dakota State Court Criminal Case 30-2016-CR-01817: Affidavit, Supplemental Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement, #14 Exhibit 105 - North Dakota State Court Criminal Case 30-2016-CR-01819: Affidavit, Supplemental Affidavit, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement., #15 Exhibit 106 - Amended Criminal Complaint in relation to ND State Court Criminal Cases: 30-2017-CR-00086; 30-2017-CR-00088; 30-2017-CR-00089; 30-2017-CR-00094; 30-2017-CR-00095; 30-2017-CR-00096; 30-2017-CR-00098; 30-2017-CR-00102; 30-2017-CR-00103; 30-2017-CR-00104; 30-2017-CR-00106, #16 Exhibit 107- North Dakota State Court Criminal Case 30-2017-CR-00086: Affidavit, Order Approving Pretrial Diversion Agreement, and Register of Actions., #17 Exhibit 108 -North Dakota State Court Criminal Case 30-2017-CR-00088: Affidavit, Plea Agreement, and Order Accepting Plea Agreement., #18 Exhibit 109- North Dakota State Court Criminal Case 30-2017-CR-00089: Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #19 Exhibit 110- North Dakota State Court Criminal Case 30-2017-CR-00094: Affidavit, Criminal Complaint, Second Amended Criminal Complaint, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2., #20 Exhibit 111 - North Dakota State Court Criminal Case 30-2017-CR-00095: Affidavit, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, and Waiver of Appearance, and Order Deferring Imposition of Sentence., #21 Exhibit 112 - North Dakota State Court Criminal Case 30-2017-CR-00096: Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #22 Exhibit 113- North Dakota State Court Criminal Case 30-2017-CR-00098: Criminal Complaint, Affidavit, Order for Rule 43 Acknowledgment of Rights, Written Plea of Guilty, and Waiver of Appearance, and Register of Actions., #23 Exhibit 114 - North Dakota State Court Criminal Case 30-2017-CR-00102: Affidavit, and Rule 43 Written Plea of Guilty and Waiver of Appearance., #24 Exhibit 115 - North Dakota State Court Criminal Case 30-2017-CR-00103: Affidavit, Plea Agreement, and Order Accepting Plea Agreement., #25 Exhibit 116 - North Dakota State Court Criminal Case 30-2017-CR-00104: Affidavit, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, and Waiver of Appearance, and Order Deferring Imposition of Sentence., #26 Exhibit 117 -North Dakota State Court Criminal Case 30-2017-CR-00106: Affidavit, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, and Waiver of Appearance, and Order Deferring Imposition of Sentence., #27 Exhibit 118 -Criminal Complaint in relation to ND State Court Criminal Cases: 30-2016-CR-01188; 30-2016-CR-01190, #28 Exhibit 119 - North Dakota State Court Criminal Case 30-2016-CR-01188: Affidavit, Plea Agreement, and Order Accepting Plea Agreement., #29 Exhibit 120 - North Dakota State Court Criminal Case 30-2016-CR-01190: Affidavit, Amended Judgment of Guilt (Count 1), and Amended Judgment of Guilt (Count 2).)(Grinolds, Shawn) |
| Filing 38 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Tigerswan LLC.(Boughey, Lynn) |
| Filing 37 SEALED DOCUMENT Exhibit 61 -North Dakota State Court Criminal Case 30-2016-CR-01120: Citation, Information, Affidavit, Rule 43 Waiver and Plea Agreement, Order, and Order. re #35 Sealed Document,,,,,,,,,,,,,,,,,,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit 62 - North Dakota State Court Criminal Case 30-2016-CR-01755: Information, Affidavit, Rule 43 Guilty Plea, and Order to Accept Rule 43 GuiltyPlea (sic)., #2 Exhibit 63 - North Dakota State Court Criminal Case 30-2016-CR-01336: Information, Citation, Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement, #3 Exhibit 64- North Dakota State Court Criminal Case 30-2017-CR-00083: Criminal Complaint, Affidavit, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, & Waiver of Appearance, and Order for Rule 43 PleaAgreement (sic)., #4 Exhibit 65 - North Dakota State Court Criminal Case 30-2016-CR-01962: Register of Actions, Criminal Complaint, Affidavit, and Amended Bond Order., #5 Exhibit 66-North Dakota State Court Criminal Case 30-2016-CR-01458: Register of Actions, Citation, Waiver of Appearance, Acknowledgment of Right, and Plea Pursuant to Agreement, and Order., #6 Exhibit 67 -North Dakota State Court Criminal Case 30-2016-CR-01443: Register of Actions, Citation, and Criminal Judgment., #7 Exhibit 68 - North Dakota State Court Criminal Case 30-2016-CR-01530: Register of Actions, Citation, and Criminal Judgment., #8 Exhibit 69 - North Dakota State Court Criminal Case 30-2016-CR-01179: Criminal Complaint, Affidavit, Rule 43 Acknowledgment of Rights; Written Plea of Guilty; Waiver of Appearance, Order for Rule 43 Acknowledgment of Rights; Written Plea of Guilty; Waiver of Appearance, and Order Dismissing Count 3., #9 Exhibit 70 - North Dakota State Court Criminal Case 30-2016-CR-01035: Criminal Complaint, Affidavit, Waiver of Appearance, Acknowledgment of Right, and Plea Pursuant to Agreement, and Order., #10 Exhibit 71 - North Dakota State Court Criminal Case 30-2016-CR-01319: Criminal Complaint, Affidavit, and Order., #11 Exhibit 72 - North Dakota State Court Criminal Case 30-2017-CR-00139: Citation, Rule 32 N.D.R.Crim.P. Pretrial Diversion Agreement, and Order Approving Rule 32.2 N.D.R.Crim.P. Pretrial Diversion Agreement., #12 Exhibit 73 - North Dakota State Court Criminal Case 30-2017-CR-00369: Register of Actions and Citation., #13 Exhibit 74 - North Dakota State Court Criminal Case 30-2017-CR-00021: Amended Criminal Complaint, Affidavit, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2., #14 Exhibit 75 - North Dakota State Court Criminal Case 30-2017-CR-00442: Criminal Complaint, Affidavit of Probable Cause, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2., #15 Exhibit 76 - North Dakota State Court Criminal Case 30-2017-CR-00049: Citation, Order of Acquittal, Order of Criminal Judgment, Notice of Appeal, Email of Supreme Court Clerks Officer Harrison, Beth, and Clerks Certificate of Appeal., #16 Exhibit 77 - North Dakota State Court Criminal Case 30-2016-CR-01898: Citation and Criminal Judgment., #17 Exhibit 78 - North Dakota State Court Criminal Case 30-2016-CR-01722: Register of Actions, Citation, Affidavit, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #18 Exhibit 79 - North Dakota State Court Criminal Case 30-2017-CR-00038: Citation, Entry of Guilty Plea, Order Accepting Guilty Plea and Plea Agreement, and Rule 43 Waver (sic) of Apperance (sic) and Plea Agreement., #19 Exhibit 80 - North Dakota State Court Criminal Case 30-2017-CR-00039: Register of Actions, Citation, Plea Agreement, and Order., #20 Exhibit 81 - North Dakota State Court Criminal Case 30-2016-CR-01029: Citation and Criminal Judgment., #21 Exhibit 82 - North Dakota State Court Criminal Case 30-2016-CR-01032: Criminal Complaint, Rule 43 N.D. R. Crim. P. Waiver of Appearance and Petition for Acceptance of Plea Agreement, Order, and Order Dismissing Count 2 and 3., #22 Exhibit 83 -North Dakota State Court Criminal Case 30-2016-CR-01029: Citation and Criminal Judgment., #23 Exhibit 84 - North Dakota State Court Criminal Case 30-2016-CR-01187: Citation, Affidavit, Count 1 Criminal Judgment, and Count 2 Criminal Judgment, #24 Exhibit 85 - North Dakota State Court Criminal Case 30-2016-CR-01292: Citation, Affidavit, Information, and Register of Actions., #25 Exhibit 86 - North Dakota State Court Criminal Case 30-2017-CR-00392: Register of Actions, Citation, Rule 43 Acknowledgment of Rights, Written Plea of Guilty, & Waiver of Appearance, and Order for Rule 43 PleaAgreement (sic)., #26 Exhibit 87 - North Dakota State Court Criminal Case 30-2016-CR-01972: Amended Information and Order of Criminal Judgment., #27 Exhibit 88 - North Dakota State Court Criminal Case 30-2016-CR-01980: Criminal Complaint, Affidavit, Plea Agreement, and Order Accepting Plea Agreement., #28 Exhibit 89 - North Dakota State Court Criminal Case 30-2016-CR-01760: Citation, Waiver of Right to Appear and Deferred Imposition Plea Agreement Pursuant Crim. R. 32.1, and Order Deferring Imposition of Sentence., #29 Exhibit 90 - North Dakota State Court Criminal Case 30-2016-CR-01346: Citation, Affidavit, Rule 43 Waiver and Plea Agreement, and Order.)(Grinolds, Shawn) |
| Filing 36 SEALED DOCUMENT Exhibit 31 -North Dakota State Court Criminal Case 30-2017-CR-00423: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2. re #35 Sealed Document,,,,,,,,,,,,,,,,,,,,,, by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit 32 - North Dakota State Court Criminal Case 30-2017-CR-00424: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #2 Exhibit 33 - North Dakota State Court Criminal Case 30-2017-CR-00426: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #3 Exhibit 34 - North Dakota State Court Criminal Case 30-2017-CR-00428: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #4 Exhibit 35 - North Dakota State Court Criminal Case 30-2017-CR-00436: Verdict Form and Criminal Judgment., #5 Exhibit 36 - North Dakota State Court Criminal Case 30-2017-CR-00437: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #6 Exhibit 37 -North Dakota State Court Criminal Case 30-2017-CR-00439: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #7 Exhibit 38- Criminal complaint in relation to ND State Court Criminal Cases : 30-2017-CR-00127; 30-2017-CR-00130, #8 Exhibit 39 -North Dakota State Court Criminal Case 30-2017-CR-00127: Amended Information, Rule 43 Acknowledgement of Rights, Written Plea of Guilty, Waiver of Appearance, and Order and Order for Rule 43 Acknowledgement of Rights, Written Plea of Guilty, and Waiver of Appearance., #9 Exhibit 40 -North Dakota State Court Criminal Case 30-2017-CR-00130: Waiver of Right to Appear and Plea Agreement and Order Deferring Imposition of Sentence., #10 Exhibit 41 -Amended Criminal Complaint in relation to ND State Court Criminal Cases: 30-2017-CR-01851; 30-2017-CR-01854; 30-2017-CR-01861; 30-2017-CR-01864, #11 Exhibit 42 -North Dakota State Court Criminal Case 30-2016-CR-01851: Waiver of Right to be Present, Notification of Rights, Entry of Plea of Guilty, Factual Basis for Entry of Guilty Plea, Plea Agreement/Recommendation and Order for Judgment., #12 Exhibit 43 - North Dakota State Court Criminal Case 30-2016-CR-01854: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2, #13 Exhibit 44 - North Dakota State Court Criminal Case 30-2016-CR-01861: Rule 43 Acknowledgment of Rights, Written Plea of Guilty, Waiver of Appearance, and Order and Order for Rule 43 Acknowledgment of Rights, Written Plea of Guilty, Waiver of Appearance., #14 Exhibit 45 -North Dakota State Court Criminal Case 30-2016-CR-01864: Pretrial Diversion Agreement and Order Approving Pretrial Diversion Agreement., #15 Exhibit 46 -Criminal Complaint in relation to ND State Court Criminal Cases: 30-2017-CR-00071; 30-2017-CR-00116; 30-2017-CR-00123, #16 Exhibit 47 - North Dakota State Court Criminal Case 30-2017-CR-00071: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, Statement of the Prosecutor, Order (accepting Deferred Prosecution Agreement), and Order to Dismiss Count VII., #17 Exhibit 48 -North Dakota State Court Criminal Case 30-2016-CR-00116: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order Accepting Deferred Prosecution Agreement., #18 Exhibit 49 - North Dakota State Court Criminal Case 30-2016-CR-00123: Order to Dismiss Count IX, Order for Rule 43 Plea Agreement, and Rule 43 Acknowledgement of Rights, Written Plea of Guilty, & Waiver of Appearance, #19 Exhibit 50 - Criminal Complaint in relation to ND State Court Criminal Cases: 30-2016-CR-00934; 30-2016-CR-00941; 30-2016-CR-00954, #20 Exhibit 51 - North Dakota State Court Criminal Case 30-2016-CR-00934: Order Granting Defendants Rule 43 Wavier and Order Deferring Imposition of Sentence., #21 Exhibit 52- North Dakota State Court Criminal Case 30-2016-CR-00941: Criminal Judgment, #22 Exhibit 53 - North Dakota State Court Criminal Case 30-2016-CR-00954: Criminal Judgment., #23 Exhibit 54 - Criminal Complaint in Relation to ND State Court Criminal Cases: 30-2016-CR-01040; 30-2016-CR-01041, #24 Exhibit 55 -North Dakota State Court Criminal Case 30-2016-CR-01040: Register of Actions noting Criminal Judgment, #25 Exhibit 56 -North Dakota State Court Criminal Case 30-2016-CR-01041: Rule 43 Acknowledgment of Rights, Written Plea of Guilty, Waiver of Appearance, and Order and Order for Rule 43 Acknowledgment of Rights, Written Plea of Guilty, Waiver of Appearance., #26 Exhibit 57 -North Dakota State Court Criminal Case 30-2016-CR-01772: Information, Affidavit, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2., #27 Exhibit 58 -North Dakota State Court Criminal Case 30-2016-CR-01033: Criminal Complaint, Affidavit, Amended Criminal Complaint, Pretrial Diversion Agreement, and Order Approving Pretrial Diversion Agreement., #28 Exhibit 59 -North Dakota State Court Criminal Case 30-2017-CR-00433: Register of Actions, Citation, Affidavit, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2., #29 Exhibit 60 - North Dakota State Court Criminal Case 30-2016-CR-01995: Criminal Complaint, Affidavit, Amended Criminal Complaint, N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, and Order for Pretrial Diversion Agreement 32.2.)(Grinolds, Shawn) |
| Filing 35 SEALED DOCUMENT Second Affidavit of Shawn A. Grinolds re #31 MOTION to Dismiss for Failure to State a Claim by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit 1 - Criminal Complaint in relation to ND State Court Case Nos.: 30-2017-CR-00209; 30-2017-CR-00246; 30-2017-CR-00251, #2 Exhibit 2 - North Dakota State Court Criminal Case 30-2017-CR-00209: Verdict (guilty on both counts); Notice of Appeal, and Order of Dismissal from North Dakota Supreme Court dismissing appeal., #3 Exhibit 3 - North Dakota State Court Criminal Case 30-2017-CR-00246: Rule 43 Acknowledgement of Rights, Written Plea of Not Guilty, and Waiver of Appearance and Criminal Judgment (imposition of sentence is deferred)., #4 Exhibit 4 -North Dakota State Court Criminal Case 30-2017-CR-00251: Order Deferring Imposition of Sentence, Notice of Appeal, and Amended Clerks Certificate on Appeal., #5 Exhibit 5 -Amended Criminal Complaint - Corrected in relation to ND State Court Criminal Case Nos.: 30-2017-CR-00223; 30-2017-CR-00258; 30-2017-CR-00270, #6 Exhibit 6 - North Dakota State Court Criminal Case 30-2017-CR-00223: Plea Agreement and Order Accepting Plea Agreement., #7 Exhibit 7 -North Dakota State Court Criminal Case 30-2017-CR-00258: Register of Actions, Order for Pretrial Diversion Agreement 32.2, and Order Accepting Pretrial Diversion Agreement 32.2, #8 Exhibit 8 -North Dakota State Court Criminal Case 30-2017-CR-00270: Pretrial Diversion Agreement and Order Accepting Pretrial Diversion., #9 Exhibit 9- Second Amended Criminal Complaint - Corrected in relation to ND State Court Criminal Cases: 30-2017-CR-00198; 30-2017-CR-00222; 30-2017-CR-00227; 30-2017-CR-00228; 30-2017-CR-00234; 30-2017-CR-00261; 30-2017-CR-00264; 30-2017-CR-00266; 30-2017-CR-00268, #10 Exhibit 10 - North Dakota State Court Criminal Case 30-2017-CR-00198: Order Deferring Imposition of Sentence and Criminal Judgment, #11 Exhibit 11 - North Dakota State Court Criminal Case 30-2017-CR-00222: Order for Pretrial Diversion Agreement 32.2 (Revised) and Order Accepting Pretrial Diversion Agreement 32.2, #12 Exhibit 12 -North Dakota State Court Criminal Case 30-2017-CR-00227: Order for Pretrial Diversion Agreement 32.2 and Order Accepting Pretrial Diversion Agreement 32.2., #13 Exhibit 13 - North Dakota State Court Criminal Case 30-2017-CR-00228: Plea Agreement and Waiver of Appearance and Order Accepting Plea Agreement, #14 Exhibit 14 - North Dakota State Court Criminal Case 30-2017-CR-00234: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement, Order for Pretrial Diversion Agreement 32.2, and Order., #15 Exhibit 15 - North Dakota State Court Criminal Case 30-2017-CR-00261: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order Accepting Deferred Prosecution Agreement., #16 Exhibit 16 - North Dakota State Court Criminal Case 30-2017-CR-00264: Order for Pretrial Diversion Agreement 32.2 and Order Accepting Pretrial Diversion Agreement 32.2., #17 Exhibit 17 -North Dakota State Court Criminal Case 30-2017-CR-00266: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #18 Exhibit 18 - North Dakota State Court Criminal Case 30-2017-CR-00268: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order For Pretrial Diversion Agreement - 32.2., #19 Exhibit 19 - 2nd Amended Criminal Complaint in relation to ND State Court Criminal Cases: 30-2017-CR-00396, 30-2017-CR-00397, 30-2017-CR-00398, 30-2017-CR-00399; 30-2017-CR-00401; 30-2017-CR-00404; 30-2017-CR-00406; 30-2017-CR-00408; 30-2017-CR-00410; 30-2017-CR-00416; 30-2017-CR-00419; 30-2017-CR-00423; 30-2017-CR-00424; 30-2017-CR-00426; 30-2017-CR-00428; 30-2017-CR-00436; 30-2017-CR-00437; 30-2017-CR-00439, #20 Exhibit 20 - North Dakota State Court Criminal Case 30-2017-CR-00396: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #21 Exhibit 21 -North Dakota State Court Criminal Case 30-2017-CR-00397: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #22 Exhibit 22 -North Dakota State Court Criminal Case 30-2017-CR-00398: Pretrial Diversion Agreement 32.2 and Order for Pretrial Diversion Agreement 32.2., #23 Exhibit 23 -North Dakota State Court Criminal Case 30-2017-CR-00399: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #24 Exhibit 24 - North Dakota State Court Criminal Case 30-2017-CR-00401: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #25 Exhibit 25 -North Dakota State Court Criminal Case 30-2017-CR-00404: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #26 Exhibit 26 - North Dakota State Court Criminal Case 30-2017-CR-00406: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #27 Exhibit 27 -North Dakota State Court Criminal Case 30-2017-CR-00408: Register of Actions and Order for Pretrial Diversion Agreement 32.2., #28 Exhibit 28 - North Dakota State Court Criminal Case 30-2017-CR-00410: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2., #29 Exhibit 29 - North Dakota State Court Criminal Case 30-2017-CR-00416: Criminal Judgment (Count I guilty) and Criminal Judgment (Count II not guilty)., #30 Exhibit 30 - North Dakota State Court Criminal Case 30-2017-CR-00419: N.D.R.Crim.P. 32.2 Pretrial Diversion Agreement and Order for Pretrial Diversion Agreement 32.2.)(Grinolds, Shawn) |
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Filing 34
ORDER by Magistrate Judge Charles S. Miller, Jr. granting #27 Motion for Leave to File Excess Pages. (BG)
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| Filing 33 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Attachments: #1 Affidavit of James Nicolai, #2 Exhibit 1 - Criminal Judgment in 30-2016-cr-00941, #3 Exhibit 2 - Plea Agreement in 30-2016-cr-01179, #4 Exhibit 3 - Criminal Complaint in 30-2016-cr-00934, #5 Exhibit 4 - Affidavit of Probable Cause in 30-2016-cr-00939, #6 Exhibit 5 - Plea Agreement in 30-2016-cr-00939, #7 Exhibit 6 - Criminal Judgment in 30-2016-cr-00932, #8 Exhibit 7 - Criminal Judgment in 30-2016-cr-00934, #9 Exhibit 8 - Criminal Judgment in 30-2016-cr-00954, #10 Exhibit 9 - Criminal Complaint in 30-2016-cr-00962, #11 Exhibit 10 - Plea Agreement in 30-2016-cr-00962, #12 Exhibit 11 - Plea Agreement in 30-2016-cr-00972, #13 Exhibit 12 - Photo from evidence in 30-2016-cr-01041, #14 Exhibit 13 - Photo from evidence in 30-2016-cr-01032, #15 Exhibit 14 - Criminal complaint in 30-2016-cr-01040, #16 Exhibit 15 - Plea Agreement in 30-2016-cr-01040, #17 Exhibit 16 - Criminal Complaint in 30-2016-cr-01033, #18 Exhibit 17 - Pretrial diversion agreement in 30-2016-cr-01033, #19 Exhibit 18 - Plea Agreement in 30-2016-cr-01120, #20 Exhibit 19 - Plea Agreement in 30-2017-cr-00039, #21 Exhibit 20 - Plea Agreement in 30-2017-cr-00123 and 30-2017-cr-00392, #22 Exhibit 21 - Plea Agreement in 30-2017-cr-00095, #23 Exhibit 22 - President executive memorandum dated January 24, 2017, #24 Exhibit 23 - Attachment A to Notice of Federal Tort Claim)(Nicolai, James) Modified on 1/14/2019 to add exhibit numbers. (rh) |
| Filing 32 AFFIDAVIT of Shawn Grinolds re #28 MOTION to Dismiss for Failure to State a Claim by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit A - Emergency Declaration Dakota Access Pipeline Civil Unrest issued by the Morton County Board of Commissioners on August 15, 2016., #2 Exhibit B - former North Dakota Governor Jack Dalrymples Executive Order 2016-04 dated August 19, 2016, #3 Exhibit C - press release from the North Dakota National Guard dated September 8, 2016 entitled State Officials Enhance Law Enforcement Presence as Precautionary Measure., #4 Exhibit D - press release from Morton County and the North Dakota Department of Emergency Services dated October 7, 2016 entitled State Requests Additional Resources to Support Law Enforcement Efforts., #5 Exhibit E - Corrective Warranty Deed from David A. Meyer and Brenda K. Meyer, husband and wife, to Dakota Access, LLC executed December 14, 2016, #6 Exhibit F - North Dakota Department of Transportation press release entitled ND Highway 1806 and roadway remain closed north of Cannonball due to bridge damage., #7 Exhibit G - North Dakota Department of Transportation Press Release dated October 31, 2016 entitled ND Highway 1806 bridge to remain closed north of Cannonball., #8 Exhibit H - letter from Corps District Commander Col. Henderson to Morton County Sheriff Department dated November 1, 2016, with attached map, #9 Exhibit I - United States Army Corps of Engineers (USACE) Release no. 20160916-002 entitled U.S. Army Corps of Engineers grants Special Use Permit to Standing Rock Sioux Tribe indicating it was posted September 16, 2016, #10 Exhibit J - USACE Release No. 20161127-001 entitled Omaha District Commander provides update regarding North Dakota activities, indicating it was posted November 27, 2016., #11 Exhibit K - Department of the Army Lease for Agricultural or Grazing Purposes to Dave Meyer dated April 8, 2014, #12 Exhibit L - former North Dakota Governor Jack Dalrymples Executive Order 2016-08 dated November 28, 2016, #13 Exhibit M - Memorandum of January 24, 2017 re: Construction of the Dakota Access Pipeline signed January 24, 2017 by United States President Donald Trump, #14 Exhibit N - North Dakota Governor Doug Burgums Executive Order 2017-01 dated February 15, 2007., #15 Exhibit O - Site Map, #16 Exhibit P - press release from the North Dakota Joint Information Center dated February 23, 2017 entitled 2:09pm Oceti Sakowin Camp Officially Cleared of Inhabitants., #17 Exhibit Q - press release from the North Dakota Joint Information Center dated March 15, 2017 entitled Highway 1806 south of Mandan to open with pilot cars noon Friday., #18 Exhibit R - press release from the North Dakota Joint Information Center dated March 21, 2017 entitled Highway 1806 south of Mandan completely reopened at noon today., #19 Exhibit S - press release from the North Dakota Joint Information Center dated February 13, 2017 entitled By the Numbers (04).)(Grinolds, Shawn) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
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Filing 30
(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting #26 Motion for Leave to File Under Seal. (BG)
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| Filing 29 MOTION for Leave to File Excess Pages for Memorandum in Support of Motion to Dismiss by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim by Kyle Kirchmeier, Morton, County of, North Dakota. (Grinolds, Shawn) |
| Filing 27 MOTION for Leave to File Excess Pages by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Exhibit A - Memorandum of Law in Support of County Defendants' Motion to Dismiss)(Grinolds, Shawn) |
| Filing 26 MOTION for Leave to File Under Seal Information from Criminal Cases and Request for Expedited Decision by Kyle Kirchmeier, Morton, County of, North Dakota. (Attachments: #1 Proposed Sealed Document Memorandum of Law In Support of Defendants Morton County and Sheriff Kyle Kirchmeier's Motion to File Under Seal Information From Criminal Cases, #2 Proposed Sealed Document Exhibit A - Spreadsheet regarding criminal convictions, #3 Proposed Sealed Document Exhibit B - Spreadsheet regarding criminal convictions, #4 Proposed Sealed Document Exhibit C - Spreadsheet regarding criminal convictions)(Grinolds, Shawn) |
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Filing 25
(Text Only) ORDER adopting #24 Stipulation for Extension of Time to Answer Pleadings. Defendants shall have until 1/11/2019 to file answers or otherwise respond to the pleadings. By Magistrate Judge Charles S. Miller, Jr. (BG)
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| Filing 24 STIPULATION for Extension of Time to Answer Pleadings by Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi. (Nicolai, James) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Tigerswan LLC. Tigerswan LLC waiver sent on 10/31/2018, answer due 12/31/2018. (Boughey, Lynn) |
| Filing 22 NOTICE of Appearance by Lynn M. Boughey on behalf of Tigerswan LLC (Boughey, Lynn) |
| Filing 21 NOTICE of Appearance by James E. Nicolai on behalf of Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi (Nicolai, James) |
| Filing 20 NOTICE of Appearance by Matthew A. Sagsveen on behalf of Doug Burgum, Jack Dalrymple, Michael Gerhardt, Jr, Grant Levi (Sagsveen, Matthew) |
| Set/Reset Deadlines: Morton, County of, North Dakota answer due 1/4/2019. (cjs) |
| Set/Reset Deadlines: Kyle Kirchmeier answer due 1/4/2019. (cjs) |
| Filing 19 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Kyle Kirchmeier waiver sent on 11/05/2018, answer due 01/04/2019. (Smith-Drelich, Noah) Modified on 11/9/2018 to correct sent and answer due dates. Regenerated NEF (cjs). |
| Filing 18 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Morton, County of, North Dakota waiver sent on 11/05/2018, answer due 01/04/2019. (Smith-Drelich, Noah) Modified on 11/9/2018 to correct sent and answer due dates. Regenerated NEF (cjs). |
| Filing 17 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Grant Levi waiver sent on 10/31/2018, answer due 12/31/2018. (Smith-Drelich, Noah) |
| Filing 16 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Michael Gerhardt, Jr waiver sent on 10/31/2018, answer due 12/31/2018. (Smith-Drelich, Noah) |
| Filing 15 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Jack Dalrymple waiver sent on 10/31/2018, answer due 12/31/2018. (Smith-Drelich, Noah) |
| Filing 14 WAIVER OF SERVICE Returned Executed by John Floberg, Cissy Thunderhawk, Waste'Win Young. Doug Burgum waiver sent on 10/31/2018, answer due 12/31/2018. (Smith-Drelich, Noah) |
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Filing 13
(Text Only) ORDER REASSIGNING CASE to Chief Judge Daniel L. Hovland and Magistrate Judge Charles S. Miller, Jr for all further proceedings. Magistrate Judge Charles S. Miller, Jr no longer the presiding judge assigned to the case by Chief Judge Daniel L. Hovland.(rh)
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| Filing 12 CONSENT/REASSIGNMENT FORM by John Floberg, Cissy Thunderhawk, Waste'Win Young. (rh) |
| Filing 11 NOTICE of Direct Assignment as to Morton, County of, North Dakota. Consent/Reassignment Form due by 11/20/2018. (cjs) |
| Filing 10 NOTICE of Direct Assignment as to Kyle Kirchmeier. Consent/Reassignment Form due by 11/20/2018. (cjs) |
| Filing 9 NOTICE of Appearance by Randall J. Bakke on behalf of Kyle Kirchmeier, Morton, County of, North Dakota (Bakke, Randall) |
| Filing 8 SECOND NOTICE of Direct Assignment as to Waste'Win Young. Consent/Reassignment Form due by 11/12/2018. (rh) |
| Filing 7 SECOND NOTICE of Direct Assignment as to Cissy Thunderhawk. Consent/Reassignment Form due by 11/12/2018. (rh) |
| Filing 6 SECOND NOTICE of Direct Assignment as to John Floberg. Consent/Reassignment Form due by 11/12/2018. (rh) |
| Filing 5 NOTICE of Direct Assignment as to Waste'Win Young. Consent/Reassignment Form due by 11/2/2018. (am) |
| Filing 4 NOTICE of Direct Assignment as to Cissy Thunderhawk. Consent/Reassignment Form due by 11/2/2018. (am) |
| Filing 3 NOTICE of Direct Assignment as to John Floberg. Consent/Reassignment Form due by 11/2/2018. (am) |
| Filing 2 Summons Issued as to Doug Burgum, Jack Dalrymple, Does 1 to 100, Michael Gerhardt, Jr, Kyle Kirchmeier, Grant Levi, Morton, County of, North Dakota, Tigerswan LLC. (am) (Main Document 2 replaced on 10/19/2018)to correct address of Mr. Smith-Drelich on document (am). Regenerated on 10/19/2018 (am). |
| Filing 1 COMPLAINT against Doug Burgum, Jack Dalrymple, Does 1 to 100, Michael Gerhardt, Jr, Kyle Kirchmeier, Grant Levi, Morton, County of, North Dakota, Tigerswan LLC (Filing fee $400, receipt number 319000030) filed by John Floberg, Cissy Thunderhawk, Waste'Win Young. (Attachments: #1 Civil Cover Sheet)(am) |
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