Kersten et al v. Mandan, City of
Plaintiff: Brian Berube, August Kersten and Lonesome Dove, Inc.
Defendant: Mandan, City of
Case Number: 1:2019cv00085
Filed: May 20, 2019
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel L Hovland
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Opinion or Order Filing 41 ORDER: Pursuant to an agreement between the parties, the hearing set for 7/30/2019 before Chief Judge Hovland on plaintiffs' motion for preliminary injunction is cancelled Defendant shall not enforce its mural ordinance against Plaintiffs or others subject to it during the pendency of this litigation. The parties shall continue settlement discussions. By Magistrate Judge Clare R. Hochhalter. (BG)
July 11, 2019 Filing 40 ANSWER to #1 Complaint,,, with Jury Demand by Mandan, City of.(Wiederholt, Bradley)
July 11, 2019 Filing 39 (Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Settlement Conference held on 7/11/2019. No agreement was reached. Parties shall continue their discussions. (BG)
June 28, 2019 Opinion or Order Filing 38 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #37 Motion to Appear Pro Hac Vice for Attorney Robert Frommer. (cjs)
June 28, 2019 Filing 37 MOTION to Appear Pro Hac Vice Attorney Robert Frommer (Filing fee $150, receipt number 119001120) by Brian Berube, August Kersten, Lonesome Dove, Inc.. (Frommer, Robert) Modified on 6/28/2019 to add receipt number (cjs).
June 18, 2019 Opinion or Order Filing 36 SCHEDULING ORDER by Magistrate Judge Clare R. Hochhalter. Discovery due by 9/30/2019. Discovery Motions due by 9/30/2019. Plaintiff(s) Expert Witness Disclosures and Reports due by 10/15/2019. Defendant(s) Expert Witness Disclosures and Reports due by 10/15/2019. Joinder of Parties due by 7/15/2019. Amended Pleadings due by 8/30/2019. Other Nondispositive Motions due by 8/30/2019. Threshold Motions due by 8/30/2019. Dispositive Motions due by 10/15/2019. (BG)
June 11, 2019 Opinion or Order Filing 35 ORDER: Settlement Conference set for 7/11/2019 at 9:00 AM in Bismarck Courtroom 2 before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)
June 11, 2019 Opinion or Order Filing 34 ORDER: Final Pretrial Conference set for 1/11/2021 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)
June 11, 2019 Filing 33 NOTICE of Hearing: Jury Trial set for 2/1/2021 at 9:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (3 days). (BG)
June 11, 2019 Opinion or Order Filing 32 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #16 Motion for Extension of Time to Answer. Answer due by 7/12/2019. (BG)
June 11, 2019 Filing 31 (Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Scheduling Conference held on 6/11/2019. (BG)
June 7, 2019 Filing 30 TRANSCRIPT of Telephonic Status Conference held on May 29, 2019, before Judge Hovland. Court Reporter/Transcriber Sandie Ehrmantraut, Telephone number 701-530-2337. 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 6/14/2019. Redaction Request due 6/28/2019. Redacted Transcript Deadline set for 7/8/2019. Release of Transcript Restriction set for 9/5/2019. (se)
June 7, 2019 Filing 29 NOTICE OF FILING OF TRANSCRIPT of Telephonic Status Conference held May 29, 2019. (se)
June 4, 2019 Opinion or Order Filing 28 ORDER: Scheduling Conference set for 6/11/2019 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)
June 3, 2019 Filing 27 NOTICE of Hearing on Motion 12 MOTION for Preliminary Injunction: Motion Hearing set for 7/30/2019 at 02:00 PM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland. Previously set for 6/5/2019 at 1:30 PM.(RLB)
June 3, 2019 Opinion or Order Filing 26 ORDER Extending Temporary Restraining Order by Chief Judge Daniel L. Hovland.(RLB)
June 3, 2019 Opinion or Order Filing 25 (Text Only) ORDER: Settlement conference set for 6/04/2019 is cancelled. it shall be rescheduled at a later date and time. By Magistrate Judge Clare R. Hochhalter. (BG)
June 3, 2019 Filing 24 CERTIFICATE OF SERVICE by Brian Berube, August Kersten, Lonesome Dove, Inc. re #10 Order on Motion for TRO Proof of Service_Delivery of Order Granting Motion for TRO along with filed Complaint and Exhibits on Defendant, City of Mandan (Smith, Erica)
June 3, 2019 Filing 23 CERTIFICATE OF SERVICE by Brian Berube, August Kersten, Lonesome Dove, Inc. re #8 MOTION for Temporary Restraining Order Amended Proof of Service_Delivery of Amended Temporary Restraining Order on Defendant, City of Mandan (Smith, Erica)
June 3, 2019 Filing 22 SUMMONS Returned Executed by August Kersten, Lonesome Dove, Inc., Brian Berube. Mandan, City of served on 5/22/2019, answer due 6/12/2019 (Smith, Erica)
May 29, 2019 Filing 21 Minute Entry for proceedings held before Chief Judge Daniel L. Hovland: Status Conference held on 5/29/2019. (Court Reporter SE) (jr)
May 29, 2019 Filing 20 NOTICE of Appearance by David J. Chapman on behalf of All Plaintiffs (Chapman, David)
May 29, 2019 Filing 19 NOTICE of Hearing: Status Conference set for 5/29/2019 at 11:45 AM by telephone before Chief Judge Daniel L. Hovland. Parties are to follow instructions provided in separate email. (RLB)
May 28, 2019 Filing 18 AFFIDAVIT of Bradley N. Wiederholt re #17 MEMORANDUM in Support by Mandan, City of. (Attachments: #1 Exhibit A - Email String Between Brad Wiederholt and Erica Smith beginning May 22, 2019)(Bakke, Randall)
May 28, 2019 Filing 17 MEMORANDUM in Support re #16 MOTION for Extension of Time to File Answer Or Otherwise Respond to Plaintiffs' Complaint filed by Mandan, City of. (Bakke, Randall)
May 28, 2019 Filing 16 MOTION for Extension of Time to File Answer Or Otherwise Respond to Plaintiffs' Complaint by Mandan, City of. (Bakke, Randall)
May 23, 2019 DOCKET CORRECTION re: #8 Amended Motion for Temporary Restraining Order. Clerk's office added a more complete description to Exhibit A. (lf)
May 22, 2019 Opinion or Order Filing 15 ORDER re Early Settlement Conference set for 6/4/2019 at 9:00 AM in Bismarck Courtroom 2 before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(BG)
May 22, 2019 Filing 14 NOTICE of Hearing: Settlement Conference set for 6/4/2019 at 9:00 AM in Bismarck Courtroom 2 before Magistrate Judge Clare R. Hochhalter. (rh)
May 22, 2019 Filing 13 NOTICE of Hearing on Motion 12 MOTION for Preliminary Injunction : Motion Hearing set for 6/5/2019 at 01:30 PM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland. (MM)
May 22, 2019 Opinion or Order Filing 11 ORDER For Settlement Conference by Chief Judge Daniel L. Hovland.(MM)
May 22, 2019 Opinion or Order Filing 10 ORDER by Chief Judge Daniel L. Hovland granting #8 Motion for TRO. (MM)
May 21, 2019 Filing 12 MOTION for Preliminary Injunction by Brian Berube, August Kersten, Lonesome Dove, Inc.. See document #8 . (cjs)
May 21, 2019 Filing 9 NOTICE of Appearance by Bradley Neuman Wiederholt on behalf of Mandan, City of (Wiederholt, Bradley)
May 21, 2019 Filing 8 MOTION for Temporary Restraining Order Amended by Brian Berube, August Kersten, Lonesome Dove, Inc.. (Attachments: #1 Amended Memorandum in Support of Motion for Temporary Restraining Order, #2 Exhibit A - Letter to Chief Judge Hovland dated 5/21/19(Smith, Erica) Modified on 5/23/2019 add a more complete description to Exhibit A (lf).
May 21, 2019 Opinion or Order Filing 7 ORDER by Chief Judge Daniel L. Hovland denying #6 Motion for TRO. (MM)
May 21, 2019 Filing 6 MOTION for Temporary Restraining Order by Brian Berube, August Kersten, Lonesome Dove, Inc.. (Attachments: #1 Memorandum in Support of Motion for Temporary Restraining Order)(Smith, Erica)
May 21, 2019 Filing 5 Summons Issued as to Mandan, City of. (cjs)
May 21, 2019 Opinion or Order Filing 4 (Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #2 Motion to Appear Pro Hac Vice for Attorney Erica Smith. (cjs)
May 20, 2019 Filing 3 Corporate Disclosure Statement by Lonesome Dove, Inc.. (cjs) Regenerated to Attorney Smith on 5/21/2019 (cjs).
May 20, 2019 Filing 2 MOTION to Appear Pro Hac Vice Attorney Erica Smith (Filing fee $150, receipt number 319000324) by Brian Berube, August Kersten, Lonesome Dove, Inc.. (Smith, Erica) Modified on 5/20/2019 to add receipt number (lh).
May 20, 2019 Filing 1 VERIFIED COMPLAINT against Mandan, City of (Filing fee $400, receipt number 119000978) filed by August Kersten, Lonesome Dove, Inc., Brian Berube. (Attachments: #1 Exhibit 1-Photos, #2 Exhibit 2-Notice of Violation, #3 Exhibit 3-Mandan City Code, #4 Exhibit 4-Building Mural Guidelines, #5 Exhibit 5-Minutes of MARC meeting, #6 Exhibit 6-Photos of mural, #7 Exhibit 7-Minutes of MARC meeting, #8 Exhibit 8-Minutes of MARC meeting, #9 Exhibit 9-Photos of mural on clothing store, #10 Exhibit 10-Photos of other murals, #11 Exhibit 11-Second notice of violation, #12 Exhibit 12-Letter from City of Mandan, #13 Exhibit 13-Letter from Institute for Justice, #14 Exhibit 14-Refusal letter, #15 Exhibit 15-Letter from City of Mandan, #16 Exhibit 16-Email correspondence, #17 Civil Cover Sheet)(cjs) Regenerated NEF to Attorney Smith on 5/21/2019 (cjs).

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Search for this case: Kersten et al v. Mandan, City of
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Plaintiff: Brian Berube
Represented By: Erica Smith
Represented By: David J. Chapman
Represented By: Robert Peller Frommer
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Plaintiff: August Kersten
Represented By: Erica Smith
Represented By: David J. Chapman
Represented By: Robert Peller Frommer
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Plaintiff: Lonesome Dove, Inc.
Represented By: Erica Smith
Represented By: David J. Chapman
Represented By: Robert Peller Frommer
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Defendant: Mandan, City of
Represented By: Shawn A. Grinolds
Represented By: Randall J. Bakke
Represented By: Bradley Neuman Wiederholt
Represented By: Grant Bakke
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