WBI Energy Transmission, Inc. v. 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota et al
Plaintiff: WBI Energy Transmission, Inc.
Defendant: Marcelline Rink, 165.91 rods, more or less, located in Township 149 North, Range 98 West Section 10: N/2SE/4, S/2SE4, S/2NE/4 McKenzie County, North Dakota, 191.01 rods, more or less, located in Township 158 North, Range 94 West Section 19: NW/4SW/4, W/2NW/4 Williams County, North Dakota, Jennifer L Sletteland, Marianna Malm, Rachel A Flurer, 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota, 142.25 rods, more or less, located in Township 158 North, Range 95 West Section 24: E/2SE/4 Williams County, North Dakota, Laura Johnsrud, 174.10 rods, more or less, located in Township 149 North, Range 98 West Section 3: SE/4 McKenzie County, North Dakota, Randall D Stevenson, Brenda Biwer, And all other unknown owners of the above lands, U.S. Bank National Association, 242.3 rods, more or less, located in Township 159 North, Range 94 West Section 2: Lot 3, Lot 4, S/2NW/4, NW/4SW/4 Burke County, North Dakota, 0.06 acres, more or less, located in Township 158 North, Range 94 West Section 19: W/2NW/4 Mountrail County, North Dakota, Reed K Malm, Nicole Kurtz, Delmar L Rink, 188.97 rods, more or less, located in Township 149 North, Range 98 West Section 2: W/2SW/4 Section 3: Lot 1, SE/4 McKenzie County, North Dakota, 173.06 rods, more or less, located in Township 149 North, Range 98 West Section 11: S/2SW/4 EX IT 2600 Section 14: N/2NW/4 McKenzie County, North Dakota, 83.79 rods, more or less, located in Township 149 North, Range 98 West Section 14: S/2N/2 McKenzie County, North Dakota, Marlene J Moody, Kent Johnsrud and Thomas Biwer
Case Number: 1:2021cv00140
Filed: June 25, 2021
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel M Traynor
Nature of Suit: Condemnation
Cause of Action: 15 U.S.C. ยง 717
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2021 Filing 47 CERTIFICATE OF SERVICE by WBI Energy Transmission, Inc. re #45 Order on Motion for Partial Summary Judgment, Order on Motion to Expedite and Immediate Use and Possession (Mahlberg, Patrick)
August 4, 2021 Filing 46 Minute Entry for proceedings held before Judge Daniel M. Traynor: Motion Hearing held on 8/4/2021 re #4 MOTION for Partial Summary Judgment and 9 MOTION to Expedite filed by WBI Energy Transmission, Inc. (Court Reporter RC) (rm)
August 4, 2021 Opinion or Order Filing 45 ORDER by Judge Daniel M. Traynor GRANTING #4 Motion for Partial Summary Judgment Expedited and Immediate Use and Possession and GRANTING 9 Motion to Expedite. (CK)
August 2, 2021 Opinion or Order Filing 44 ORDER by Judge Daniel M. Traynor Adopting #35 Stipulation for Immediate Use and Possession and Establishing Date of Taking as to Pipeline Easement. (SR)
August 2, 2021 Opinion or Order Filing 43 ORDER by Judge Daniel M. Traynor Adopting #33 Stipulation for Immediate Use and Possession, Establishing Date of Taking as to Pipeline Easement, Reserving Claims for Compensation, and Reserving Objections to Scope of Terms of Pipeline Easement.(SR)
August 2, 2021 Opinion or Order Filing 42 ORDER by Judge Daniel M. Traynor Adopting #29 Stipulation for Immediate Use and Possession and Establishing Date of Taking as to Pipeline Easement. (SR)
August 2, 2021 Opinion or Order Filing 41 ORDER by Judge Daniel M. Traynor Adopting Stipulation #34 . (SR)
July 29, 2021 Filing 40 AMENDED CERTIFICATE OF SERVICE by WBI Energy Transmission, Inc. re #35 Stipulation, #34 Stipulation, #33 Stipulation, and [33-1] Order Adopting Stipulation (Mahlberg, Patrick) Modified on 7/30/2021 to add 'Amended' to docket text. (jb)
July 29, 2021 Filing 39 CERTIFICATE OF SERVICE by WBI Energy Transmission, Inc. re #35 Stipulation, #34 Stipulation, #33 Stipulation, and [33-1] Order Adopting Stipulation (Mahlberg, Patrick)
July 29, 2021 DOCKET CORRECTION re: #33 Stipulation. Clerk's Office added exhibit number to attachment. (mf)
July 28, 2021 Filing 38 ANSWER to #1 Complaint,,,,,,,,, by Delmar L Rink, Marcelline Rink. See Document #35 .(mf)
July 28, 2021 Filing 37 ANSWER to #1 Complaint,,,,,,,,, by Marianna Malm, Reed K Malm, U.S. Bank National Association. See document #34 . (mf)
July 28, 2021 Filing 36 ANSWER to #1 Complaint,,,,,,,,, by Randall D Stevenson. See Document #33 . (mf)
July 28, 2021 Filing 35 STIPULATION For Immediate Use And Possession And Establishing Date Of Taking As To Pipeline Easement (Rinks) by WBI Energy Transmission, Inc.. (Mahlberg, Patrick)
July 28, 2021 Filing 34 STIPULATION For Immediate Use And Possession, Establishing Date Of Taking As To Pipeline Easement, Reserving Claims For Compensation, And Reserving Objections To Scope Of Terms Of Pipeline Easement (Malm) by WBI Energy Transmission, Inc.. (Mahlberg, Patrick)
July 28, 2021 Filing 33 STIPULATION For Immediate Use And Possession, Establishing Date Of Taking As To Pipeline Easement, Reserving Claims For Compensation, And Reserving Objections To Scope Of Terms Of Pipeline (Stevenson) by WBI Energy Transmission, Inc.. (Attachments: #1 Exhibit 1- Order Adopting Stipulation)(Mahlberg, Patrick) Modified on 7/29/2021 to add exhibit number (mf).
July 28, 2021 Filing 32 CERTIFICATE OF SERVICE by Marianna Malm, Reed K Malm, Randall D Stevenson, U.S. Bank National Association re #31 Notice of Appearance (Braaten, Derrick)
July 27, 2021 Filing 31 NOTICE of Appearance by Derrick L. Braaten on behalf of Marianna Malm, Reed K Malm, Randall D Stevenson, U.S. Bank National Association (Braaten, Derrick)
July 21, 2021 Filing 30 CERTIFICATE OF SERVICE by WBI Energy Transmission, Inc. re 28 Order on Motion for Hearing and Notice of Hearing on 8/4/2021 at 1:30pm (Mahlberg, Patrick)
July 19, 2021 Filing 29 STIPULATION for Immediate Use and Possession and Establishing Date of Taking as to Pipeline Easement by WBI Energy Transmission, Inc.. (Mahlberg, Patrick)
July 15, 2021 Opinion or Order Filing 28 (Text Only) ORDER by Judge Daniel M. Traynor GRANTING #24 Motion for Hearing. Motion Hearing set for 8/4/2021 at 01:30 PM in by telephone before Judge Daniel M. Traynor. Chambers will email instructions for conference call. (CK)
July 15, 2021 Opinion or Order Filing 27 ORDER by Judge Daniel M. Traynor ADOPTING #23 Notice and 26 Stipulation of Voluntary Dismissal filed by WBI Energy Transmission, Inc. Claims against 142.25 rods, more or less, located in Township 158 North, Range 95 West Section 24: E/2SE/4; 191.01 rods, more or less, located in Township 158 North, Range 94 West Section 19: NW/4SW/4, W/2NW/4; 0.06 acres, more or less, located inTownship 158 North, Range 94 West Section 19: W/2NW/4; Thomas Biwer, Brenda Biwer, Rachel A. Flurer, as Trustee of the Biwer Irrevocable Trust dated June 20, 2018, are DISMISSED.(CK)
July 14, 2021 DOCKET CORRECTION re: #23 Notice of Voluntary Dismissal. Multiple relief document filed as one relief. Clerk's Office filed Stipulation at document 26 ; #24 Motion for Hearing. Clerk's office removed excess docket text. Modified on 7/14/2021 to include additional correction. Regenerated NEF. (jb)
July 13, 2021 Filing 26 STIPULATION by WBI Energy Transmission, Inc. See document #23 (jb)
July 13, 2021 Filing 25 CERTIFICATE OF SERVICE by WBI Energy Transmission, Inc. re #24 MOTION for Hearing re #4 MOTION for Partial Summary Judgment Expedited and Immediate Use and Possession and proposed Order, #23 Notice of Voluntary Dismissal (Mahlberg, Patrick)
July 13, 2021 Filing 24 MOTION for Hearing re #4 MOTION for Partial Summary Judgment Expedited and Immediate Use and Possession and proposed Order by WBI Energy Transmission, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order on Expedited Motion for Partial Summary Judgment and Immediate Use and Possession)(Mahlberg, Patrick) Modified on 7/14/2021 to remove excess docket text. (jb)
July 13, 2021 Filing 23 NOTICE of Voluntary Dismissal by WBI Energy Transmission, Inc. (Mahlberg, Patrick)
July 9, 2021 Filing 22 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Laura Johnsrud served on 7/9/2021, answer due 7/30/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 21 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Kent Johnsrud served on 7/9/2021, answer due 7/30/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 20 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Marcelline Rink served on 7/9/2021, answer due 7/30/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 19 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Delmar L Rink served on 7/9/2021, answer due 7/30/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 18 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. U.S. Bank National Association served on 6/30/2021, answer due 7/21/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 17 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Marianna Malm served on 6/29/2021, answer due 7/20/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 16 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Reed K Malm served on 6/29/2021, answer due 7/20/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 15 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Nicole Kurtz served on 6/29/2021, answer due 7/20/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 14 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Marlene J Moody served on 7/2/2021, answer due 7/23/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 13 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Brenda Biwer served on 6/30/2021, answer due 7/21/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 12 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Thomas Biwer served on 6/30/2021, answer due 7/21/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 11 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Randall D Stevenson served on 7/1/2021, answer due 7/22/2021 (Mahlberg, Patrick)
July 9, 2021 Filing 10 SUMMONS Returned Executed by WBI Energy Transmission, Inc.. Jennifer L Sletteland served on 6/30/2021, answer due 7/21/2021 (Mahlberg, Patrick)
June 28, 2021 DOCKET CORRECTION re: #3 NOTICE (Other). Wrong event selected. Clerks office restricted access to document and re-filed as NOTICE OF CONDEMNATION at #8 ; #4 MOTION for Partial Summary Judgment. Multiple relief document filed as one relief. Clerks Office filed MOTION to Expedite at 9 ; #2 Summons Issued. Clerks Office filed in error. Clerks office restricted access to document. (js)
June 25, 2021 Filing 9 MOTION to Expedite by WBI Energy Transmission, Inc. See document filed at #4 . (js)
June 25, 2021 Filing 8 NOTICE OF CONDEMNATION filed by WBI Energy Transmission, Inc.(js)
June 25, 2021 Filing 7 Corporate Disclosure Statement by WBI Energy Transmission, Inc. identifying Corporate Parent MDU Resources Group, Inc. for WBI Energy Transmission, Inc... (Mahlberg, Patrick)
June 25, 2021 Filing 6 AFFIDAVIT of Jeffrey J. Rust in Support re #4 MOTION for Partial Summary Judgment, and 9 MOTION to Expedite by WBI Energy Transmission, Inc. (Mahlberg, Patrick) Modified on 6/28/2021 to add link. (js)
June 25, 2021 Filing 5 MEMORANDUM in Support re #4 MOTION for Partial Summary Judgment, and 9 MOTION to Expedite filed by WBI Energy Transmission, Inc. (Mahlberg, Patrick) Modified on 6/28/2021 to add link. (js)
June 25, 2021 Filing 4 MOTION for Partial Summary Judgment Expedited and Immediate Use and Possession by WBI Energy Transmission, Inc.. (Mahlberg, Patrick)
June 25, 2021 Filing 3 *RESTRICTED - WRONG EVENT SELECTED* NOTICE by WBI Energy Transmission, Inc. of Condemnation (Mahlberg, Patrick) Modified on 6/28/2021 to restrict access. (js)
June 25, 2021 Filing 2 *RESTRICTED - FILED IN ERROR* Summons Issued as to 0.06 acres, more or less, located in Township 158 North, Range 94 West Section 19: W/2NW/4 Mountrail County, North Dakota, 142.25 rods, more or less, located in Township 158 North, Range 95 West Section 24: E/2SE/4 Williams County, North Dakota, 165.91 rods, more or less, located in Township 149 North, Range 98 West Section 10: N/2SE/4, S/2SE4, S/2NE/4 McKenzie County, North Dakota, 173.06 rods, more or less, located in Township 149 North, Range 98 West Section 11: S/2SW/4 EX IT 2600 Section 14: N/2NW/4 McKenzie County, North Dakota, 174.10 rods, more or less, located in Township 149 North, Range 98 West Section 3: SE/4 McKenzie County, North Dakota, 188.97 rods, more or less, located in Township 149 North, Range 98 West Section 2: W/2SW/4 Section 3: Lot 1, SE/4 McKenzie County, North Dakota, 191.01 rods, more or less, located in Township 158 North, Range 94 West Section 19: NW/4SW/4, W/2NW/4 Williams County, North Dakota, 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota, 242.3 rods, more or less, located in Township 159 North, Range 94 West Section 2: Lot 3, Lot 4, S/2NW/4, NW/4SW/4 Burke County, North Dakota, 83.79 rods, more or less, located in Township 149 North, Range 98 West Section 14: S/2N/2 McKenzie County, North Dakota, And all other unknown owners of the above lands, Brenda Biwer, Thomas Biwer, Rachel A Flurer, Kent Johnsrud, Laura Johnsrud, Nicole Kurtz, Marianna Malm, Reed K Malm, Marlene J Moody, Delmar L Rink, Marcelline Rink, Jennifer L Sletteland, Randall D Stevenson, U.S. Bank National Association. (mf) Modified on 6/28/2021 to restrict access (mf).
June 25, 2021 Filing 1 COMPLAINT against 0.06 acres, more or less, located in Township 158 North, Range 94 West Section 19: W/2NW/4 Mountrail County, North Dakota, 142.25 rods, more or less, located in Township 158 North, Range 95 West Section 24: E/2SE/4 Williams County, North Dakota, 165.91 rods, more or less, located in Township 149 North, Range 98 West Section 10: N/2SE/4, S/2SE4, S/2NE/4 McKenzie County, North Dakota, 173.06 rods, more or less, located in Township 149 North, Range 98 West Section 11: S/2SW/4 EX IT 2600 Section 14: N/2NW/4 McKenzie County, North Dakota, 174.10 rods, more or less, located in Township 149 North, Range 98 West Section 3: SE/4 McKenzie County, North Dakota, 188.97 rods, more or less, located in Township 149 North, Range 98 West Section 2: W/2SW/4 Section 3: Lot 1, SE/4 McKenzie County, North Dakota, 191.01 rods, more or less, located in Township 158 North, Range 94 West Section 19: NW/4SW/4, W/2NW/4 Williams County, North Dakota, 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota, 242.3 rods, more or less, located in Township 159 North, Range 94 West Section 2: Lot 3, Lot 4, S/2NW/4, NW/4SW/4 Burke County, North Dakota, 83.79 rods, more or less, located in Township 149 North, Range 98 West Section 14: S/2N/2 McKenzie County, North Dakota, And all other unknown owners of the above lands, Brenda Biwer, Thomas Biwer, Rachel A Flurer, Kent Johnsrud, Laura Johnsrud, Nicole Kurtz, Marianna Malm, Reed K Malm, Marlene J Moody, Delmar L Rink, Marcelline Rink, Jennifer L Sletteland, Randall D Stevenson, U.S. Bank National Association (Filing fee $402, receipt number 121000743) filed by WBI Energy Transmission, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Rink Pipeline, #3 Exhibit 2 - Sletteland-Kurtz Pipeline, #4 Exhibit 3 - Stevenson Pipeline, #5 Exhibit 4 - Johnsrud Pipeline and Access Road, #6 Exhibit 5 - Biwer Pipeline, #7 Exhibit 6 - Biwer LE & Trust Pipeline, #8 Exhibit 7 - Biwer LE &Trust Valve Site, #9 Exhibit 8 - Moody Pipeline, #10 Exhibit 9 - Malm Trust Pipeline, #11 Exhibit 10 - Pipeline Easement, #12 Exhibit 11 - Temporary Access Easement, #13 Exhibit 12 - Valve Setting and Metering Station and Access Easement, #14 Exhibit 13 - FERC Order Issuing Certificate, #15 Exhibit 14 - Project Map NBE)(mf)

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Search for this case: WBI Energy Transmission, Inc. v. 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota et al
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Defendant: Marcelline Rink
Represented By: Dennis E. Johnson
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Defendant: 165.91 rods, more or less, located in Township 149 North, Range 98 West Section 10: N/2SE/4, S/2SE4, S/2NE/4 McKenzie County, North Dakota
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Defendant: 191.01 rods, more or less, located in Township 158 North, Range 94 West Section 19: NW/4SW/4, W/2NW/4 Williams County, North Dakota
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Defendant: Jennifer L Sletteland
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Defendant: Marianna Malm
Represented By: Derrick L. Braaten
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Defendant: Rachel A Flurer
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Defendant: 192.90 rods, more or less, located in Township 151 North, Range 98 West Section 13: W/2NW/4 Section 14: E/2NE/4NE/4 McKenzie County, North Dakota
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Defendant: 142.25 rods, more or less, located in Township 158 North, Range 95 West Section 24: E/2SE/4 Williams County, North Dakota
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Defendant: Laura Johnsrud
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Defendant: 174.10 rods, more or less, located in Township 149 North, Range 98 West Section 3: SE/4 McKenzie County, North Dakota
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Defendant: Randall D Stevenson
Represented By: Derrick L. Braaten
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Defendant: Brenda Biwer
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Defendant: And all other unknown owners of the above lands
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Defendant: U.S. Bank National Association
Represented By: Derrick L. Braaten
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Defendant: 242.3 rods, more or less, located in Township 159 North, Range 94 West Section 2: Lot 3, Lot 4, S/2NW/4, NW/4SW/4 Burke County, North Dakota
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Defendant: 0.06 acres, more or less, located in Township 158 North, Range 94 West Section 19: W/2NW/4 Mountrail County, North Dakota
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Defendant: Reed K Malm
Represented By: Derrick L. Braaten
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Defendant: Nicole Kurtz
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Defendant: Delmar L Rink
Represented By: Dennis E. Johnson
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Defendant: 188.97 rods, more or less, located in Township 149 North, Range 98 West Section 2: W/2SW/4 Section 3: Lot 1, SE/4 McKenzie County, North Dakota
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Defendant: 173.06 rods, more or less, located in Township 149 North, Range 98 West Section 11: S/2SW/4 EX IT 2600 Section 14: N/2NW/4 McKenzie County, North Dakota
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Defendant: 83.79 rods, more or less, located in Township 149 North, Range 98 West Section 14: S/2N/2 McKenzie County, North Dakota
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Defendant: Marlene J Moody
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Defendant: Kent Johnsrud
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Defendant: Thomas Biwer
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Plaintiff: WBI Energy Transmission, Inc.
Represented By: Mollie M. Smith
Represented By: Christina Ann Huckfeldt
Represented By: Patrick D.J. Mahlberg
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