Kessler et al v. Minnesota Power
| Keith Kessler and Deanna Kessler |
| Minnesota Power |
| 1:2022cv00029 |
| February 15, 2022 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel L Hovland |
| Torts to Land |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE of Hearing: Jury Trial set for 10/16/2023 at 09:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (5 days). (LC) |
Filing 25
ORDER: Mid-Discovery Status Conference set for 11/1/2022 09:30 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(LC)
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Filing 24
ORDER: Final Pretrial Conference set for 9/25/2023 at 01:30 PM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter.(LC)
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Filing 23
SCHEDULING ORDER by Magistrate Judge Clare R. Hochhalter. Discovery due by 12/1/2022. Discovery Motions due by 1/6/2023. Plaintiff(s) Expert Witness Disclosures and Reports due by 9/30/2022. Defendant(s) Expert Witness Disclosures and Reports due by 12/2/2022. Plaintiff(s) Rebuttal Expert Disclosures due by 1/18/2023. Defendant(s) Rebuttal Expert Disclosures due by 1/18/2023. Discovery Depositions of Expert Witnesses due by 2/15/2023. Join Additional Parties due by 7/1/2022. Amended Pleadings due by 9/1/2022. Amended Pleadings to Add Punitive Damages due by 9/1/2022. Nondispositive Motions due by 3/1/2023. Dispositive Motions due by 3/20/2023.(LC)
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| DOCKET CORRECTION re: #22 AFFIDAVIT. Clerk's Office added descriptions to attachments. (sj) |
| Filing 22 AFFIDAVIT Declaration of Patrick D.J. Mahlberg re #21 Reply to Response to Motion by Minnesota Power. (Attachments: #1 Exhibit A - Copy of the North Dakota Public Service Commissions (NDPSC) Finding of Facts, Conclusions of Law and Order, dated August 4, 2021, in Case No. PU-20-194 (NDPSC Proceeding) #2 Exhibit B - Copy of the NDPSCs Findings of Fact, Conclusions of Law and Order dated September 25, 2013, in Case No. PU-13-127 #3 Exhibit C - Copy of Plaintiffs Keith and Deanna Kesslers (Kesslers) Complaint (the Revised Formal Complaint 6-29-20) in the NDPSC Proceeding #4 Exhibit D - Copy of Kesslers Brief in Response to Minnesota Powers Motion for Partial Dismissal of Revised Complaint, dated August 2, 2020 in the NDPSC Proceeding #5 Exhibit E - Copy of the NDPSCs Order on Motion for Partial Dismissal dated September 23, 2020 in the NDPSC Proceeding )(Mahlberg, Patrick) Modified on 3/23/2022 to add descriptions to attachments. (sj). Modified on 3/23/2022 (sj). |
| Filing 21 REPLY to Response to Motion re #7 MOTION to Dismiss [Partial Motion to Dismiss] filed by Minnesota Power. (Mahlberg, Patrick) |
| Filing 20 (Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Scheduling Conference held on 3/18/2022. (LC) |
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Filing 19
(Text Only) ORDER: Scheduling Conference REset for 3/18/2022 at 8:15 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (previously set for 3/18/2022 at 9:00 AM) (BG)
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| Filing 18 NOTICE of Appearance by David Ryan Moeller on behalf of Minnesota Power (Moeller, David) |
| Filing 17 RESPONSE to Motion re #7 MOTION to Dismiss [Partial Motion to Dismiss] Kesslers' Answer Brief to Partial Motion to Dismiss filed by Deanna Kessler, Keith Kessler. (Boughey, Lynn) |
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Filing 16
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #15 Motion to Appear Pro Hac Vice for Attorney Samuel M. Andre. (jb)
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| Filing 15 MOTION to Appear Pro Hac Vice Attorney Samuel M. Andre (Filing fee $150, receipt number ANDDC-2365952) by Minnesota Power. (Andre, Samuel) Modified on 2/22/2022 to add receipt number. (jb) |
| Filing 14 CONSENT/REASSIGNMENT FORM by Deanna Kessler. (jb) |
| Filing 13 CONSENT/REASSIGNMENT FORM by Keith Kessler. (jb) |
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Filing 12
(Text Only) ORDER REASSIGNING CASE to Judge Daniel L. Hovland, as presiding judge and Magistrate Judge Clare R. Hochhalter, as referral judge for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Clare R. Hochhalter no longer assigned as presiding judge.(mf)
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| Filing 11 CONSENT/REASSIGNMENT FORM by Minnesota Power. (mf) |
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Filing 10
ORDER: Scheduling Conference set for 3/18/2022 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter. (BG)
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| DOCKET CORRECTION re: #5 Affidavit [Declaration] of Patrick Mahlberg in Support. Clerk's office replaced Exhibit A to remove overlapping header, removed duplicative 'Exhibit' text from docket entry, and added description to attachment. (jb) |
| Filing 9 ANSWER to Complaint (Notice of Removal) by Minnesota Power. (Mahlberg, Patrick) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss [Partial Motion to Dismiss] filed by Minnesota Power. (Mahlberg, Patrick) |
| Filing 7 MOTION to Dismiss [Partial Motion to Dismiss] by Minnesota Power. (Mahlberg, Patrick) |
| Filing 6 Corporate Disclosure Statement by Minnesota Power identifying Corporate Parent ALLETE, Inc. for Minnesota Power.. (Mahlberg, Patrick) |
| Filing 5 AFFIDAVIT [Declaration] of Patrick Mahlberg in Support re #1 Notice of Removal, by Minnesota Power. (Attachments: #1 Ex. A - Letter dated February 22, 2021)(Mahlberg, Patrick) Attachment 1 replaced on 2/16/2022 to remove overlapping headers and docket text modified to remove duplicate exhibit text and add exhibit description. (jb) |
| Filing 4 NOTICE of Direct Assignment as to Minnesota Power. Consent/Reassignment Form due by 3/1/2022. (jb) |
| Filing 3 NOTICE of Direct Assignment as to Deanna Kessler. Consent/Reassignment Form due by 3/1/2022. (jb) |
| Filing 2 NOTICE of Direct Assignment as to Keith Kessler. Consent/Reassignment Form due by 3/1/2022. (jb) |
| Filing 1 NOTICE OF REMOVAL by Minnesota Power from Oliver County Court, case number 33-2022-CV-00009. Filing fee $ 402 receipt number 122000398 (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice to State Court of Notice of Removal, #3 Exhibit C - Certificate of Service, #4 Civil Cover Sheet)(jb) |
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