Hans et al v. Tharaldson et al
Plaintiff: Donald Klain, Larry Richman, Don Klain, Gayle Herbert, Charles Berryhill, Jeremy Jackey, Michael Webster, Chuck LeBlanc, Carlos Gonzales, Jolene Matheson-Godschalk, Sidney Lien, Donna Walker and Raymond Hans
Defendant: Darwin Braunagel, Roger Tharaldson, Raymond Braun, Connie Tharaldson, Mark Knutson, Annette Croves, Anne McElroy, Aimee Fyke, James Lochow, Tharaldson Motels, Inc. ESOP, Tom Schneider, South Dakota Trust Company, LLC, Gary D. Tharaldson and Linda Tharaldson
Intervenor: Department of Labor and North Star Trust Co.
Case Number: 3:2005cv00115
Filed: December 29, 2005
Court: US District Court for the District of North Dakota
Office: Southeastern Office
Presiding Judge: Ralph R Erickson
Referring Judge: Karen K Klein
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 27, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2015 Filing 790 Receipt for Return of Defendant's Exhibits. (as)
August 20, 2015 Filing 789 Receipt for Return of Plaintiff's Exhibits. (as)
June 4, 2015 Filing 788 NOTICE OF RETURN OF EXHIBITS (as)
June 11, 2014 Opinion or Order Filing 787 ORDER adopting #785 Stipulation by Chief Judge Ralph R. Erickson.(SH)
June 11, 2014 Filing 786 CERTIFICATE OF SERVICE by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson re #785 Stipulation (Louwagie, Vincent)
June 11, 2014 Filing 785 STIPULATION Stipulated Amendment to Stipulation and Protective Order and Settlement Agreement by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Louwagie, Vincent)
July 29, 2013 DOCKET CORRECTION re: #782 Stipulation and #783 Certificate of Service. Removed terminated parties as filers. Parties James Lachow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, and South Dakota Trust Company, LLC were all terminated on 10/31/2011. Clerk's office also added a link from the #783 Certificate of Service to the #782 Stipulation. (lc)
July 26, 2013 Opinion or Order Filing 784 ORDER adopting #782 Stipulation to Protective Order by Chief Judge Ralph R. Erickson.(SH)
July 25, 2013 Filing 783 CERTIFICATE OF SERVICE by Gary D. Tharaldson re #782 Stipulation. (Louwagie, Vincent) Modified on 7/29/2013 to add link and to remove terminated parties as filers. (lc)
July 25, 2013 Filing 782 STIPULATION Stipulated Amendment to the Stipulation and Protective Order by Gary D. Tharaldson. (Louwagie, Vincent) Modified on 7/29/2013 to remove terminated parties as filers. (lc)
May 1, 2013 Opinion or Order Filing 781 ORDER by Chief Judge Ralph R. Erickson granting #779 Unopposed Motion to Extend Deadline to Return or Destroy Confidential Documents. (SH)
April 16, 2013 Filing 780 CERTIFICATE OF SERVICE by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson re #779 MOTION to Extend Deadline to Return or Destroy Confidential Documents (Louwagie, Vincent)
April 16, 2013 Filing 779 MOTION to Extend Deadline to Return or Destroy Confidential Documents by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit A - Minnesota Complaint)(Louwagie, Vincent)
April 9, 2013 Opinion or Order Filing 778 (Text Only) ORDER by Chief Judge Ralph R. Erickson granting #776 Motion for Leave to Appear Pro Hac Vice for Attorney Mary L. Knoblauch. (SH) NEF regenerated to PHV attorney Knoblauch (lf).
April 9, 2013 Opinion or Order Filing 777 (Text Only) ORDER by Chief Judge Ralph R. Erickson granting #775 Motion for Leave to Appear Pro Hac Vice for Attorney Vincent D. Louwagie. (SH) NEF regenerated to PHV attorney Louwagie (lf).
April 8, 2013 Filing 776 MOTION for Leave to Appear Pro Hac Vice Attorney Mary L. Knoblauch (Filing fee $150, receipt number 113000792) by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (jt)
April 8, 2013 Filing 775 MOTION for Leave to Appear Pro Hac Vice Attorney Vincent D. Louwagie (Filing fee $150, receipt number 113000791) by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (jt)
April 1, 2013 Filing 774 MANDATE of USCA as to #704 Notice of Interlocutory Appeal filed by Jolene Matheson-Godschalk, Sidney Lien, Carlos Gonzales, #707 Notice of Interlocutory Appeal, filed by North Star Trust Co., #702 Notice of Interlocutory Appeal, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc (as)
April 1, 2013 Filing 773 USCA JUDGMENT as to #704 Notice of Interlocutory Appeal filed by Jolene Matheson-Godschalk, Sidney Lien, Carlos Gonzales, #707 Notice of Interlocutory Appeal, filed by North Star Trust Co., #702 Notice of Interlocutory Appeal, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc. Appeals Dismissed. (as)
February 25, 2013 Filing 772 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Hearing Re: Settlement held on 2/25/2013. (Court Reporter kk) (sg)
February 25, 2013 Opinion or Order Filing 771 ORDER AND FINAL JUDGMENT by Chief Judge Ralph R. Erickson.(SH)
February 21, 2013 DOCKET CORRECTION re: #770 Notice. Clerk's office added links to #748 Notice of Settlement and #755 Motion to Amend. (lh)
February 20, 2013 Filing 770 NOTICE by Carlos Gonzales, Sidney Lien, Jolene Matheson-Godschalk of Filing Amended Proposed Order and Final Judgment re #748 Notice of Settlement and #755 Motion to Amend (Attachments: #1 Amended Proposed Order)(Greenwald, Gary) Modified on 2/21/2013 to add links (lh).
February 14, 2013 DOCKET CORRECTION re: #767 SUPPLEMENT. Main document was previously filed at document #760 . Clerk's office restricted access to document and re-filed only the attachments using SUPPLEMENT at #769 . (as)
February 13, 2013 Filing 769 SUPPLEMENT (Exhibit C - Executed Declaration of Michael Webster) to document: #760 MOTION Supporting Request for Incentive Awards for Named Plaintiffs Representing the Former Employee Class by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Michael Webster. (Attachments: #1 Exhibit E - Executed Declaration of Bernard McKay, #2 Exhibit F - Executed Declaration of Raymond Hans)(as)
February 13, 2013 Filing 768 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster re #769 Supplement (Rinaldi, Bruce) Modified on 2/14/2013 to correct link to re-filed document. (as)
February 13, 2013 Filing 767 *RESTRICTED - PREVIOUSLY FILED DOCUMENT* SUPPLEMENT to document: #760 MOTION Supporting Request for Incentive Awards for Named Plaintiffs Representing the Former Employee Class by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit C - Executed Declaration of Michael Webster, #2 Exhibit E - Executed Declaration of Bernard McKay, #3 Exhibit F - Executed Declaration of Raymond Hans)(Rinaldi, Bruce) Modified on 2/14/2013 to restrict access. Clerk's office will re-file attachments. (as)
February 1, 2013 Filing 766 RESPONSE to Motion re #757 MOTION for Attorney Fees (Motion and Memorandum of Law in Support of Class Counsel's Request For and Award and of Attorneys' Fees and Reimbursement of Costs and Expenses), #760 MOTION Supporting Request for Incentive Awards for Named Plaintiffs Representing the Former Employee Class , #754 MOTION for Final Approval of Settlement and Plan of Allocation filed by Gary D. Tharaldson. (Rachal, Robert)
January 29, 2013 DOCKET CORRECTION re: #762 Motion. Should have been filed using separate event codes. Clerk's office restricted access to document and re-filed as #763 Motion, #764 Memorandum in Support, #765 Certificate of Service. (lh)
January 28, 2013 Filing 765 CERTIFICATE OF SERVICE by Tharaldson Motels, Inc. ESOP re #763 MOTION to Approve of the Payment of Certain Administrative Expenses Under the Settlement Agreement, #764 MEMORANDUM in Support (lh)
January 28, 2013 Filing 764 MEMORANDUM in Support re #763 MOTION to Approve of the Payment of Certain Administrative Expenses Under the Settlement Agreement filed by Tharaldson Motels, Inc. ESOP. (Attachments: #1 Declaration of Timothy Cleary)(lh)
January 28, 2013 Filing 763 MOTION to Approve of the Payment of Certain Administrative Expenses Under the Settlement Agreement by Tharaldson Motels, Inc. ESOP. (lh)
January 28, 2013 Filing 762 *RESTRICTED - SHOULD HAVE BEEN FILED AS SEPARATE EVENTS* MOTION TO APPROVE OF THE PAYMENT OF CERTAIN ADMINISTRATIVE EXPENSES UNDER THE SETTLEMENT AGREEMENT by Tharaldson Motels, Inc. ESOP. (Attachments: #1 MEMORANDUM IN SUPPORT OF MOTION TO APPROVE OF THE PAYMENT OF CERTAIN ADMINISTRATIVE EXPENSES UNDER THE SETTLEMENT AGREEMENT, #2 Declaration of Timothy Cleary, #3 Certificate of Service)(Waxman, Eric) Modified on 1/29/2013 to restrict access; re-filed using separate event codes (lh).
January 25, 2013 Filing 761 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster re #760 MOTION Supporting Request for Incentive Awards for Named Plaintiffs Representing the Former Employee Class (Rinaldi, Bruce)
January 25, 2013 Filing 760 MOTION Supporting Request for Incentive Awards for Named Plaintiffs Representing the Former Employee Class by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Blake Declaration, #2 Exhibit B - Walker Declaration, #3 Exhibit C - Webster Declaration, #4 Exhibit D - Herbert Declaration, #5 Exhibit E- McKay Declaration, #6 Exhibit F - Hans Declaration, #7 Exhibit G - Richman Declaration)(Rinaldi, Bruce)
January 25, 2013 Filing 759 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster re #758 Affidavit,, #757 MOTION for Attorney Fees (Motion and Memorandum of Law in Support of Class Counsel's Request For and Award and of Attorneys' Fees and Reimbursement of Costs and Expenses) (Rinaldi, Bruce)
January 25, 2013 Filing 758 AFFIDAVIT (Declaration of Bruce F. Rinaldi) re #757 MOTION for Attorney Fees (Motion and Memorandum of Law in Support of Class Counsel's Request For and Award and of Attorneys' Fees and Reimbursement of Costs and Expenses) by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Cohen Milstein Fees, #2 Exhibit B - Cohen Milstein Expenses, #3 Exhibit C - Declaration of Gary Greenwald, #4 Exhibit D - Declaration of Al Baker, #5 Exhibit E - Declaration of Dan Hedlund)(Rinaldi, Bruce) Modified on 1/28/2013 to correct spelling error (jt).
January 25, 2013 Filing 757 MOTION for Attorney Fees (Motion and Memorandum of Law in Support of Class Counsel's Request For and Award and of Attorneys' Fees and Reimbursement of Costs and Expenses) by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
January 25, 2013 Filing 756 MOTION for Final Approval of Class Action Settlement by North Star Trust Co.. (Attachments: #1 Report of Review of Class Action Settlement)(Gwaltney, Alton)
January 25, 2013 Filing 755 MOTION to Amend/Correct #748 Notice of Settlement,, Unopposed Motion to Amend Proposed Order and Final Judgment Approving Settlement Agreement (attached as Ex. C to Ex. A of entry 748) by Gary D. Tharaldson. (Attachments: #1 Exhibit A - CAFA Notice, #2 Exhibit B - Amended Proposed Order and Final Judgment)(Rachal, Robert)
January 23, 2013 DOCKET CORRECTION re: #754 Notice (Other). Document should have been filed as a motion. Clerk's office corrected the event from Notice (Other) to Motion for Final Approval of Settlement and Plan of Allocation and Regenerated NEF. Clerk's office added exhibit letters to attachments and added filers (Gayle Herbert, Larry Richman, Donna Walker, Michael Webster, Donald Klain). (rs)
January 21, 2013 Filing 754 MOTION for Final Approval of Settlement and Plan of Allocution by Carlos Gonzales, Raymond Hans, Sidney Lien, Jolene Matheson-Godschalk, Gayle Herbert, Larry Richman, Donna Walker, Michael Webster, Donald Klain and Memorandum in Support of Motion for Final Approval of Settlement and Plan of Allocation (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Plan of Allocation, #3 Exhibit C - Affidavit)(Greenwald, Gary) Modified on 1/22/2013 to add exhibit letters to attachments, correct event type, and add filers (Gayle Herbert, Larry Richman, Donna Walker, Michael Webster, Donald Klain). (rs)
November 6, 2012 Opinion or Order Filing 751 (Text Only) ORDER by Chief Judge Ralph R. Erickson granting #750 Motion to Continue Hearing. Fairness Hearing RESET for 2/25/2013 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 2/21/2013). (SH)
November 5, 2012 Filing 750 MOTION to Continue Unopposed Motion to Continue Fairness Hearing on Class Action Settlement by Gary D. Tharaldson. (Rachal, Robert)
October 23, 2012 Opinion or Order Filing 749 ORDER Preliminarily Approving Settlement, Approving Form of Notice, and Setting Fairness Hearing by Chief Judge Ralph R. Erickson. (Note: motion, terms of settlement, and notice can be found at #748 ). Fairness Hearing set for 2/21/2013 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson.(SH)
October 17, 2012 DOCKET CORRECTION re: #748 NOTICE of Settlement. Clerk's office added descriptions to exhibits. (as)
October 16, 2012 Filing 748 NOTICE of Settlement (Plaintiffs' Notice and Motion in Support of Preliminary Approval of Proposed Settlement, Approval of Notice Plan and Scheduling of Fairness Hearing by Carlos Gonzales, Raymond Hans, Gayle Herbert, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Michael Webster (Attachments: #1 Exhibit A - Class Action Settlement Agreement, #2 Exhibit B - Notice of Proposed Settlements, #3 Exhibit C - Proposed Order)(Greenwald, Gary) Modified on 10/17/2012 to describe exhibits. (as)
September 5, 2012 Filing 747 NOTICE by Donald Klain of Voluntary Withdrawal as Class Representative (Ko, David)
May 9, 2012 DOCKET CORRECTION re: #744 Amended Complaint (fifth). Plaintiff filed document with exhibit page as the first page, blank last page, and double header. Clerk's office restricted access to document and re-filed as Amended Complaint (fifth) at #745 and removed exhibit page, blank page and double header. Clerk's office also corrected the parties as to who the complaint is filed against. (am)
May 8, 2012 Filing 745 AMENDED COMPLAINT (FIFTH) against Gary D. Tharaldson filed by Jolene Matheson-Godschalk, Sidney Lien, Carlos Gonzales.(am)
May 8, 2012 Filing 744 *RESTRICTED - ERROR IN DOCUMENT* AMENDED COMPLAINT (FIFTH) against All Defendants filed by Jolene Matheson-Godschalk, Sidney Lien, Carlos Gonzales.(Greenwald, Gary) Modified on 5/9/2012 to restrict access. (am)
April 23, 2012 Opinion or Order Filing 743 ORDER memorializing findings at telephone status conference on 4/20/2012 by Chief Judge Ralph R. Erickson.(SH)
April 20, 2012 Filing 742 Clerk's Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Telephone Status Conference held on 4/20/2012. (Attachments: #1 SEALED Exhibit - Hans: Settlement Agreement Memorandum of Understanding, #2 SEALED Exhibit - McKay: Settlement Agreement Memorandum of Understanding) (Court Reporter KK). (SH) Modified on 4/23/2012 to seal attachments. (lc)
April 18, 2012 Filing 741 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Second Final Pretrial Conference held on 4/18/2012. (Court Reporter kk) (sg) Modified on 6/12/2012 to correct typo within the docket text (lf).
April 18, 2012 Filing 740 ANSWER to Complaint Fifth Amended Class Action Complaint by Gary D. Tharaldson.(Seemann, Charles) Modified on 4/23/2012: NOTE: The Fifth Amended Complaint has not yet been filed. (lc) Modified on 5/9/2012: Fifth Amended Complaint filed at #745 . (am)
April 9, 2012 Opinion or Order Filing 739 ORDER of USCA as to #702 Notice of Interlocutory Appeal (#11-3646), #704 Notice of Interlocutory Appeal (#11-3683), and #707 Notice of Interlocutory Appeal (#11-3678): Appeal will be held in abeyance until May 11, 2012.(lc)
April 4, 2012 Opinion or Order Filing 738 ORDER by Chief Judge Ralph R. Erickson denying #725 Motion in Limine to Exclude Scott Miller's Opinions. (SH)
April 4, 2012 Opinion or Order Filing 737 ORDER by Chief Judge Ralph R. Erickson granting #727 Motion for Leave to File a Fifth Amended Complaint. (SH)
April 2, 2012 Filing 736 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Pretrial Conference/Status Conference held on 4/2/2012. (Court Reporter KK) (td)
March 29, 2012 Filing 735 RESPONSE to Motion re #725 MOTION in Limine To Exclude Scott D. Miller's Opinions Based on Multiple Transactions filed by Carlos Gonzales, Sidney Lien, Jolene Matheson-Godschalk, Donald Klain (Greenwald, Gary) Modified on 5/4/2012 to add Klain as a filer. (rm)
March 29, 2012 Filing 734 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #733 Response to Motion, (Barton, R. Joseph)
March 29, 2012 Filing 733 RESPONSE to Motion re #725 MOTION in Limine To Exclude Scott D. Miller's Opinions Based on Multiple Transactions (Former Employee Class' Memorandum in Opposition to Gary Tharaldson's Motion in Limine to Exclude Opinions of Scott D. Miller and Other Experts) filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
March 29, 2012 Filing 732 AFFIDAVIT Declaration of Robert Rachal re #731 Response to Motion, by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Answers to First Set of Interrogatories, #2 Exhibit B - Gary Depo Excerpts & Exh. 42, #3 Exhibit C - Class Cert Hearing Transcript excerpts)(Rachal, Robert)
March 29, 2012 Filing 731 RESPONSE to Motion re #727 MOTION for Leave to File Fifth Amended Complaint Instanter Defendant Gary Tharaldson's Opposition to Plaintiffs' Motion for Leave To File A Fifth Amended Complaint filed by Gary D. Tharaldson. (Rachal, Robert)
March 29, 2012 Filing 730 NOTICE by Gary D. Tharaldson Notice of Withdrawal of Appearance (Stock, Robert)
March 29, 2012 Filing 729 CERTIFICATE OF SERVICE by Gary D. Tharaldson re #730 Notice (Other) Notice of Withdrawal of Appearance (Stock, Robert) Modified on 3/29/2012 to correct link to Notice. (lc)
March 29, 2012 Filing 728 *RESTRICTED - FILED IN ERROR* NOTICE by Gary D. Tharaldson Notice of Withdrawal of Appearance (Stock, Robert) Modified on 3/29/2012 to restrict access. (lc)
March 29, 2012 DOCKET CORRECTION re: #728 Notice (Other). Filed in error. Clerk's office restricted access to document per request of filer. Counsel re-filed pleading at #730 . (lc)
March 23, 2012 DOCKET CORRECTION re: #725 MOTION in Limine and #726 MEMORANDUM in Support. Modified entries to remove incorrect filer (Connie Tharaldson). (am)
March 22, 2012 Filing 727 MOTION for Leave to File Fifth Amended Complaint Instanter by Carlos Gonzales, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Exhibit A - Proposed Fifth Amended Complaint Instanter, #2 Exhibit B - Declaration of Jeffrey F. Krenzel)(Greenwald, Gary) Modified on 3/23/2012 to describe Exhibits (am).
March 22, 2012 Filing 726 MEMORANDUM in Support re #725 MOTION in Limine To Exclude Scott D. Miller's Opinions Based on Multiple Transactions filed by Gary D. Tharaldson. (Rachal, Robert) Modified on 3/23/2012 to remove incorrect filer (am).
March 22, 2012 Filing 725 MOTION in Limine To Exclude Scott D. Miller's Opinions Based on Multiple Transactions by Gary D. Tharaldson. (Rachal, Robert) Modified on 3/23/2012 to remove incorrect filer (am).
March 20, 2012 Filing 724 NOTICE of Hearing: Second Final Pretrial Conference set for 4/18/2012 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
March 20, 2012 Set/Reset Hearings: Second Final Pretrial Conference set for 4/18/2012 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. First Final Pretrial Conference set for 4/2/2012 at 10:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (docketed for the purposes of setting second final pretrial conference) (sg) Modified on 3/20/2012 to remove NEF reference (sg).
March 19, 2012 Filing 723 Minute Entryfor proceedings held before Chief Judge Ralph R. Erickson: Status Conference held on 3/19/2012. (Court Reporter kk) (sg) (Main Document 723 replaced on 3/19/2012-to remove page 2 which was a blank page, did not see a need to regenerate) (sg).
March 16, 2012 Filing 722 TRANSCRIPT of Pretrial Conference held on October 31, 2011, before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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 3/23/2012. Redaction Request due 4/6/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/14/2012. (kk)
March 16, 2012 Filing 721 NOTICE OF FILING OF TRANSCRIPT (Pretrial Conference) (kk)
March 15, 2012 Filing 720 NOTICE of Hearing:Telephonic Status Conference set for 3/19/2012 at 1:30 PM in Chambers before Chief Judge Ralph R. Erickson. The Class Plaintiffs shall initiate the conference call. (sg)
March 15, 2012 Opinion or Order Filing 719 (Text Only) ORDER by Chief Judge Ralph R. Erickson granting #718 Motion for a telephonice conference (sg)
March 15, 2012 Filing 718 MOTION to Set Telephonic Status Conference (Class Plaintiffs' Motion) by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
February 9, 2012 Opinion or Order Filing 717 (Text Only) ORDER granting #715 withdrawal of counsel by Chief Judge Ralph R. Erickson. Attorney Marc I. Machiz is terminated as counsel for Plaintiffs and the Former Employee Class.(SH)
February 8, 2012 Filing 716 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #715 Notice (Other) (Barton, R. Joseph)
February 8, 2012 Filing 715 NOTICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster (Notice of Withdrawal of Appearance - Marc I. Machiz) (Barton, R. Joseph)
January 23, 2012 Filing 714 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 1/23/2012. (jo)
January 18, 2012 Filing 713 NOTICE of Hearing: Status Conference set for 1/23/2012 at 10:30 AM by telephone before Magistrate Judge Karen K. Klein. The plaintiff is to initiate the call. The telephone number for chambers is 701-297-7070. (AS)
December 23, 2011 Opinion or Order Filing 711 ORDER by Chief Judge Ralph R. Erickson granting #605 Motion to exclude testimony of David Berins; denying #608 Motion to exclude testimony of Lucian Morrison; denying #610 Motion to exclude testimony of Scott Miller; denying #612 Motion to exclude testimony of Dana Messina; granting #614 Motion to exclude testimony of Robert Gross; denying #616 Motion to exclude testimony of Jeffrey Krenzel; granting in part and denying in part #620 Motion to strike potions of testimony of Scott Berman; granting in part and denying in part #623 Motion to Strike portions of testimony of Ronald Gilbert; finding as moot in part and denying in part #626 Motion to Strike portions of testimony of Robert Reilly and Lee Bloom. (SH)
December 22, 2011 Opinion or Order Filing 712 ORDER of USCA as to #702 Notice of Interlocutory Appeal (#11-3646), #707 Notice of Interlocutory Appeal (#11-3678), and #704 Notice of Interlocutory Appeal (#11-3683): Parties' joint motion to hold appeals in abeyance is granted. (lc)
December 20, 2011 Opinion or Order Filing 710 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #709 Motion to Withdraw Document. Defendants' motion for taxation of costs #706 is terminated as moot. (SH)
December 19, 2011 Filing 709 MOTION to Withdraw Document #706 MOTION for Bill of Costs Motion for Taxation of Costs with attached Bill of Costs and Disbursements by Connie Tharaldson, Gary D. Tharaldson. (Stock, Robert)
December 9, 2011 USCA Case Number #11-3646 for #702 Notice of Interlocutory Appeal. NOTE: This appeal has been consolidated with Notice of Interlocutory Appeal #707 (#11-3678) and Notice of Interlocutory Appeal #704 (#11-3683). (lc)
December 9, 2011 USCA Case Number #11-3678 for #707 Notice of Interlocutory Appeal. NOTE: This appeal has been consolidated with Notice of Interlocutory Appeal #702 (#11-3646) and Notice of Interlocutory Appeal #704 (#11-3683). (lc)
December 9, 2011 USCA Case Number #11-3683 for #704 Notice of Interlocutory Appeal. NOTE: This appeal has been consolidated with Notice of Interlocutory Appeal #702 (#11-3646) and Notice of Interlocutory Appeal #707 (#11-3678). (lc)
December 7, 2011 USCA Appeal Fees received $455 receipt number 312000107 re #707 Notice of Interlocutory Appeal filed by North Star Trust Co. (lc)
December 6, 2011 Filing 708 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #707 Notice of Interlocutory Appeal. (lc)
December 2, 2011 Filing 706 MOTION for Bill of Costs Motion for Taxation of Costs with attached Bill of Costs and Disbursements by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit Bill of Costs and Disbursements)(Stock, Robert)
November 30, 2011 Filing 705 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #704 Notice of Interlocutory Appeal. (lc)
November 30, 2011 Filing 704 NOTICE OF INTERLOCUTORY APPEAL as to #689 Order, #691 Judgment, #693 Amended Order, #694 Amended Judgment by Carlos Gonzales, Sidney Lien, Jolene Matheson-Godschalk. Filing fee $ 455 PAID. (lc)
November 30, 2011 Filing 703 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #702 Notice of Interlocutory Appeal. (lc)
November 29, 2011 Filing 707 NOTICE OF INTERLOCUTORY APPEAL as to #689 Order, #691 Judgment, #693 Amended Order, #694 Amended Judgment by North Star Trust Co. Filing fee: NOT PAID. NOTE: Pleading was originally filed as a Joinder to Notice of Appeal (see Doc #701 ). Per request of Court of Appeals on 12/6/11, the pleading is being processed as a separate Notice of Interlocutory Appeal. Appeal filing fee must be paid. (lc)
November 29, 2011 Filing 701 NOTICE by North Star Trust Co. re #704 Notice of Interlocutory Appeal, of Joinder to Notice of Appeal (Gwaltney, Alton) Modified on 11/30/2011 to correct link to document. Counsel linked entry to a restricted docket entry (Notice (Other) at Doc #700 ). Clerk's office added link to correct document (Notice of Interlocutory Appeal at #704 ). NEF regenerated. (lc) Modified on 12/6/2011: Per direction from Court of Appeals, this pleading was re-filed as a Notice of Interlocutory Appeal at #707 . (lc)
November 29, 2011 DOCKET CORRECTION re: #700 Notice (Other). Filed in error. Clerk's office restricted access to document; Notice of Appeal will be filed by clerk's office upon receipt of the filing fee. (lh)
November 28, 2011 Filing 702 NOTICE OF INTERLOCUTORY APPEAL as to #689 Order, #691 Judgment, #693 Amended Order, #694 Amended Judgment by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. Filing fee $455 PAID. (lc)
November 28, 2011 Filing 700 *RESTRICTED - FILED IN ERROR* NOTICE by Carlos Gonzales, Sidney Lien, Jolene Matheson-Godschalk re #691 Clerk's Judgment, #694 Clerk's Judgment, #689 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,, Order on Motion for Hearing,,,,,,,,,,,, Order on Sealed Motion,, NOTICE OF APPEAL (Greenwald, Gary) Modified on 11/29/2011 to restrict access; Notice of Appeal will be filed by clerk's office upon receipt of the filing fee (lh).
November 10, 2011 Opinion or Order Filing 699 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #698 Unopposed Motion to Unseal Court's Summary Judgment Order. The Clerk is directed to unseal the document. (SH)
November 9, 2011 Filing 698 MOTION to Unseal Document #692 SEALED ORDER Defendants' Unopposed Motion to Unseal the Summary Judgment Opinion and Memorandum in Support by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
November 7, 2011 Filing 697 NOTICE of Hearing: Bench Trial REset to 5/1/2012 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson, trial estimate: 1 to 2 weeks (previously set for 11/29/11) (sg)
November 7, 2011 Filing 696 NOTICE of Hearing:Final Pretrial Conference set for 4/2/2012 at 10:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
October 31, 2011 Filing 695 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Pretrial Conference held on 10/31/2011. (Court Reporter kk) (sg)
October 31, 2011 Deadlines and Hearings terminated: Status Conference/Pretrial Conference held on 10/31/11 - trial continued (sg)
October 31, 2011 Filing 694 AMENDED JUDGMENT: Dismissing all defendants other than Gary Tharaldson. (lc)
October 31, 2011 Opinion or Order Filing 693 AMENDED ORDER re #689 Order on Motion for Summary Judgment by Chief Judge Ralph R. Erickson (amended to include Rule 54(b) certification). (SH)
October 31, 2011 Opinion or Order Filing 692 AMENDED Memorandum Opinion and Order on the Court's previous opinion and order at #690 by Chief Judge Ralph R. Erickson (amended to include Rule 54(b) certification language).(SH) Modified on 11/10/2011: document unsealed per text only Order #699 (lh).
October 31, 2011 Filing 691 JUDGMENT is entered against all defendants other than Gary Tharaldson.(lc)
October 29, 2011 Filing 690 SEALED Memorandum Opinion and Order referenced in #689 Order on Motions for Summary Judgment.(SH)
October 29, 2011 Opinion or Order Filing 689 ORDER by Chief Judge Ralph R. Erickson denying #557 Motion for Partial Summary Judgment filed by North Star Trust Company; granting #561 Motion for Summary Judgment filed by "Nonfiduciary Selling Shareholders"; finding as moot #565 Motion for Hearing on summary judgment motion; granting in part and denying in part #569 Motion for Summary Judgment filed by Gary D. Tharaldson; finding as moot #570 Motion for Hearing on summary judgment motion; denying #572 Motion for Partial Summary Judgment filed by Current Employee Class; denying #577 Motion for Summary Judgment filed by Former Employee Class. (SH) Modified on 10/31/2011 to remove sealed restriction; NEF regenerated. (lc)
October 18, 2011 Opinion or Order Filing 688 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #685 Motion to Withdraw as Attorney. Attorneys Paul S. Enockson, John J. McGowan, Jr. and John B. Moorheaed terminated. (SH) Modified on 10/24/2011 to add additional attorney names. NEF regenerated. (lc)
October 13, 2011 Opinion or Order Filing 687 ORDER adopting #686 Stipulation for Extension of Rule 26 Disclosures by Chief Judge Ralph R. Erickson (lf)
October 12, 2011 Filing 686 STIPULATION OF ALL PARTIES FOR EXTENSION OF THE DATE FOR FILING CIVIL RULE 26(a)(3)(A) PRETRIAL DISCLOSURES by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Proposed Order)(Greenwald, Gary)
September 26, 2011 Filing 685 MOTION to Withdraw as Attorney by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
September 12, 2011 Filing 684 NOTICE by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson re #678 Notice (Other), Notice (Other), Notice (Other), #676 Notice (Other), Notice (Other), Notice (Other) Defendants Response to Former Employee Class's Notice of Supplemental Materials and Objections to Post-Hearing Introduction of Dana Messina's Analysis (Rachal, Robert)
September 9, 2011 Filing 683 SUPPLEMENT Notice of Supplemental Authority to document: #561 MOTION for Summary Judgment by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit A, Renfrom v. Unisys Corp.)(Stock, Robert)
September 6, 2011 Filing 682 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #681 Affidavit, #680 Affidavit (Rinaldi, Bruce)
September 6, 2011 Filing 681 AFFIDAVIT (Supplemental Affidavit of RSM McGladrey, Inc. in Connection with Notice by Mailing) re #673 Affidavit, by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
September 6, 2011 Filing 680 AFFIDAVIT (Second Declaration of Jason Kolcun Regarding Class Notice) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
September 6, 2011 Filing 679 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #678 Notice (Other), Notice (Other), Notice (Other) (Rinaldi, Bruce)
September 6, 2011 Filing 678 NOTICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #677 Objection, #676 Notice (Other), Notice (Other), Notice (Other) (Former Employee Class Plaintiffs' Opposition to Defendants' Notice of Supplemental Materials Post Daubert Hearing or in the alternative Notice of Supplemental Materials Post Daubert Hearing (Attachments: #1 Exhibit 17 - Principles of Corporate Finance, 7th Edition by Brealey & Myers, #2 Exhibit 18 - Valuation of Comparable Companies using Room Metrics, bates-stamped MessinaSup000001, #3 Exhibit 19 - Valuing a Business: The Analysis and Appraisal of Closely Held Companies by Pratt, Reilly & Schweihs)(Rinaldi, Bruce)
September 6, 2011 Filing 677 OBJECTION re #676 Notice (Other), Notice (Other), Notice (Other) of Plaintiff The Current Employee Class and North Star Trust Company to Defendants' Notice of Supplemental Materials Post-Daubert Hearing by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Greenwald, Gary)
September 1, 2011 Filing 676 NOTICE by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson Defendants Notice of Supplemental Materials Post Daubert Hearing (Attachments: #1 Exhibit Daubert Ex. D-4 (Valuing ESOP Shares), #2 Exhibit Daubert Ex. D-5 (Understanding Business Valuation), #3 Exhibit Daubert Ex. D-6 (ASA Business Valuation Standards), #4 Exhibit Daubert Ex. D-7 (Understanding Business Valuation, #5 Exhibit Daubert Ex. D-8 (Handbook of Business Valuation, #6 Exhibit Daubert Ex. D-9 (Post-Transaction Drop in Value))(Rachal, Robert)
August 30, 2011 Filing 675 NOTICE of Hearing: Status Conference set for 10/31/2011 at 10:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
August 26, 2011 Filing 674 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Daubert Hearing held 8/24/11 through 8/26/2011. (Court Reporter kk) (Attachments: #1 Exhibit List, #2 Witness List) (sg) (Main Document 674 replaced on 8/30/2011 to correct a date on the minute sheet) (sg). Modified on 9/2/2011 - NEF of replaced minute document regenerated to all parties (lf).
August 18, 2011 DOCKET CORRECTION re: Doc #671 Affidavit. Exhibits should have been filed as separate attachments to main document. Clerk's office restricted access to document and re-filed at #673 . (lc)
August 17, 2011 Filing 673 AFFIDAVIT of RSM McGladrey, Inc. in connection with notice by mailing re #554 Order on Motion for Miscellaneous Relief by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Notice of Pendency of Class Action, #2 Exhibit B - Legal Notice, #3 Exhibit C - Affidavit of Pearl Pressman Liberty in Connection with Notice by Mailing)(lc)
August 17, 2011 Filing 672 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #670 Affidavit, #673 Affidavit. (Rinaldi, Bruce) Modified on 8/18/2011 to correct hyperlinks due to docket correction. (lc)
August 17, 2011 Filing 671 *RESTRICTED - SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENTS TO MAIN DOCUMENT* AFFIDAVIT of RSM McGladrey, Inc. in Connection with Notice by Mailing re #554 Order on Motion for Miscellaneous Relief by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce) Modified on 8/18/2011 to restrict access. (lc)
August 17, 2011 Filing 670 AFFIDAVIT (Declaration of Jason Kolcun Regarding Class Notice) re #554 Order on Motion for Miscellaneous Relief by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
August 15, 2011 DOCKET CORRECTION re: #669 (Supplement). Clerk's Office linked pleading to defendants' pending Daubert Motions at #605 , #608 , #610 , #612 , #614 , and #616 . (lf)
August 4, 2011 Filing 669 SUPPLEMENT Notice of Supplemental Authority Related to Pending Daubert Motions #605 , #608 , #610 , #612 , #614 , and #616 by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit A - George v. Kraft Foods)(Rachal, Robert) Modified on 8/15/2011 to link to defendants's pending Daubert Motions (lf).
July 28, 2011 Opinion or Order Filing 668 ORDER adopting #667 Stipulation Regarding Schedule for Daubert Motions by Chief Judge Ralph R. Erickson.(SH)
July 27, 2011 Filing 667 STIPULATION Of All Parties Regarding Schedule For Hearing on Daubert Motions by Connie Tharaldson, Gary D. Tharaldson. (Rachal, Robert) Modified on 10/3/2011 to remove incorrect filers from text. (rm)
July 7, 2011 Filing 666 SURREPLY to #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
July 6, 2011 Opinion or Order Filing 665 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #663 Motion for Leave to File a Sur-Reply Brief. The brief should be filed no later than 5 days from today's date and shall not exceed 3 pages. (SH)
July 6, 2011 DOCKET CORRECTION re: #654 Reply to Response to Motion and #662 Supplement. Clerk's office added more complete descriptions to attachments. (lc)
July 5, 2011 Opinion or Order Filing 664 ORDER adopting #649 Stipulation to file over length reply briefs by Chief Judge Ralph R. Erickson. (SH)
July 1, 2011 Filing 663 MOTION for Leave to File Sur-Reply to Respond to North Star's Reply on Daubert Motion to Exclude Testimony of Robert Reilly and Lee Bloom by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
July 1, 2011 Filing 662 SUPPLEMENT Plaintiffs' Notice of Supplemental Authority to document: #636 Response to Motion, #632 Response to Motion, #635 Reply to Response to Motion, #646 Response to Motion by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Copy of Memorandum Opinion from USDC-District of Columbia Case, #2 Westlaw Slip Copy)(Greenwald, Gary) Modified on 7/6/2011 to remove extra punctuation and to add description to attachments. (lc)
June 29, 2011 Filing 661 REPLY to Response to Motion re #616 MOTION (Daubert) to Exclude Testimony of Krenzel filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
June 29, 2011 Filing 660 REPLY to Response to Motion re #614 MOTION (Daubert) to Exclude Testimony of Gross filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
June 29, 2011 Filing 659 AFFIDAVIT Declaration of Robert Rachal in Support of Daubert Motion to Exclude Messina re #612 MOTION (Daubert) to Exclude Testimony of Messina, #658 Reply to Response to Motion by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 57 - Cost of Capital article, #2 Exhibit 58 - Merger, Acquisitions & Sales article)(Rachal, Robert)
June 29, 2011 Filing 658 REPLY to Response to Motion re #612 MOTION (Daubert) to Exclude Testimony of Messina filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
June 29, 2011 Filing 657 REPLY to Response to Motion re #610 MOTION (Daubert) to Exclude Testimony of Miller filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
June 29, 2011 Filing 656 REPLY to Response to Motion re #608 MOTION (Daubert) to Exclude Testimony of Morrison filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
June 29, 2011 Filing 655 REPLY to Response to Motion re #605 MOTION (Daubert) to Exclude Testimony of Berins filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spencer, Michael)
June 29, 2011 Filing 654 REPLY to Response to Motion re #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom filed by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson Godschalk. (Attachments: #1 Exhibit A - Application of Integrated Theory to Tax Pass-Through Entities, #2 Exhibit B - S Corporation ESOP Valuation Issues)(Greenwald, Gary) Modified on 7/1/2011 to add thorough descriptions to exhibits and to delete duplicate docket text (lf).
June 29, 2011 Filing 653 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster re #652 Reply to Response to Motion,, (Rinaldi, Bruce)
June 29, 2011 Filing 652 REPLY to Response to Motion re #623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert) filed by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce) Modified on 7/1/2011 to remove duplicate docket text (lf).
June 29, 2011 Filing 651 REPLY to Response to Motion re #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom filed by North Star Trust Co.. (Gwaltney, Alton)
June 29, 2011 Filing 650 REPLY to Response to Motion re #620 MOTION (Daubert) to Exclude Testimony of Scott Berman filed by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Gwaltney, Alton) Modified on 7/1/2011 to remove duplicate docket text (lf).
June 29, 2011 Filing 649 STIPULATION re #612 MOTION (Daubert) to Exclude Testimony of Messina, #635 Reply to Response to Motion,, #642 Response to Motion, #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom To Exceed Page Limit in Replies to Motions to Strike Portions of Expert Testimony by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Greenwald, Gary)
June 23, 2011 Opinion or Order Filing 648 ORDER setting forth procedure for motions to strike scheduled in the Notice at 631 by Chief Judge Ralph R. Erickson. (SH)
June 17, 2011 Filing 647 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #646 Response to Motion, (Rinaldi, Bruce)
June 17, 2011 Filing 646 RESPONSE to Motion re #608 MOTION (Daubert) to Exclude Testimony of Morrison (Former Employee Class Plaintiffs' Memorandum in Opposition to Defendants Gary D. Tharaldson and Connie Tharaldson's Daubert Motion to Exclude Expert Testimony of Lucian L. Morrison) filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
June 17, 2011 Filing 645 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #644 Response to Motion, (Barton, R. Joseph)
June 17, 2011 Filing 644 RESPONSE to Motion re #616 MOTION (Daubert) to Exclude Testimony of Krenzel (Former Employee Plaintiffs' Opposition to Def. Gary D. Tharaldson and Connie Tharaldson's Daubert Motion to Exclude Expert Testimony of Jeffrey Krenzel) filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
June 17, 2011 Filing 643 AFFIDAVIT Declaration of Robert Rachal In Support of Gary and Connie Tharaldson's Opposition to Motion to Strike Portions of Expert Testimony of Reilly and Bloom re #642 Response to Motion, by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 55 - Bloom S Corporation ESOP Valuation Issues, #2 Exhibit 56 AICPA Statement on Standards of Valuation Services)(Rachal, Robert) Modified on 6/27/2011 to add description to Exhibit 56 AICPA(jo).
June 17, 2011 Filing 642 RESPONSE to Motion re #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
June 17, 2011 Filing 641 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #635 Reply to Response to Motion, (Rinaldi, Bruce)
June 17, 2011 Filing 640 SEALED DOCUMENT Exhibit B - Parts 1-8 Under Seal re #635 Reply to Response to Motion, by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit B - Part 2 Under Seal, #2 Exhibit B - Part 3 Under Seal, #3 Exhibit B - Part 4 Under Seal, #4 Exhibit B - Part 5 Under Seal, #5 Exhibit B - Part 6 Under Seal, #6 Exhibit B - Part 7 Under Seal, #7 Exhibit B - Part 8 Under Seal)(Rinaldi, Bruce)
June 17, 2011 Filing 639 RESPONSE to Motion re #620 MOTION (Daubert) to Exclude Testimony of Scott BermanMOTION (Daubert) to Exclude Testimony of Scott Berman Gary and Connie Tharaldson's Opposition to Plaintiffs' Motion to Strike Portions of Expert Testimony of Scott Berman filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
June 17, 2011 Filing 638 CERTIFICATE OF SERVICE by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk re #636 Response to Motion, (Daubert) by Current Employee Class Plaintiffs (Greenwald, Gary)
June 17, 2011 Filing 637 RESPONSE to Motion re #623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert)MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert) Gary and Connie Tharaldson's Opposition to Daubert Motion To Exclude Expert Testimony of Ronald Gilbert filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spencer, Michael)
June 17, 2011 Filing 636 RESPONSE to Motion re #610 MOTION (Daubert) to Exclude Testimony of Miller (Current Employee Class Plaintiffs) filed by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Exhibit A-Declaration of Scott D. Miller in Support of Opposition of Current Employee Class Plaintiffs to Defendants Gary D. Tharaldson and Connie Tharaldson's Daubert Motion to Exclude Expert Testimony of Scott D. Miller, #2 Exhibit B-Deposition of Scott D. Miller taken on 2/22/2011, #3 Exhibit C- Guide to ESOP Valuation and Financial Advisory Services-Second Edition)(Greenwald, Gary) Modified on 6/20/2011 to add description to exhibits(jo).
June 17, 2011 Filing 635 REPLY to Response to Motion re #612 MOTION (Daubert) to Exclude Testimony of Messina Former Employee Plaintiffs' Opposition to Defendant Gary D. Tharaldson and Connie Tharaldson's Daubert Motion to Exclude Expert Testimony of Dana Messina filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A Plaintiff's Designation of Expert and Notice of Service of Her Expert's Rule 26 Report(Rinaldi, Bruce) Modified on 6/20/2011 to describe Exhibit A(jo).
June 17, 2011 Filing 634 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #633 Response to Motion, Former Employee Plaintiffs' Opposition (Rinaldi, Bruce)
June 17, 2011 Filing 633 RESPONSE to Motion re #605 MOTION (Daubert) to Exclude Testimony of Berins Former Employee Plaintiffs' Opposition to Defendant Gary D. Tharaldson and Connie Tharaldson's Daubert Motion to Exclude Expert Testimony of David Berins filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
June 17, 2011 Filing 632 RESPONSE to Motion re #614 MOTION (Daubert) to Exclude Testimony of Gross filed by North Star Trust Co.. (Gwaltney, Alton)
June 15, 2011 Filing 631 NOTICE of Hearing on Motions: #620 MOTION (Daubert) to Exclude Testimony of Scott Berman, #614 MOTION (Daubert) to Exclude Testimony of Gross, #605 MOTION (Daubert) to Exclude Testimony of Berins, #608 MOTION (Daubert) to Exclude Testimony of Morrison, #623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert) MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert), #610 MOTION (Daubert) to Exclude Testimony of Miller, #616 MOTION (Daubert) to Exclude Testimony of Krenzel, #612 MOTION (Daubert) to Exclude Testimony of Messina, #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom: Motion Hearing set for 8/24/2011 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (estimated length of motion hearing: 3 days)(sg)
June 7, 2011 Opinion or Order Filing 630 ORDER adopting #629 Stipulation regarding briefing schedule for Daubert motions by Chief Judge Ralph R. Erickson. (SH)
June 6, 2011 Filing 629 STIPULATION of All Parties Regarding Briefing Scheduling for Responses and Replies Regarding Daubert Motions by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Greenwald, Gary)
May 31, 2011 DOCKET CORRECTION re: #627 Memorandum in Support. Clerk's office added descriptions to attachments. (lc)
May 27, 2011 Filing 628 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster re #627 MEMORANDUM in Support, #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom (Gotto, Gary)
May 27, 2011 Filing 627 MEMORANDUM in Support re #626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom filed by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Deposition of Lee Bloom, #2 Exhibit 14 - ESOP Issue Brief, #3 Statement of Position 93-6 Employers' Accounting for Employee Stock Ownership Plans)(Gotto, Gary) Modified on 5/31/2011 to add descriptions to attachments. (lc)
May 27, 2011 Filing 626 MOTION to Strike Portions of the Expert Testimony of Robert F. Reilly and Lee Bloom by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Gotto, Gary)
May 27, 2011 Filing 625 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster re #623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert), #624 MEMORANDUM in Support (Rinaldi, Bruce) Modified on 5/31/2011 to delete duplicate text. (lc)
May 27, 2011 Filing 624 MEMORANDUM in Support re #623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert) filed by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce) Modified on 5/31/2011 to delete duplicate text. (lc)
May 27, 2011 Filing 623 MOTION to Strike (Plaintiffs' and North Star's Motion to Strike Portions of the Expert Testimony of Ronald J. Gilbert) by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
May 27, 2011 Filing 622 SEALED DOCUMENT Memorandum in Support re #620 MOTION (Daubert) to Exclude Testimony of Scott BermanMOTION (Daubert) to Exclude Testimony of Scott Berman by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Ex. A - Berman Expert Report, #2 Ex. B - Berman Deposition)(Gwaltney, Alton)
May 27, 2011 Filing 621 MEMORANDUM in Support re #620 MOTION (Daubert) to Exclude Testimony of Scott Berman - Redacted Version filed by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Ex. A - Berman Expert Report (filed under seal), #2 Ex. B - Berman Deposition (filed under seal))(Gwaltney, Alton) Modified on 5/27/2011 to delete duplicate text (lf).
May 27, 2011 Filing 620 MOTION (Daubert) to Exclude Testimony of Scott Berman by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Gwaltney, Alton)
May 27, 2011 Filing 619 SEALED DOCUMENT Exh. 50 pt. 1 - Deposition of Messina re #618 Affidavit, by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 50 pt. 2 - Deposition of Messina, Aug. 18, 2010, #2 Exhibit 50 - pt. 3 - Deposition of Messina, Aug. 18, 2010, #3 Exhibit 51 - Unaka v. Newman, #4 Exhibit 52 - Expert Rebuttal Report of Reilly, Aug. 2, 2010, #5 Exhibit 53 - Expert Witness report of Morrison, #6 Exhibit 54 - Miller ESOPS Manual)(Rachal, Robert)
May 27, 2011 Filing 618 AFFIDAVIT Declaration of Robert Rachal in Support of Daubert Motions to Exclude Testimony of Messina, Morrison and Berins re #606 MEMORANDUM in Support, #613 MEMORANDUM in Support, #609 MEMORANDUM in Support by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 617 MEMORANDUM in Support re #616 MOTION (Daubert) to Exclude Testimony of Krenzel filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 616 MOTION (Daubert) to Exclude Testimony of Krenzel by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 615 MEMORANDUM in Support re #614 MOTION (Daubert) to Exclude Testimony of Gross filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 614 MOTION (Daubert) to Exclude Testimony of Gross by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 613 MEMORANDUM in Support re #612 MOTION (Daubert) to Exclude Testimony of Messina filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 612 MOTION (Daubert) to Exclude Testimony of Messina by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert)
May 27, 2011 Filing 611 MEMORANDUM in Support re #610 MOTION (Daubert) to Exclude Testimony of Miller filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
May 27, 2011 Filing 610 MOTION (Daubert) to Exclude Testimony of Miller by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
May 27, 2011 Filing 609 MEMORANDUM in Support re #608 MOTION (Daubert) to Exclude Testimony of Morrison filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
May 27, 2011 Filing 608 MOTION (Daubert) to Exclude Testimony of Morrison by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Seemann, Charles)
May 27, 2011 Filing 607 AFFIDAVIT Declaration of Michael Spencer in Support of Daubert Motion to Exclude Testimony of Berins re #606 MEMORANDUM in Support by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 5 - Declaration of David Berins, 6/24/2010, #2 Exhibit 6 - Deposition of David Berins Exh. 8 (e-mail from Rushmore))(Spencer, Michael)
May 27, 2011 Filing 606 MEMORANDUM in Support re #605 MOTION (Daubert) to Exclude Testimony of Berins filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spencer, Michael)
May 27, 2011 Filing 605 MOTION (Daubert) to Exclude Testimony of Berins by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spencer, Michael)
May 26, 2011 DOCKET CORRECTION re: #593 Motion, #594 Reply to Response to Motion, #596 Sealed Document. Modified entries to add Raymond Braun as a filer; Clerk's office added more complete descriptions to attachments at #596 ; Clerk's office also removed the attorney-client relationship for attorney Rachal for defendants James Lochow, South Dakota Trust Company, LLC, Linda Tharaldson, Roger Tharaldson as he only represents defendants Gary and Connie Tharaldson. (lh)
May 17, 2011 DOCKET CORRECTION re: #599 Sealed Document (Former Employee Class Plaintiffs' Reply to Gary Tharaldson's Response to the Former Employee Class and Current Employee Class Plaintiffs' Motion for Partial Summary Judgment). Clerk's office corrected link to the original motion filed at #577 rather than to the response at #585 . (lh)
May 17, 2011 DOCKET CORRECTION re: #602 Reply to Response to Motion. Clerk's office corrected link to #572 Motion for Partial Summary Judgment rather than to the Memorandum in Support (sealed document) at #573 . (lh)
May 16, 2011 Opinion or Order Filing 604 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting Gary Tharaldson's #593 Motion for Leave to File Excess Pages (up to 10 additional pages for the reply brief); and granting Current Employee Class' #601 Motion for Leave to File Excess Pages (up to 2 additional pages for the reply brief). (SH)
May 13, 2011 Filing 603 CERTIFICATE OF SERVICE by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk re #602 Reply to Response to Motion, (Greenwald, Gary)
May 13, 2011 Filing 602 REPLY to Response to Motion re #572 MOTION for Partial Summary Judgment filed by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Greenwald, Gary) Modified on 5/17/2011 to correct link to #572 Motion rather than the memorandum in support (lh).
May 13, 2011 Filing 601 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File Additional Pages in Reply to Defendant Gary Tharaldson's Opposition to Motion for Summary Judgment by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Greenwald, Gary)
May 13, 2011 Filing 600 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #599 Sealed Document,, (Rinaldi, Bruce)
May 13, 2011 Filing 599 SEALED DOCUMENT (Former Employee Class Plaintiffs' Reply to Gary Tharaldson's Response to the Former Employee Class and Current Employee Class Plaintiffs' Motion for Partial Summary Judgment) re #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit MMM - Form of Transferor's Statement for 1999 and 2000 Tax Returns (Connie Tharaldson, Linda Tharaldson, Michael Tharaldson Trust, Matthew Tharaldson Trust, and Michelle Tharaldson Trust), #2 Exhibit NNN - Expert Rebuttal Report of Jeffrey Krenzel)(Rinaldi, Bruce) Modified on 5/17/2011 to correct link to original motion filed at #577 rather than to the response (lh).
May 13, 2011 Filing 598 SEALED DOCUMENT Unredacted Reply to Response to Motion for Partial Summary Judgment re #559 Sealed Document by North Star Trust Co.. (Attachments: #1 Ex. A - Citicorp Acknowledgments and Information, #2 Ex. B - CitiTrust002528)(Gwaltney, Alton)
May 13, 2011 Filing 597 REPLY to Response to Motion re #557 MOTION for Partial Summary Judgment (Redacted Version) filed by North Star Trust Co.. (Attachments: #1 Ex. A - Citicorp Acknowledgments and Information (filed under seal), #2 Ex. B - CitiTrust002528 (filed under seal))(Gwaltney, Alton)
May 13, 2011 Filing 596 SEALED DOCUMENT re #594 Reply to Response to Motion, by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun. (Attachments: #1 Exhibit 42 - FASB 305-10-20, #2 Exhibit 43 - Depo of Krenzel, #3 Exhibit 44 - Plaints' Memo in Support of Motion to Compel Ernst&Young (D.Minn.), #4 Exhibit 45 - ESOP Financial Statement, #5 Exhibit 46 - BCI Group Letter, #6 Exhibit 47 - Exhibit 45 of Depo of Croves (S Corp election), #7 Exhibit 48 - TMI Notes, #8 Exhibit 49 - Replacement ESOP Notes)(Rachal, Robert) Modified on 5/26/2011 to add more complete desciptions to attachments; and to add Raymond Braun as a filer (lh).
May 13, 2011 Filing 595 REPLY to Response to Motion re #561 MOTION for Summary Judgment filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Stock, Robert)
May 13, 2011 Filing 594 REPLY to Response to Motion re #569 MOTION for Summary Judgment Gary Tharaldson's Reply to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun. (Rachal, Robert) Modified on 5/26/2011 to add Raymond Braun as a filer (lh).
May 13, 2011 Filing 593 MOTION for Leave to File Excess Pages Gary Tharaldson's Unopposed Motion for Leave to File Additional Pages in Reply to Plaintiffs' Opposition to Summary Judgment by James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun. (Rachal, Robert) Modified on 5/26/2011 to add Raymond Braun as a filer; removed attorney Rachal's attorney-client relationship as to defendants James Lochow, South Dakota Trust Company, LLC, Linda Tharaldson, Roger Tharaldson (lh).
May 4, 2011 DOCKET CORRECTION re: #588 Sealed Document - Plaintiffs' and North Star's Consolidated Opposition to Selling Defendants' Motion for Summary Judgment and #589 Certificate of Service. The attachments to the Sealed Document #588 did not have thorough descriptions. The Clerk's Office has added a thorough description to each of the attachments. The Clerk's Office also linked the pleading to the Motion for Summary Judgment at #561 . The Certificate of Service #589 had one incorrect filer. The Clerk's Office removed defendant Raymond Braun as a filer from that entry. (lf)
May 2, 2011 Opinion or Order Filing 592 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #587 Motion for Leave to File Five (5) Excess Pages in response to Defendant Gary Tharaldson's motion for summary judgment. (SH)
April 29, 2011 Filing 591 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster re #590 Sealed Document,,,,,, (Rinaldi, Bruce)
April 29, 2011 Filing 590 SEALED DOCUMENT Plaintiffs' and North Star's Consolidated Opposition to Defendant Gary Tharaldson's Motion for Summary Judgment (Response to Motion for Summary Judgment by Gary Tharaldson filed on April 8, 2011 at #569 ) by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit 1 - (T16916) Stock Certificate of the TMI ESOP, dated December 17, 1998, #2 Exhibit 2 - E&Y's Sur-reply to Plaintiffs Motion to Compel, dated May 31, 2007, #3 Exhibit 3 - Sealed Order Denying Plaintiffs' Motion to Compel Production, dated September 24, 2007, #4 Exhibit 4 - (EYT1043431 - EYT1043433) Tharaldson ESOP To Do List, #5 Exhibit 5 - (EYT1053980 - EYT1053982) Tharaldson ESOP To Do List, #6 Exhibit 6 - Haugen Depo. Transcript, dated May 15, 2008, #7 Exhibit 7 - (JL00001) Letter from Povolny to Lochow & Braun re Sale to ESOP, dated December 23, 1999, #8 Exhibit 8 - Gross Depo. Transcript, dated February 10, 2011, #9 Exhibit 9 - Article entitled "Valuing S Corporation ESOP Companies", #10 Exhibit 10 - Krenzel Declaration, dated June 23, 2010, #11 Exhibit 11 - Morrison Depo. Transcript, dated February 2, 2011, #12 Exhibit 12 - (EYT1060977 - EYT1060978) Memo to the Tharaldson File by Rene Millner re Using Notes to Purchase QRP, #13 Exhibit 13 pt.1 - (EYT1005103 - EYT1005205) Statements of Purchase, Assignments, Amended Promissory Notes, Promissory Notes, #14 Exhibit 13 pt.2 - (EYT1005103 - EYT1005205) Statements of Purchase, Assignments, Amended Promissory Notes, Promissory Notes)(Rinaldi, Bruce) Modified on 5/4/2011 to create a link to #569 (lf).
April 29, 2011 Filing 589 CERTIFICATE OF SERVICE by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster re #588 Sealed Document (Ko, David) Modified on 5/4/2011 to remove Defendant Raymond Braun as a filer. Pleadings were filed by Plaintiffs (lf).
April 29, 2011 Filing 588 SEALED DOCUMENT Plaintiffs' and North Star's Consolidated Opposition to Selling Defendants' Motion for Summary Judgment (filed 4/8/11 at #561 ) by Charles Berryhill, Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit 1 - Financial Statement of Gary Tharaldson as of June 7, 1999, #2 Exhibit 2 - Financial Statement of Gary Tharaldson as of June 29, 2000, #3 Exhibit 3 - Stock Certificates for the Michelle Tharaldson Trust, #4 Exhibit 4 - Assignments Separate from Certificate dated December 1998, #5 Exhibit 5 - Stock Purchase Agreement between the Tharaldson Motels Inc., #6 Exhibit 6 - Transcript of the Deposition of Delphine Nauer taken June 25, 2008, #7 Exhibit 7 - Transcript of the Deposition of Cleone Nitti taken on June 27, 2008, #8 Exhibit 8 - Transcript of the Deposition of Rodney Tharaldson taken on 6/27/2008, #9 Exhibit 9 - Assignments Separate from Certificate dated December 1999, #10 Exhibit 10 - Loan Agreement dated December 17, 1998, #11 Exhibit 11-1 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 1, #12 Exhibit 11-2 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 2, #13 Exhibit 11-3 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 3, #14 Exhibit 11-4 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 4, #15 Exhibit 11-5 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 5, #16 Exhibit 11-6 - Tax Return for Gary and Connie Tharaldson dated 12/31/99 Part 6, #17 Exhibit 12 - Loan Agreement, #18 Exhibit 13 Tharaldson Closing Documents for Roger Tharaldson dated 12/17/1998, #19 Exhibit 14-1 - Tharaldson Closing Documents for the Matthew Tharaldson Trust, #20 Exhibit 14-2 - Tharaldson Closing Documents for the Matthew Tharaldson Trust, #21 Exhibit 14-3 - Tharaldson Closing Documents for the Matthew Tharaldson Trust, #22 Exhibit 15 - Tharaldson Closing Documents for Linda Tharaldson, #23 Exhibit 16-1 - Tharaldson Closing Documents for Connie Tharaldson (Part 1), #24 Exhibit 16-2 - Tharaldson Closing Documents for Connie Tharaldson (Part 2)(Ko, David) Modified on 5/3/2011 to add more complete descriptions to exhibits (lf). Modified on 5/4/2011 to create a link to document #561 (lf).
April 29, 2011 Filing 587 MOTION for Leave to File Excess Pages in Response to Defendant Gary Tharaldson's Motion for Summary Judgment by Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Ko, David)
April 29, 2011 Filing 586 SEALED DOCUMENT Unredacted Gary Tharaldson's Combined Opposition to Former Employee Class and Current Employee Class's Motions for Partial Summary Judgment re #585 Response to Motion by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit Declaration of G. Tharaldson, #2 Exhibit A - Tax Returns, #3 Exhibit B - Tax Returns, #4 Exhibit Declaration of R. Rachal, #5 Exhibit 34 - Plaintiff Objection to Magistrate Judge Order, #6 Exhibit 35 - Ernst & Young's Response to Plaintiffs' Appeal, #7 Exhibit 36 - C. Scott Deposition Exhibit 12, #8 Exhibit 37 - C. Scott Deposition, #9 Exhibit 38 - G. Thraldson deposition exhibit 13 - ESOP, #10 Exhibit 39 - G. Tharaldson deposition exhibit 13 - Guaranty, #11 Exhibit 40 - Herman v. Mercantile DOL Reply Brief, #12 Exhibit 41 - Herman v. Mercantile DOL Brief)(Rachal, Robert) Modified on 5/2/2011 to remove abbreviations from the docket text (lf).
April 29, 2011 Filing 585 RESPONSE to Motion re #572 MOTION for Partial Summary Judgment, #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment). Gary Tharaldson's Combined Opposition to the Former Employee Class and the Current Employee Class's Motions for Partial Summary Judgment filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Rachal, Robert) Modified on 5/2/2011 to remove duplicate text from the docket entry (lf).
April 29, 2011 Filing 584 SEALED DOCUMENT Declaration of Michael D. Spencer re #583 Response to Motion, by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 1- Deposition of D. Long Exhibit 32, #2 Exhibit 2 - Check in the amount of $492,293.41 dated June 30, 2000, #3 Exhibit 3 - Check in the amount of $425,725.56 dated June 30, 2000, #4 Exhibit 4 - Check in the amount of $425,725.56 dated June 30, 2000)(Spencer, Michael) Modified on 5/2/2011 to remove abbreviations from the docket text and to add a more thorough description to the exhibits (lf).
April 29, 2011 Filing 583 RESPONSE to Motion re #557 MOTION for Partial Summary Judgment (Redacted Version) Gary Tharaldson's Memorandum of Law in Opposition to North Star's Motion for Partial Summary Judgment filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spencer, Michael)
April 12, 2011 Opinion or Order Filing 582 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #575 Motion for Leave to File Documents Under Seal. In light of the number of documents, the Court will waive the requirement that the party re-file the proposed documents as sealed documents. This exception applies to this instance only. (SH)
April 12, 2011 DOCKET CORRECTION re #569 Motion for Summary Judgment. Modified entry to reflect correct filer. Motion was only filed by Gary D. Tharaldson. DOCKET CORRECTION re #572 Motion for Summary Judgment. Corrected motion relief from Summary Judgment to Partial Summary Judgment. DOCKET CORRECTION re #573 Sealed Motion and #576 Motion to Seal Document. Wrong events selected. Per Chambers, the clerk's office terminated the incorrectly filed motions and edited the docket entry text to reflect Sealed Document title. DOCKET CORRECTION re docket entries #574 , #575 , #576 , #578 , #579 , #580 , and #581 . Clerk's office modified each docket entry to remove unnecessary docket text and added hyperlinks to clarify docket entries. (lc)
April 8, 2011 Filing 581 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Larry Richman, Donna Walker, Michael Webster re #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment), #578 SEALED DOCUMENT (Exhibits), #579 SEALED DOCUMENT (Exhibits), and #580 SEALED DOCUMENT (Exhibits) (Rinaldi, Bruce) Modified on 4/12/2011 to remove unnecessary docket text and to add hyperlinks to all pleadings served. (lc)
April 8, 2011 Filing 580 SEALED DOCUMENT (Exhibits) re #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. NOTE: Main Document begins with Exhibit BBB - 100% Valuation of TMI dated December 31, 1999. (Attachments: #1 Exhibit CCC - R. Reilly Depo. Tran. dated March 11, 2011, #2 Exhibit DDD - R. Reilly Depo. Tran. dated August 25, 2010, #3 Exhibit EEE Pt. 1 - Reilly Expert Report dated June 25, 2010, #4 Exhibit EEE Pt. 2 - Reilly Expert Report dated June 25, 2010, #5 Exhibit EEE Pt. 3 - Reilly Expert Report dated June 25, 2010, #6 Exhibit EEE Pt. 4 - Reilly Expert Report dated June 25, 2010, #7 Exhibit FFF - Bloom Rebuttal Expert Bloom dated August 2, 2010, #8 Exhibit GGG - Gross Expert Report dated August 2, 2010, #9 Exhibit HHH - Miller Expert Report dated December 30, 2010, #10 Exhibit III - Messina Expert Report dated June 25, 2010, #11 Exhibit JJJ - (T00245) Loan Agreement between G. Tharaldson and TMI ESOP dated December 17, 1998, #12 Exhibit KKK - Messina Rebuttal Expert Report dated August 2, 2010, #13 Exhibit LLL - (EYT1047420-EYT1047421) Memo from Millner to TMI ESOP File dated November 23, 1998)(Rinaldi, Bruce) Modified on 4/12/2011 to remove unnecessary docket text. (lc)
April 8, 2011 Filing 579 SEALED DOCUMENT (Exhibits) re #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Larry Richman, Donna Walker, Michael Webster. NOTE: Main Document begins with Exhibit JJ - Letter to Knutson from Bowman dated September 27, 2001. (Attachments: #1 Exhibit KK - (EYT1005190 & EYT1100882) Statement of Purchase of TMI II Stock & TMI II Meeting Minutes, #2 Exhibit LL - (BNC002190 & T106686) Transferor's Statement for G. Tharaldson for 1999 and 2000 Tax Returns, #3 Exhibit MM - (T04008-T04009) Letter from Knutson to Daniels dated December 29, 1999, #4 Exhibit NN - (T04010-T04011) Letter from Knutson to Nicholson dated December 29, 1999, #5 Exhibit OO - (T04012-T04015) Letter from Knutson to Green dated December 29, 1999, #6 Exhibit PP - M. Knutson Depo. Tran., #7 Exhibit QQ - (T16224-T16252) Tharaldson Closing Documents, #8 Exhibit RR - (T00760-T00764) SPA between TMI ESOP and G. Tharaldson dated December 27, 1999, #9 Exhibit SS - Rule 30(b)(6) Depo. Tran. of E&Y, #10 Exhibit TT - (T01361-T01387) Promissory Notes to Selling Shareholders by TMI ESOP dated December 27, 1999, #11 Exhibit UU Pt. 1 - (T05179-T05254) Valuation of TMI dated September 30, 1998, #12 Exhibit UU Pt. 2 - (T05179-T05254) Valuation of TMI dated September 30, 1998, #13 Exhibit UU Pt. 3 - (T05179-T05254) Valuation of TMI dated September 30, 1998, #14 Exhibit VV - (APEX04217-APEX04288) 98% Valuation of TMI dated December 27, 1999, #15 Exhibit WW - T. Furlong Depo. Tran, #16 Exhibit XX - (T05995-T05996) Letter from Tharaldson to Furlong dated December 23, 1999, #17 Exhibit YY - (EYT1061478-EYT1061486) Letter to Tharaldson from Furlong re: Updated Appraisal dated December 23, 1999, #18 Exhibit ZZ - (APEX00124-APEX00125) APEX Example of ESOP Debt, #19 AAA - (APEX0462-APEX01463) APEX Example of ESOP Debt)(Rinaldi, Bruce) Modified on 4/12/2011 to remove unnecessary docket text. (lc)
April 8, 2011 Filing 578 SEALED DOCUMENT (Exhibits) re #577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment) filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. NOTE: Main Document begins with Exhibit O - SPA between TMI ESOP and G. Tharaldson dated December 17, 1998. (Attachments: #1 Exhibit P - (T02005) Statement of Election under Section 1042, #2 Exhibit Q - (EYT1058848-EYT1058850) Letter to Tharaldson from E&Y re: Purchasing QRP dated October 17, 2000, #3 Exhibit R - (EYT1058890-EYT1058893) Letter to Tharaldson from Wurst dated December 2, 1999, #4 Exhibit S Pt. 1 - D. Petrocchi Depo. Tran., #5 Exhibit S Pt. 2 - D. Petrocchi Depo. Tran., #6 Exhibit T - W. Goldberg Depo. Tran., #7 Exhibit U - (EYT1000872) Letter to Goldberg from Petrocchi dated December 2, 1999, #8 Exhibit V - (EYT1072240) Letter to Gurule from Goldberg dated December 14, 1999, #9 Exhibit W - (EYT1062328) Letter to Tharaldson from IRS dated December 21, 1999, #10 Exhibit X - (BNC000064-BNC000082) Letter from Knutson to Scott dated July 14, 1999, #11 Exhibit Y - (BNC000083-BNC000090) Loan Proposal from Scott to Tharaldson dated November 22, 1999, #12 Exhibit Z - Rule 30(b)(6) Depo. Tran. of BNC Bank, #13 Exhibit AA - (FB-SUB001149-FB-SUB001151) Guarantor Pledge Agreement signed by G. Tharaldson, #14 Exhibit BB - (BNC000767-BNC000786) Executed Subordination Agreement between C. Tharaldson & BNC Bank dated December 15, 1999, #15 Exhibit CC - (BNC000787-BNC000802) Executed Subordination Agreement between Braun & Lochow & BNC Bank dated December 15, 1999, #16 Exhibit DD - (BNC000803-BNC000818) Executed Subordination Agreement between Matthew Tharaldson Trust & BNC Bank dated December 15, 1999, #17 Exhibit EE - (BNC000819-BNC000835) Executed Subordination Agreement Between Michael Tharaldson Trust & BNC Bank dated December 15, 1999, #18 Exhibit FF - (FB-SUB001166-FB-SUB001167) Subordination Agreement signed by G. Tharaldson, #19 Exhibit GG - G. Tharaldson's Amended Answers to Admissions dated March 24, 2010, #20 Exhibit HH - (EYT103888-EYT103946) Documents Relating to Purchase of HMI as QRP, #21 Exhibit II - (T00717) HMI Meeting Minutes dated December 16, 1999)(Rinaldi, Bruce) Modified on 4/12/2011 to remove unnecessary docket text. (lc)
April 8, 2011 Filing 577 SEALED MOTION (Former Employee Class Plaintiffs' Motion for Partial Summary Judgment) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 "Memorandum of the Former Employee Class Plaintiffs in Support of Motion for Partial Judgment, #2 Exhibit A - (EYT1045724-EYT1045726) Document Entitled "Business Liquidity Financed with Tax Savings", #3 Exhibit B - (T05952-T05967) E&Y Power Point Presentation, #4 Exhibit C - (EYT1004775-EYT1004780) Voves Memo re: Tharaldson ESOP Financial Model, #5 Exhibit D - (T05947-T05951) Letter to Tharaldson from Ernst & Young dated January 11, 1999, #6 Exhibit E - (T16916) TMI ESOP Stock Certificate, #7 Exhibit F - Rule 30(b)(6) Depo. Tran. of TMI, #8 Exhibit G - (TMI-00334-TMI-000339) Chart of Stock Ownership of TMI Shares, #9 Exhibit H - (T06094-T06112) Document entitled "Building Value Together", #10 Exhibit I - (BNC00006-BNC00016) Letters from Knutson to All Tharaldson Lenders, #11 Exhibit J - (EYT1046360-EYT1046361) Letter to Croves from Petrocchi dated April 29, 1999, #12 Exhibit K Pt 1 - Gary Tharaldson Depo. Tran., #13 Exhibit K Pt. 2 - Gary Tharaldson Depo. Tran., #14 Exhibit L - T. Cleary Depo. Tran., #15 Exhibit M Pt. 1 - P. Wurst Depo. Tran., #16 Exhibit M Pt. 2 - P. Wurst Depo. Tran., #17 Exhibit N - J. Povolny Depo. Tran.)(Rinaldi, Bruce)
April 8, 2011 Filing 576 SEALED DOCUMENT - PROPOSED Sealed Pleadings in support of Gary Tharaldson's Motion for Summary Judgment filed at #569 by Gary D. Tharaldson. NOTE: All the attached pleadings to this docket entry were submitted as proposed sealed pleadings to the Motion for Leave to File Under Seal at #575 . (Attachments: #1 Exhibit 1 - 2006 Stout Risius Ross Report, #2 Exhibit 2 - Berman Report, #3 Exhibit 3 - Berins Depo, #4 Exhibit 4 - APEX 2002 Report, #5 Exhibit 5 - Larson Depo & Exh 7, #6 Exhibit 6 - Gross Expert Report, #7 Exhibit 7 - Reilly Depo & Exh 19, #8 Exhibit 8 - Miller Deposition, #9 Exhibit 9 A - Petrocchi Depo, #10 Exhibit 9 B - Petrocci Depo & Ex 23-25, #11 Exhibit 10 -Gilbert Expert Report, #12 Exhibit 11 -Cleary Deposition, #13 Exhibit 12 -E&Y Memo of Law, #14 Exhibit 13 - Wurst Affidavit, #15 Exhibit 14 - Bloom Rebuttal Report, #16 Exhibit 15-A - Reilly Expert Report, #17 Exhibit 15 - B Reilly Expert Report, #18 Exhibit 16-A - Wurst Deposition, #19 Exhibit 16 - B - Wurst Deposition, #20 Exhibit 17 - Plaintiffs' Motion to Compel Production, #21 Exhibit 18 - Order Sept. 24, 2007, #22 Exhibit 19 - Order Jan. 29, 2008, #23 Exhibit 20 - G. Tharaldson March 12, 2008 depo, #24 Exhibit 21 - G. Tharaldson Response to Plaintiffs'3rd Interrogatores, #25 Exhibit 22 A - Furlong Deposition, #26 Exhibit 22 B - Furlong Exhibit 10, #27 Exhibit 22 C - Furlong Exhibit 19, #28 Exhibit 23 - G. Tharaldson Answer to Plaintiffs' 1st Interrogatories, #29 Exhibit 24 - Gilbert deposition, #30 Exhibit 25 - Reilly deposition, #31 Exhibit 26 - Reilly rebuttal report, #32 Exhibit 27 - DOL Brief Herman v. Mercantile, #33 Exhibit 28 - G. Tharaldson Ex. 13, #34 Exhibit 29 - Miller Expert Report, #35 Exhibit 30 - Spiry Deposition Ex. 6, #36 Exhibit 31 - Spiry Deposition Ex. 7, #37 Exhibit 32 - Spiry Deposition Ex. 8, #38 Exhibit 33 A - Long Deposition, #39 Exhibit 33 B - Long Deposition Exhibits 19, 20, 22, 25, 26, 33, 34)(Rachal, Robert) Modified on 4/12/2011: Wrong event was selected (Motion to Seal Document). Per chambers, terminated the sealed motion and added text "Sealed Document". Also removed unnecessary text and added hyperlinks. (lc)
April 8, 2011 Filing 575 MOTION for Leave to File Under Seal pleadings in support of Gary Tharaldson's Motion for Summary Judgment filed at #569 by Gary D. Tharaldson. (Attachments: #1 Proposed Sealed Document Memorandum in Support Of Motion for Summary Judgment, #2 Proposed Sealed Document Confidential Declaration of G. Tharaldson, #3 Proposed Sealed Document Appendix of Exhibits, #4 Exhibit A - Whitehall offer letter, #5 Exhibit B Northstar Engagement letter, #6 Exhibit C - Northstar Engagement Letter, #7 Exhibit D - E&Y Esop Memo, #8 Exhibit E - E&Y Engagement Letter, #9 Exhibit F - 1998 Engagement Letter, #10 Exhibit ESOP Plan Sec. 2.1, #11 Exhibit H - APEX Valuation Letter, #12 Exhibit ESOP Transaction Assumption, #13 Exhibit J - Stock Purchase Agreement Sec. 1B, #14 Exhibit K -E&Y Financial Model, #15 Exhibit L - Furlong Valuation Letter, #16 Exhibit M - Michael Tharaldson Dynasty Trust Agreement, #17 Exhibit N - Matthew Tharaldson Dynasty Trust Agreement, #18 Exhibit O - Michele Tharaldson Dynasty Trust Stock Purchase Agreement)(Rachal, Robert) Modified on 4/12/2011 to clarify docket text. SEE continued proposed sealed pleadings at #576 . (lc)
April 8, 2011 Filing 574 SEALED DOCUMENT DECLARATION OF DAVID J. KO re #573 Memorandum in Support of Motion for Partial Summary Judgment filed by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Exhibit 1 - Consent in Lieu of Meeting of Board of Directors of TMI, #2 Exhibit 2 - Closing Documents 12/17/98, #3 Exhibit 3 - Colleen Haugen Financial Documents, #4 Exhibit 4 - Connie Tharaldson Financial Documents, #5 Exhibit 5- TMI Stock Ledger, #6 Exhibit 6 - E&Y 1/11/99 Memo, #7 Exhibit 7 - 7/14/99 Scott Correspondence, #8 Exhibit 8 - BNC Commercial Credit Display, #9 Exhibit 9 -12/20/99 Scott Correspondence, #10 Exhibit 10 - Correspondence between GT and Furlong, #11 Exhibit 11 - E&Y 10/17/00 Memo, #12 Exhibit 12 - HMI Purchase Docs, #13 Exhibit 13 - 9/30/98 APEX Valuation Excerpts, #14 Exhibit 14 - 10/31/99 APEX Valuation Excerpts, #15 Exhibit 15 - 12/31/99 APEX Valuation Analysis Summary, #16 Exhibit 16 - 12/17/98 Promissory Note)(Ko, David) Modified on 4/12/2011 to remove unnecessary docket text. (lc) Modified on 5/18/2011 (jo)to correct typographical error.
April 8, 2011 Filing 573 SEALED DOCUMENT Memorandum in Support re #572 Motion for Partial Summary Judgment by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Proposed Order)(Ko, David) Modified on 4/12/2011: Wrong event was selected (Sealed Motion). Per chambers, terminated the sealed motion and added text "Sealed Document". Added hyperlink to Motion for Partial Summary Judgment. (lc)
April 8, 2011 Filing 572 MOTION for Partial Summary Judgment by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Ko, David) Modified on 4/12/2011 to correct the motion relief. (lc)
April 8, 2011 Filing 571 MEMORANDUM in Support re #569 MOTION for Summary Judgment (Redacted Version) filed by Gary D. Tharaldson. (Rachal, Robert)
April 8, 2011 Filing 570 MOTION for Hearing re #569 MOTION for Summary Judgment by Gary D. Tharaldson. (Rachal, Robert)
April 8, 2011 Filing 569 MOTION for Summary Judgment by Gary D. Tharaldson. (Rachal, Robert) Modified on 4/12/2011 to remove incorrect filers. (lc)
April 8, 2011 Filing 568 CERTIFICATE OF SERVICE by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson re #567 Sealed Document,, re Affidavit of Debra J. Haarsager (Stock, Robert)
April 8, 2011 Filing 567 SEALED DOCUMENT Affidavit of Debra J. Haarsager re #561 MOTION for Summary Judgment and re #563 Memorandum in Support by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit A: Deposition of Raymond Braun (05-14-08), #2 Exhibit B: Deposition of James Lochow (05-15-08), #3 Exhibit C: Deposition of Connie Tharaldson (01-12-11), #4 Exhibit D: Deposition of Roger Tharaldson (06-25-08), #5 Exhibit E: Deposition of Linda Tharaldson (06-26-08))(Stock, Robert)
April 8, 2011 Filing 566 CLERK'S JUDGMENT. Charles Berryhill is terminated as class representative and dismissed from this case.(lf)
April 8, 2011 Filing 565 MOTION for Hearing re #561 MOTION for Summary Judgment by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson. (Stock, Robert)
April 8, 2011 Opinion or Order Filing 564 ORDER (TEXT ONLY) directing the parties to correct the caption on all future pleadings by Chief Judge Ralph R. Erickson. Throughout the course of this litigation, plaintiffs have been added and terminated but the pleadings by the parties have not conformed to reflect the correct plaintiffs. Various captions are being used by the parties. Counsel are ordered to make sure that their caption on all future pleadings identifies the parties correctly.(SH)
April 8, 2011 Filing 563 MEMORANDUM in Support re #561 MOTION for Summary Judgment filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson. (Stock, Robert)
April 8, 2011 Opinion or Order Filing 562 ORDER re #556 Notice of Voluntary Dismissal of Charles Berryhill by Chief Judge Ralph R. Erickson. The Clerks is directed to dismiss Charles Berryhill as a plaintiff in this action.(SH)
April 8, 2011 Filing 561 MOTION for Summary Judgment by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson. (Stock, Robert)
April 7, 2011 Filing 560 SEALED DOCUMENT Unredacted Memorandum in Support of Motion for Partial Summary Judgment Filed Under Seal re #559 Sealed Document by North Star Trust Co.. (Attachments: #1 Ex. 1 - TMI Employee Stock Ownership Plan & Trust, #2 Ex. 2 - "CitiTrust" Documents, #3 Ex. 3 - "MJT" Documents, #4 Ex. 4-1 - "T" Documents (T00423-T01903), #5 Ex. 4-2 - "T" Documents (T01904-T04860), #6 Ex. 4-3 - "T" Documents (T04861-T05020), #7 Ex. 4-4 - "T" Documents (T05021-T05183), #8 Ex. 4-5 - "T" Documents (T05184-T16912), #9 Ex. 5 - "MLT" Documents, #10 Ex. 6 - "MDT" Documents, #11 Ex. 7 - Diane Long Deposition, 09-04-08, #12 Ex. 8 - Colleen Haugen Deposition, 05-15-08, #13 Ex. 9 - Mark Knutson Deposition, 04-25-08, #14 Ex. 10 - G. Tharaldson Deposition, 03-12-08, #15 Ex. 11 - "EYT" Documents, #16 Ex. 12 - "APEX" Documents, #17 Ex. 13 - Thomas Furlong Deposition, #18 Ex. 14 - Expert Report of D. Messina, #19 Ex. 15 - Expert Report of S. Miller)(Gwaltney, Alton) Modified on 4/8/2011 to specify "unredacted" (lf).
April 7, 2011 Filing 559 SEALED DOCUMENT Unredacted Motion for Partial Summary Judgment Filed Under Seal by North Star Trust Co. (Gwaltney, Alton) Modified on 4/8/2011 to specify "unredacted" (lf).
April 7, 2011 Filing 558 MEMORANDUM in Support re #557 MOTION for Partial Summary Judgment (Redacted Version) filed by North Star Trust Co.. (Attachments: #1 Exhibits 1 - 15 Filed Under Seal)(Gwaltney, Alton)
April 7, 2011 Filing 557 MOTION for Partial Summary Judgment (Redacted Version) by North Star Trust Co.. (Gwaltney, Alton)
April 7, 2011 Filing 556 NOTICE of Voluntary Dismissal by Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk (Ko, David)
March 21, 2011 Opinion or Order Filing 555 ORDER adopting terms contained in #553 Stipulation on Discovery Related to Current Employee Class Representatives by Chief Judge Ralph R. Erickson. (SH)
March 21, 2011 Opinion or Order Filing 554 ORDER by Chief Judge Ralph R. Erickson granting in part and denying in part #550 Motion to Approve Class Notice and Plan of Notice. (Attachments: #1 Exhibit - Approved Form of Class Notice, #2 Exhibit - Approved Legal Summary) (SH)
March 14, 2011 Filing 553 STIPULATION On Discovery Related To Current Employee Class Representatives by Connie Tharaldson, Gary D. Tharaldson. (Seemann, Charles)
March 10, 2011 Filing 552 REPLY to Response to Motion re #550 MOTION to Approve Class Notice and Plan of Notice (Renewed) filed by Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Ko, David) Modified on 3/11/2011 to delete duplicate text. (lc)
March 7, 2011 DOCKET CORRECTION re: #551 Response to Motion. Clerk's office added exhibit letters to attachment descriptions. (lh)
March 4, 2011 Filing 551 RESPONSE to Motion re #550 MOTION to Approve Class Notice and Plan of Notice (Renewed) filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A - Proposed Class Notice, #2 Exhibit B - Defendants' proposed summary class notice, #3 Exhibit C - Class Cert. Hearing Transcript, #4 Exhibit D - Addendum)(Rachal, Robert) Modified on 3/4/2011: NOTE - Pursuant to a telephone call from counsel, pleading is the original and NOT a draft copy. NEF regenerated to all counsel. (lc) Modified on 3/7/2011 to remove duplicate text and add exhibit letters to attachment descriptions (lh).
February 25, 2011 Filing 550 MOTION to Approve Class Notice and Plan of Notice (Renewed) by Charles Berryhill, Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Notice of Pendency of Class Action, #2 Exhibit B - Summary Notice, #3 Exhibit C - Addendum to Notice of Pendency of Class Action)(Barton, R. Joseph)
February 24, 2011 Opinion or Order Filing 549 ORDER by Chief Judge Ralph R. Erickson granting Defendants' #546 Motion to Amend the Scheduling Order, and dismissing as moot #547 Plaintiffs' Motion for Revised Scheduling Order. The pretrial conference is continued until November 28, 2011, at 1:30 pm (previously set for July 5, 2011). The trial is continued until November 29, 2011, at 9:00 a.m. (previously set for July 6, 2011)(SH)
February 24, 2011 Reset Deadlines/Hearings: Dispositive Motions due by 4/8/2011. Pretrial Conference RESET for 11/28/2011 at 01:30 PM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 07/05/2011). Bench Trial RESET for 11/29/2011 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 07/06/2011). (SH)
February 24, 2011 Hearings terminated: Jury Trial previously set for 7/6/2011 is terminated. The case has been re-set as a Bench Trial on 11/29/11 per Order at #549 . (lh)
February 23, 2011 Filing 548 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Status Conference via telephone held on 2/23/2011. (Court Reporter kk) (sg)
February 22, 2011 Filing 547 MOTION for Revised Scheduling Order by Charles Berryhill, Carlos Gonzales, Raymond Hans, Gayle Herbert, Jeremy Jackey, Donald Klain, Chuck LeBlanc, Sidney Lien, Jolene Matheson-Godschalk, North Star Trust Co., Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
February 22, 2011 Filing 546 MOTION to Amend/Correct #502 Scheduling Order, by Connie Tharaldson, Gary D. Tharaldson. (Spencer, Michael)
February 22, 2011 Opinion or Order Filing 545 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #544 Motion for Leave to Appear Pro Hac Vice for Attorney Charles F. Seemann III. (NJM)
February 7, 2011 Filing 544 MOTION for Leave to Appear Pro Hac Vice Attorney Charles F. Seemann III by Connie Tharaldson and Gary D. Tharaldson. (Filing fee $150, receipt number FA002324) (lc)
February 1, 2011 Filing 543 TRANSCRIPT OF IN-CHAMBERS TELEPHONIC STATUS CONFERENCE, held on January 5, 2011, before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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 2/8/2011. Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. (kk)
February 1, 2011 Filing 542 NOTICE OF FILING OF TRANSCRIPT (STATUS CONFERENCE) (kk)
January 6, 2011 Opinion or Order Filing 541 ORDER REGARDING EXPERT DISCLOSURE AND DISCOVERY AND SETTING STATUS CONFERENCE by Chief Judge Ralph R. Erickson. Status Conference set for 2/23/2011 at 01:30 PM by telephone before Chief Judge Ralph R. Erickson. (AH) Modified on 1/6/2011 to attach the Order (no document was attached with the original filing) and correct hearing to "by telephone"; regenerated NEF (lh).
January 5, 2011 Filing 540 NOTICE of Hearing: Status Conference via phone set for 2/23/2011 at 1:30 PM CT before Chief Judge Ralph R. Erickson (court will initiate call)(sg)
January 5, 2011 Filing 539 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Status Conference via phone held on 1/5/2011. (Court Reporter kk) (sg)
December 28, 2010 Filing 538 NOTICE of Appearance by Robert B. Stock on behalf of Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson (Stock, Robert)
December 15, 2010 Filing 537 TRANSCRIPT OF PROCEEDINGS (MOTION TO EXTEND DEADLINE) held on November 24, 2010, before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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 12/22/2010. Redaction Request due 1/5/2011. Redacted Transcript Deadline set for 1/18/2011. Release of Transcript Restriction set for 3/15/2011. (kk)
December 15, 2010 Filing 536 NOTICE OF FILING OF TRANSCRIPT (MTN TO EXTEND DEADLINE) (kk)
December 3, 2010 Filing 535 NOTICE of Appearance by Derek W. Loeser on behalf of Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk (Loeser, Derek)
December 1, 2010 DOCKET CORRECTION re: RESPONSE #532 Clerk's Office added description to Exhibit 1 (jo)
November 24, 2010 Filing 534 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Telephone Conference held on 11/24/2010. (Court Reporter kk) (sg)
November 24, 2010 Opinion or Order Filing 533 ORDER granting #531 Motion to Amend/Correct by Chief Judge Ralph R. Erickson. (AH)
November 24, 2010 Set Hearing: Status Conference set for 1/5/2011 at 1:30 PM by telephonic conference before Chief Judge Ralph R. Erickson. SEE Order at #533 . (lc)
November 23, 2010 Filing 532 RESPONSE to Motion re #531 MOTION to Amend/Correct The Court's Scheduling Order Regarding Expert Disclosure and Discovery filed by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Attachments: #1 Exhibit 1 - emails from and to Larry Gwaltney, Bruce Rinaldi,Jason Kolcun,Mark Nebrig, Joe Barton, Howard Shapiro)(Rachal, Robert) Modified on 12/1/2010 to add description to exhibit 1(jo).
November 19, 2010 Filing 531 MOTION to Amend/Correct The Court's Scheduling Order Regarding Expert Disclosure and Discovery by Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Attachments: #1 Exhibit Proposed Order)(Ko, David)
November 18, 2010 Opinion or Order Filing 530 ORDER by Chief Judge Ralph R. Erickson granting #529 Motion for a Status Conference. (SH)
November 18, 2010 Set Hearing: TELEPHONE Status Conference set for 11/24/2010 at 01:30 PM before Chief Judge Ralph R. Erickson. Counsel wanting to participate must contact the Court with the telephone number where he/she can be reached at the time of the hearing. (SH) Modified on 11/19/2010 to remove "chambers" from docket text (lf).
November 17, 2010 Filing 529 MOTION (Joint) for Status Conference to Resolve Scheduling Issues by Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk. (Gotto, Gary)
October 22, 2010 Opinion or Order Filing 528 ORDER by Chief Judge Ralph R. Erickson granting #523 Motion to Appoint Class Representatives and Class Counsel. (SH)
October 20, 2010 Filing 527 NOTICE of Appearance by Gary A. Gotto on behalf of Charles Berryhill, Carlos Gonzales, Don Klain, Sidney Lien, Jolene Matheson-Godschalk (Gotto, Gary)
October 19, 2010 Filing 526 RESPONSE to Motion re #523 MOTION to Appoint Counsel and Appoint Class Representatives filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
October 17, 2010 DOCKET CORRECTION re: #525 Notice of Appearance. Clerk's office added Carlos Gonzales, Don Klain, Sidney Lien and Jolene Matheson-Godschalk as additional filers. (rm)
October 12, 2010 Filing 525 NOTICE of Appearance by Ron Kilgard on behalf of Charles Berryhill, Carlos Gonzales, Don Klain, Sidney Lien and Jolene Matheson-Godschalk (Kilgard, Ron) Modified on 10/17/2010 to add additional filers. (rm)
October 12, 2010 DOCKET CORRECTION re: #522 Notice of Appearance, #523 MOTION to Appoint Counsel and Appoint Class Representatives, and #524 Memorandum in Support. The incorrect filers were selected because the appropriate filers were not available to select. The Clerk's Office added Charles Berryhill, Carlos Gonzales, Don Klain, Jolene Matheson-Godschalk and Sidney Lien as interested parties, and corrected the pleadings to reflect these interested parties as the filers. The NEFs were regenerated to all parties. No further steps required from filers regarding these entries. (lf)
October 8, 2010 Filing 524 MEMORANDUM in Support re #523 MOTION to Appoint Counsel and Appoint Class Representatives filed by Charles Berryhill, Carlos Gonzales, Don Klain, Jolene Matheson-Godschalk, and Sidney Lien. (Attachments: #1 Exhibit 1 Declaration John Hommel, #2 Exhibit 2 Declaration of Charles Berryhill, #3 Exhibit 3 Declaration of Carlos Gonzalez, #4 Exhibit 4 Declaration of Don Klain, #5 Exhibit 5 Declaration of Sid Lien, #6 Exhibit 6 Declaration Jolene Matheson-Godschalk, #7 Exhibit 7 Firm Resume, #8 Proposed Order)(Ko, David) Modified on 10/12/2010 to correct filers. NEF regenerated (lf).
October 8, 2010 Filing 523 MOTION to Appoint Counsel and Appoint Class Representatives by Charles Berryhill, Carlos Gonzales, Don Klain, Jolene Matheson-Godschalk, and Sidney Lien. (Ko, David) Modified on 10/12/2010 to correct filers. NEF regenerated (lf).
October 8, 2010 Filing 522 NOTICE of Appearance by David J. Ko on behalf of Charles Berryhill, Carlos Gonzales, Don Klain, Jolene Matheson-Godschalk, and Sidney Lien (Ko, David) Modified on 10/12/2010 to correct filers. NEF regenerated (lf).
September 15, 2010 Opinion or Order Filing 521 ORDER by Chief Judge Ralph R. Erickson approving #518 North Star Trust Company's Proposal for Selection of Current Employee Class Representatives and Class Counsel (SH) (Main Document 521 replaced on 9/16/2010 to correct typographical error. NEF regenerated.) (lc)
September 15, 2010 DOCKET CORRECTION re: #518 "Corrected" Motion filed by North Star Trust Co. Duplicate motion entry filed. North Star Trust should have contacted the CM/ECF Help Desk before filing their corrected motion. Per chambers, due to the filing of the corrected motion, the clerk's office terminated the pending Motion to Approve Proposal for Selection of Current Employee Class Representatives and Class Counsel at #517 . The clerk's office refiled Gary and Connie Tharaldson's Response to Motion to properly link to the "Corrected" Motion at #518 . (lc)
September 13, 2010 Filing 520 RESPONSE to Motion re #518 MOTION - Corrected Proposal for Selection of Current Employee Class Representatives and Current Employee Class Counsel (name on page 4 changed from Schmitz to Lien) filed by Connie Tharaldson, Gary D. Tharaldson. NOTE: Response was refiled to properly link to the "Corrected Motion" at #518 . (lc) Modified on 9/15/2010 to add note regarding refiling of pleading. (lc)
September 9, 2010 Filing 518 MOTION - Corrected Proposal for Selection of Current Employee Class Representatives and Current Employee Class Counsel (name on page 4 changed from Schmitz to Lien) by North Star Trust Co.. (Gwaltney, Alton)
September 9, 2010 DOCKET CORRECTION re: #517 Proposal for Selection of Current Employee Class Representatives and Class Counsel by North Star Trust Co. Per chambers, clerk's office modified event to be a motion as the court will need to approve the proposal. (lh)
September 8, 2010 Filing 517 MOTION to Approve Proposal for Selection of Current Employee Class Representatives and Class Counsel by North Star Trust Co. (Gwaltney, Alton) Modified on 9/9/2010 per chambers to change event to a motion as the court will need to approve the proposal (lh). SEE CORRECTED MOTION at #518 . Modified on 9/15/2010 to terminate this pending motion and to add a hyperlink to the corrected Motion filed by North Star Trust Co. at #518 . (lc)
August 31, 2010 Opinion or Order Filing 515 ORDER setting deadlines for the selection of Class Representatives and Counsel, Staying Case, and Re-Setting Trial Date by Chief Judge Ralph R. Erickson. (SH)
August 31, 2010 Opinion or Order Filing 514 ORDER Amending Protective Order at #68 by Chief Judge Ralph R. Erickson. Confidential Material may be disclosed to class counsel for the Current Employee Class.(SH)
August 31, 2010 Set/Reset Trial: Pretrial Conference RESET for 7/5/2011 at 01:30 PM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 01/11/2011 at 9:00 a.m.). Jury Trial RESET for 7/6/2011 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 01/11/2011 at 9:30 a.m.). (SH)
August 31, 2010 Case Stayed pursuant to Order at document #515 . (lf)
August 30, 2010 Filing 516 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Status Conference held on 8/30/2010. (Court Reporter kk) (sg)
August 30, 2010 Filing 513 NOTICE of Hearing: Status Conference via telephone set for Monday, 8/30/2010 at 4:00 PM in Chambers before Chief Judge Ralph R. Erickson. Court will initiate the call.(sg)
August 27, 2010 Opinion or Order Filing 512 ORDER by Chief Judge Ralph R. Erickson granting #446 Motion to Amend/Correct Class Certification Order at Doc. #445 ; finding as moot #446 Motion for Order to Show Cause as Court previously granted motion at Doc. #503 ; granting #448 Motion to Modify Definition of Former Employee Class; granting #457 Motion to Modify Definition of Current Employee Class; granting in part and denying in part #459 Motion by Roy Blassingame to be substituted as class representative; and denying #497 Motion for Hearing by Roy Blassingame. (SH)
August 26, 2010 Filing 511 NOTICE of Change of Address by Julia Campins (Campins, Julia)
August 20, 2010 Filing 510 TRANSCRIPT OF PROCEEDINGS (ORDER TO SHOW CAUSE) held on August 2, 2010, before Judge Ralph R. Erickson. Court Reporter/Transcriber Charla A. Pawlik, Telephone number 701-297-7000. 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. Redaction Request due 9/10/2010. Redacted Transcript Deadline set for 9/20/2010. Release of Transcript Restriction set for 11/18/2010. (kk)
August 20, 2010 Filing 509 NOTICE OF FILING OF TRANSCRIPT (ORDER TO SHOW CAUSE) (kk)
August 9, 2010 Filing 508 TRANSCRIPT OF PROCEEDINGS (IN-CHAMBERS TELEPHONIC MOTION TO COMPEL) held on June 23, 2010, before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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. Redaction Request due 8/30/2010. Redacted Transcript Deadline set for 9/9/2010. Release of Transcript Restriction set for 11/8/2010. (kk)
August 9, 2010 Filing 507 NOTICE OF FILING OF TRANSCRIPT (In-chambers Telephonic Motion to Compel held 6/23/10) (kk)
August 2, 2010 Filing 506 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Show Cause Hearing held on 8/2/2010. (Court Reporter Charla Pawlik) (td)
July 30, 2010 Filing 505 RESPONSE to Motion re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered filed by Department of Labor. (Dolan, Peter)
July 23, 2010 Filing 504 NOTICE of Appearance by Robyn Swanson on behalf of Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster (Attachments: #1 Certificate of Service)(Swanson, Robyn)
July 19, 2010 Opinion or Order Filing 503 ORDER TO SHOW CAUSE to the United States Department of Labor by Chief Judge Ralph R. Erickson. Show Cause Hearing set for 8/2/2010 at 01:30 PM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson.(SH)
July 15, 2010 Opinion or Order Filing 502 REVISED SCHEDULING ORDER by Chief Judge Ralph R. Erickson. The Court adopts the parties' Stipulation to Amend the Case Management Order #500 , which is at #452 . Rebuttal expert disclosures now due 08/2/2010; expert discovery and depositions to be completed by 08/27/2010; Dispositive Motions due by 9/13/2010.(SH)
July 15, 2010 Opinion or Order Filing 501 ORDER by Chief Judge Ralph R. Erickson granting #498 Motion to Amend Scheduling Order Relating to Equitable Discovery 439 . (SH)
July 9, 2010 Filing 500 STIPULATION re #452 Scheduling Order, To Amend Case Management Order Relating to Expert Reports and Depositions by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
July 9, 2010 Filing 499 RESPONSE to Motion re #497 MOTION for Hearing re #459 MOTION to substitute class representation filed by Connie Tharaldson, Gary D. Tharaldson. (Rachal, Robert)
July 9, 2010 Filing 498 MOTION to Amend/Correct 439 Order, Relating to Equitable Discovery by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
July 2, 2010 Filing 497 MOTION for Hearing re #459 MOTION to substitute class representation by Roy Blassingame. (Campins, Julia)
July 1, 2010 Opinion or Order Filing 496 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting Jeffrey G. Lewis' #464 Motion to Appear Pro Hac Vice; granting Daniel M. Feinberg's #465 Motion to Appear Pro Hac Vice; and granting Julia Campins' #466 Motion to Appear Pro Hac Vice. (SH)
June 30, 2010 DOCKET CORRECTION re: #495 Affidavit. Clerk's office added thorough descriptions to attachments; "Exhibit 1" is not "a description of sufficient detail to make the attachment readily identifiable to the court" pursuant to the Court's Administrative Policy, paragrah XII(A). (lh)
June 28, 2010 Filing 495 AFFIDAVIT Declaration of Jeffrey Lewis in Support of Class Member Roy Blassingame's Motion to Substitute Class Representative by Roy Blassingame. (Attachments: #1 Exhibit 1 - printout from website for Skadden, et al. law firm, #2 Exhibit 2 - printout from website for Moore & Van Allen law firm)(Brandborg, Ross) Modified on 6/30/2010 to add descriptions to attachments (lh).
June 28, 2010 Filing 494 AFFIDAVIT Supplemental Declaration by Roy Blassingame. (Brandborg, Ross)
June 28, 2010 Filing 493 REPLY to Response to Motion re #459 MOTION to substitute class representation filed by Roy Blassingame. (Brandborg, Ross)
June 28, 2010 Filing 492 REPLY to Response to Motion re #459 MOTION to substitute class representation filed by Roy Blassingame. (Brandborg, Ross)
June 28, 2010 Opinion or Order Filing 490 ORDER by Chief Judge Ralph R. Erickson Amending Protective Order based on the parties' #489 Stipulation.(SH)
June 28, 2010 DOCKET CORRECTION re #483 Response to Motion -(jo) Document refiled #491 Modified on 7/7/2010 (jo).
June 25, 2010 Filing 489 STIPULATION re #68 Order SECOND STIPULATED AMENDEMENT TO STIPULATED PROTECTIVE ORDER by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) Modified on 7/9/2010 to correct text re: link. (rm)
June 24, 2010 Opinion or Order Filing 488 ORDER on Discovery Dispute outlined in Documents 486 and #487 by Chief Judge Ralph R. Erickson. (SH)
June 24, 2010 Filing 487 Letter Brief from Defendant Gary Tharaldson Re: Discovery Dispute (Attachments: #1 Exhibit Letter from Bruce Rinaldi to John Moorhead dated May 19, 2010, #2 Exhibit Letter from John Moorhead to Bruce Rinaldi dated May 21, 2010) (SH) Modified on 6/24/2010 to restrict access to case participants only (lf).
June 23, 2010 Filing 485 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Telephone Conference Re: Discovery Disputes held on 6/23/2010 (Court Reporter kk) (sg)
June 23, 2010 Filing 484 CERTIFICATE OF SERVICE by Tharaldson Motels, Inc. ESOP re #491 Exhibit, [Supplemental] Declaration of Sid Lien [Exhibit E] Filed in Support of Joinder in North Star's Response to Class Member Blassingame's Motion to Substitute Class Representative (Waxman, Eric) Modified on 7/6/2010 to correct link. (rm)
June 22, 2010 Filing 491 EXHIBIT E-Supplemental Declaration of Sid Lien to docket #479 Response to Motion by Tharaldson Motels, Inc. ESOP.. (jo)
June 22, 2010 Filing 483 *WRONG EVENT SELECTED* RESPONSE to Motion re #459 MOTION to substitute class representation [Supplemental] Declaration of Sid Lien [Exhibit E] Filed in Support of Joinder in North Star's Response to Class Member Blassingame's Motion to Substitute Class Representative filed by Tharaldson Motels, Inc. ESOP. (Waxman, Eric) Modified on 6/30/2010 to restrict access; clerk's office refiled as an Exhibit at #491 and linked to Response at #479 (lh). Modified on 7/7/2010 (jo). Modified on 7/21/2010 to remove link. (rm).
June 21, 2010 Filing 482 RESPONSE to Motion re #459 MOTION to substitute class representation filed by Connie Tharaldson, Gary D. Tharaldson. (Rachal, Robert)
June 18, 2010 Opinion or Order Filing 481 ORDER by Chief Judge Ralph R. Erickson Amending Protective Order based on the parties' #480 Stipulation. (SH)
June 17, 2010 Filing 480 STIPULATION re #383 Order on Motion to Intervene, Order on Motion to Amend/Correct, #68 Docket Annotation STIPULATED AMENDMENT TO STIPULATED PROTECTIVE ORDER by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
June 17, 2010 Filing 479 RESPONSE to Motion re #459 MOTION to substitute class representation [Corrected] Joinder in North Star's Response to Class Member Blassingame's Motion to Substitute Class Representative filed by Tharaldson Motels, Inc. ESOP. (Attachments: #1 Exhibit A - Declaration of Tim J. Gefroh, #2 Exhibit B - Declaration of David Wheeler, #3 Exhibit C - Declaration of Carlos Gonzales, #4 Exhibit D - Declaration of Chris Schmitz)(Waxman, Eric)
June 17, 2010 Filing 475 NOTICE of Hearing: Telephone Conference re: discovery disputes set for Wednesday, 6/23/2010 at 3:00 PM in Chambers before Chief Judge Ralph R. Erickson. Court will initiate call.(sg)
June 17, 2010 DOCKET CORRECTION re: #473 (Notice (Other). Wrong event was selected and the pleading contained 2 separate events. Clerk's Office refiled the pleading as a Reply to Response to Motion at #476 and as a Response to Motion at 477 . If future pleadings contain 2 events, parties are directed to file the same pleading using the 2 separate event codes. (lf)
June 17, 2010 DOCKET CORRECTION re: #474 (Reply to Response to Motion). The wrong event was selected. The Clerk's Office refiled the pleading as a Response to Motion at document #478 . (lf)
June 16, 2010 Filing 478 RESPONSE to Motion re #459 MOTION to substitute class representation filed by Tharaldson Motels, Inc. ESOP. (Attachments: #1 Exhibit A - Declaration of Gefroh, #2 Exhibit B - Declaration of Wheeler, #3 Exhibit C - Declaration of Gonzalez, #4 Exhibit D - Declaration of Schmitz)(lf)
June 16, 2010 Filing 477 RESPONSE to Motion re #459 MOTION to substitute class representation filed by North Star Trust Co. (contained within pleading at #476 ) (lf)
June 16, 2010 Filing 476 REPLY to Response to Motion re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered filed by North Star Trust Co. (lf)
June 15, 2010 Filing 472 NOTICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster (Notice that No Party Has Opposed Plaintiffs' and Former Class Representatives' Motion to Modify the Order Certifying the Class) (Attachments: #1 Exhibit A - Declaration of Tammy Blake, #2 Exhibit B - Declaration of Bernie McKay)(Barton, R. Joseph)
June 15, 2010 Filing 471 NOTICE by North Star Trust Co. re #455 Notice (Other) Former Employee Class & Current Employee Class Response to Defendants' Submission of Class Certification Notice (Gwaltney, Alton)
June 15, 2010 Filing 470 NOTICE by Connie Tharaldson, Gary D. Tharaldson re #456 Notice (Other), Notice (Other) OF RESPONSE TO SUBMISSION OF CLASS NOTICE BY THE FORMER EMPLOYEE CLASS AND CURRENT EMPLOYEE CLASS (Enockson, Paul)
June 15, 2010 Opinion or Order Filing 469 ORDER Adopting #468 Stipulation on Briefing Schedule for Motion to Substitute Class Representative and to Reply to Motion for Clarification and Modification of Class Certification Order by Chief Judge Ralph R. Erickson.(SH)
June 11, 2010 Filing 468 STIPULATION REGARDING BRIEFING SCHEDULE FOR MOTION TO SUBSTITUTE CLASS REPRESENTATIVE, AND REPLY TO MOTION FOR CLARIFICATION AND MODIFICATION OF ORDER ON MOTION FOR CLASS CERTIFICATION by Roy Blassingame, Raymond Braun, Darwin Braunagel, Annette Croves, Aimee Fyke, Raymond Hans, Gayle Herbert, Jeremy Jackey, Mark Knutson, Chuck LeBlanc, James Lochow, Anne McElroy, North Star Trust Co., Larry Richman, Tom Schneider, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson, Tharaldson Motels, Inc. ESOP, Donna Walker, Michael Webster. (Enockson, Paul)
June 10, 2010 Opinion or Order Filing 467 ORDER by Chief Judge Ralph R. Erickson adopting #458 Stipulation on Discovery Related to Equitable Relief. (SH)
June 7, 2010 Filing 466 MOTION for Leave to Appear Pro Hac Vice Attorney: Julia Campins by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc)
June 7, 2010 Filing 465 MOTION for Leave to Appear Pro Hac Vice Attorney: Daniel M. Feinberg by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc)
June 7, 2010 Filing 464 MOTION for Leave to Appear Pro Hac Vice Attorney: Jeffrey G. Lewis by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc)
June 4, 2010 Filing 463 RESPONSE to Motion re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered Response by the Former Employee Class to North Star's Motion for Clarification and Modification of the Order on Class Certification filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
June 4, 2010 Filing 462 AFFIDAVIT Julia Campins re #460 MEMORANDUM in Support by Roy Blassingame. (Brandborg, Ross)
June 4, 2010 Filing 461 AFFIDAVIT Daniel Feinberg re #460 MEMORANDUM in Support by Roy Blassingame. (Brandborg, Ross)
June 4, 2010 Filing 460 MEMORANDUM in Support re #459 MOTION to substitute class representation filed by Roy Blassingame. (Brandborg, Ross) Modified on 6/4/2010 to correct docket text typo. (lc)
June 4, 2010 Filing 459 MOTION to substitute class representation by Roy Blassingame. (Brandborg, Ross) Modified on 6/4/2010 to correct docket text typo. (lc)
June 3, 2010 Filing 458 STIPULATION on Discovery Related to Equitable Relief by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Barton, R. Joseph)
June 2, 2010 Filing 457 MOTION re #445 Order on Motion for Leave to File,,,,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Certify Class,,, Order on Motion to Appoint Counsel,, Current Employee Class Representative's Motion to Modify and Clarify The Class Definition of the "Current Employee Class" by North Star Trust Co.. (Gwaltney, Alton)
June 1, 2010 Filing 456 NOTICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster Submission of Class Notice Plan by the Former Employee Class and Current Employee Class (Attachments: #1 Exhibit Ex A - Class Notice, #2 Exhibit Ex B - Summary Class Notice)(Barton, R. Joseph)
June 1, 2010 Filing 455 NOTICE by Connie Tharaldson, Gary D. Tharaldson of Submission of Class Action Certification Notice to Plan Participants (Attachments: #1 Exhibit A - Class Notice)(Enockson, Paul)
May 28, 2010 Filing 454 RESPONSE to Motion re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered filed by Connie Tharaldson, Gary D. Tharaldson. (Rachal, Robert)
May 28, 2010 Opinion or Order Filing 453 ORDER Adopting #451 Stipulation on Expert-Related Discovery by Chief Judge Ralph R. Erickson. (SH)
May 28, 2010 Opinion or Order Filing 452 REVISED SCHEDULING ORDER by Chief Judge Ralph R. Erickson. The Court adopts the parties' Consent Motion to Revise the Scheduling Order #450 . Expert disclosures due 06/25/2010; rebuttal expert disclosures due 07/16/2010; expert discovery and depositions due by 08/13/2010; dispositive motions due 09/03/2010; responses to dispositive motions due 10/01/2010; and replies to dispositive motions due 10/15/2010. (SH)
May 27, 2010 Filing 451 STIPULATION On Expert-Related Discovery by Plaintiffs (Barton, R. Joseph) Modified on 5/27/2010 to correct filers of Stipulation (lf).
May 25, 2010 Filing 450 STIPULATION Consent Motion for Revised Scheduling Order by North Star Trust Co.. (Gwaltney, Alton)
May 25, 2010 Filing 449 CERTIFICATE OF SERVICE by North Star Trust Co. re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered, #447 MEMORANDUM in Support, (Gwaltney, Alton)
May 21, 2010 Filing 448 MOTION re #445 Order on Motion for Leave to File,,,,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Certify Class,,, Order on Motion to Appoint Counsel,, (Plaintiffs and Former Employee Class Representatives' Motion to Modify the Order Certifying the Class) by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Barton, R. Joseph)
May 21, 2010 Filing 447 MEMORANDUM in Support re #446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class CertificationMOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered filed by North Star Trust Co.. (Gwaltney, Alton)
May 21, 2010 Filing 446 MOTION to Amend/Correct for Clarification and Modification of Order on Motion for Class Certification, MOTION for Order to Show Cause that the The U.S. Department of Labor Show Cause Why Requested Relief May Not Be Entered by North Star Trust Co.. (Gwaltney, Alton)
May 7, 2010 Opinion or Order Filing 445 MEMORANDUM OPINION AND ORDER by Chief Judge Ralph R. Erickson denying #415 Motion for Leave to File Supplemental Brief; denying #419 Motion for Leave to File Supplemental Brief; denying 422 Motion for Leave to File Excess Pages; granting in part and denying in part #176 Motion to Certify Class; granting #274 Motion to Appoint Class Counsel; vacating the previous Order #433 finding North Star's Motion to Intervene moot; granting North Star's Motion to Intervene #264 ; and appointing North Star class representative of the Current Employee Class. (SH)
May 6, 2010 Filing 444 STIPULATION Regarding the Taking of Certain Depositions Beyond the Close of Fact Discovery by Raymond Braun, Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, James Lochow, Larry Richman, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson, Donna Walker, Michael Webster. (Barton, R. Joseph)
April 13, 2010 Opinion or Order Filing 443 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #441 Motion for Leave to Appear pro hac vice to attorney Michael D. Spencer. (NJM)
April 9, 2010 Filing 442 AFFIDAVIT OF MICHAEL D. SPENCER re #441 MOTION for Leave to Appear Pro Hac Vice Attorney: Michael D. Spencer filed by Gary D. Tharaldson. (lc)
April 9, 2010 Filing 441 MOTION for Leave to Appear Pro Hac Vice Attorney: Michael D. Spencer filed by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(lc)
March 17, 2010 Filing 440 NOTICE of Trial: Pretrial Conference set for 1/11/2011 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. Jury Trial set for 1/11/2011 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (SH)
March 17, 2010 Opinion or Order Filing 439 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson adopting #436 stipulated deadlines contained in the Joint Motion for Revised Scheduling Order. The parties shall comply with the discovery deadlines and pretrial dates set forth in the revised proposed scheduling order on pages 3-4 of their stipulation. (SH)
March 17, 2010 Opinion or Order Filing 438 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #435 Motion to Substitute Attorney. Added attorney Michael S. Raum for defendants Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Linda Tharaldson, Roger Tharaldson, Gary D. Tharaldson, and Connie Tharaldson. Attorney Sidney J. Spaeth terminated as attorney for the above-listed defendants. (SH)
March 17, 2010 Set/Reset Deadlines per text only Order at #439: Discovery due by 5/8/2010. Expert Witness List due by 6/1/2010. Motions due by 8/27/2010. (lh)
March 16, 2010 Filing 437 CERTIFICATE OF SERVICE by Gary D. Tharaldson, Linda Tharaldson re #436 Stipulation Joint Motion for Revised Scheduling Order (Raum, Michael)
March 16, 2010 Filing 436 STIPULATION Joint Motion for Revised Scheduling Order by Gary D. Tharaldson, Linda Tharaldson. (Raum, Michael)
March 15, 2010 Filing 435 MOTION to Substitute Attorney by Connie Tharaldson, Gary D. Tharaldson. (Raum, Michael)
March 11, 2010 Filing 434 REPLY to Response to Motion re #415 MOTION for Leave to File Supplemental Brief in Opposition to Class Certification and Motion for Leave to Exceed Page Limit on Motion for Leave filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit 2008 SAR)(Rachal, Robert)
March 10, 2010 Opinion or Order Filing 433 ORDER by Chief Judge Ralph R. Erickson deferring ruling on #413 Motion to Amend Scheduling Order for a period of 7 days; granting #417 Motion to Amend Answers to Request for Admissions; granting in part and denying in part #420 Motion to Lift Stay (stay lifted as to all issues in the case); denying 432 Motion for Hearing on the Motion to Amend Answers to Request for Admissions; denying #162 Motion to Bifurcate and to Stay Discovery; denying #164 Motion to Bifurcate and to Stay Discovery; granting #167 Motion to Compel Production of Documents; and finding as moot #264 Motion to Intervene by North Star Trust Co. (SH) Modified on 5/10/2010 - NOTE: see Order at #445 granting #264 Motion to Intervene (lh).
March 9, 2010 DOCKET CORRECTION re: #429 Response to Motion. Pleading also contained "Request for Telephonic Conference" - clerk's office filed as a Motion for Hearing at #432. (lh)
March 8, 2010 Filing 432 MOTION for Hearing (Request for Telephonic Conference pursuant to Local Rule 37.1(B)) re #417 MOTION to Amend/Correct Answers to Request for Admissions by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. See document at #429 . (lh)
March 8, 2010 Filing 431 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #429 Response to Motion, #430 Affidavit,,, (Rinaldi, Bruce)
March 8, 2010 Filing 430 AFFIDAVIT Declaration of Bruce F. Rinaldi in Support of Plaintiffs' Response to Defendant Gary Tharaldson's Motion to Amend Answers to Request for Admissions re #429 Response to Motion, by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Admissions to all Defendants, #2 Exhibit B - Connie Tharaldson's Response to First Request for Admissions, #3 Exhibit C - Non-fiduciary Selling Shareholder's Response to First Request for Admissions, #4 Exhibit D - Email from Enockson to Rinaldi re: Revised Answers to Admissions, #5 Exhibit E - Email from Rinaldi to Moorhead, Enockson, and Rachal re: Stipulated Facts and Revised Answers to Admissions)(Rinaldi, Bruce)
March 8, 2010 Filing 429 RESPONSE to Motion re #417 MOTION to Amend/Correct Answers to Request for Admissions Plaintiffs' Response to Gary Tharaldson's Motion to Amend Answers to Request for Admissions and Request for Telephonic Conference Pursuant to Local Rule 37.1(B) filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
March 5, 2010 Filing 428 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #427 Reply to Response to Motion to Compel Production of Documents from Gary D. Tharaldson (Rinaldi, Bruce)
March 5, 2010 Filing 427 REPLY to Response to Motion re #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
March 5, 2010 Filing 426 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #425 Response to Motion,, Plaintiffs' Memorandum in Opposition to Defendants' Motion for Leave to File a Second Supplemental Brief in Opposition to Class Certification (Rinaldi, Bruce)
March 5, 2010 Filing 425 RESPONSE to Motion re #415 MOTION for Leave to File Supplemental Brief in Opposition to Class Certification and Motion for Leave to Exceed Page Limit on Motion for Leave , Plaintiffs' Memorandum in Opposition to Defendants' Motion for Leave to File a Second Supplemental Brief in Opposition to Class Certification filed by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Finklestein Article re U.S. Hotel Industry, #2 Exhibit B - A.P. Article re Hotel Forecast, #3 Exhibit C - Letter from Larson to ESOP Participants, #4 Exhibit D - Bjorke Article re Tharaldson Lawsuits)(Rinaldi, Bruce)
March 4, 2010 Filing 424 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #423 Stipulation Motion for Extension of Time (Rinaldi, Bruce)
March 4, 2010 Filing 423 STIPULATION Motion for Extension of Time by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Attachments: #1 Proposed Order)(Rinaldi, Bruce)
February 22, 2010 DOCKET CORRECTION re: #415 Motion for Leave to File Supplemental Brief. Multiple relief document filed as one relief. Clerk's office filed Motion for Leave to File Excess Pages at #422. Clerk's office corrected docket text on Motion for Leave to Exceed Page Limit on Memorandum in Support (not Motion for Leave). CORRECTION re: #417 Motion to Amend/Correct and #418 Response to Motion. The attachments to these documents were not thoroughly described as required in the Administrative Policy section XII(A). Clerk's office has added descriptions to the attachments. Also, please note that pursuant to the Administrative Policy section XII(B), "Filers must not attach as an exhibit any pleading or other paper already on file with the court in that case, but must instead refer to the docket number assigned to the document in ECF." (lh)
February 19, 2010 Filing 422 MOTION for Leave to File Excess Pages re #416 Memorandum in Support of #415 Motion for Leave to File Supplemental Brief in Opposition to Class Certification by Connie Tharaldson, Gary D. Tharaldson. Document filed at #415 . (lh)
February 19, 2010 Filing 421 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #420 MOTION To Lift Stay in this Action , Joint Motion (Rinaldi, Bruce)
February 19, 2010 Filing 420 MOTION To Lift Stay in this Action , Joint Motion by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
February 19, 2010 Filing 419 MOTION for Leave to File Joinder in Defendants' Motion for Leave to File Supplemental Brief in Opposition to Class Certification and Joinder in Defendants Gary and Connie Tharaldson's Memorandum in Support of Motion for Leave to File Supplemental Brief in Oppostion to Class Certification by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Linda Tharaldson, Roger Tharaldson. (Spaeth, Sidney)
February 19, 2010 Filing 418 (REVISED) RESPONSE to Motion re #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson Revised Opposition filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A (letter to B. Rinaldi), #2 Exhibit B (discovery responses), #3 Exhibit C (document request responses), #4 Exhibit D (letter to B. Rinaldi 09-22-06), #5 Exhibit E (responses to second document requests))(Enockson, Paul) Modified on 2/22/2010 to add descriptions to attachments (lh).
February 19, 2010 Filing 417 MOTION to Amend/Correct Answers to Request for Admissions by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Letter from Rinaldi to Rachal and Enockson dated 1/28/10)(Enockson, Paul) Modified on 2/22/2010 to add description to attachment (lh).
February 19, 2010 Filing 416 MEMORANDUM in Support re #415 MOTION for Leave to File Supplemental Brief in Opposition to Class Certification and Motion for Leave to Exceed Page Limit on Motion for Leave filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
February 19, 2010 Filing 415 MOTION for Leave to File Supplemental Brief in Opposition to Class Certification and Motion for Leave to Exceed Page Limit on Memorandum in Support by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) Modified on 2/22/2010 to correct text of Motion for Leave to Exceed Page Limit on Memorandum in Support (not on Motion for Leave)(lh).
February 1, 2010 Filing 414 CERTIFICATE OF SERVICE by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster re #413 MOTION to Amend/Correct 186 Scheduling Order,,, Joint Motion to Amend Scheduling Order (Rinaldi, Bruce)
February 1, 2010 Filing 413 MOTION to Amend/Correct 186 Scheduling Order,,, Joint Motion to Amend Scheduling Order by Raymond Hans, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, Michael Webster. (Rinaldi, Bruce)
January 26, 2010 Opinion or Order Filing 412 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein finding as moot #411 Motion to Withdraw as Attorney. Attorney Wayne Carlson previously termed pursuant to substitution. (NJM)
January 22, 2010 Filing 411 MOTION to Withdraw as Attorney by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Gary D. Tharaldson, Linda Tharaldson, Roger Tharaldson. (Spaeth, Sidney)
January 15, 2010 Filing 410 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 1/15/2010. (jo)
January 15, 2010 Filing 409 NOTICE by North Star Trust Co. - Withdrawal Without Prejudice of Motion to Intervene (Gwaltney, Alton)
December 17, 2009 Opinion or Order Filing 408 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #406 Motion for Leave to Appear Pro Hac Vice as to Howard Shapiro; granting #407 Motion for Leave to Appear Pro Hac Vice as to Robert W. Rachal. (AS)
December 15, 2009 Filing 407 MOTION for Leave to Appear Pro Hac Vice Attorney: Robert W. Rachal by Gary D. Tharaldson. (Filing fee $150; Receipt #FA001685) (lc)
December 15, 2009 Filing 406 MOTION for Leave to Appear Pro Hac Vice Attorney: Howard Shapiro by Gary D. Tharaldson. (Filing fee $150; Receipt #FA001685) (lc)
December 15, 2009 Filing 405 NOTICE of Hearing: Status Conference set for 1/15/2010 at 02:30 PM Central Time by telephone before Magistrate Judge Karen K. Klein. Chambers number 701-297-7070(jo)
December 15, 2009 Filing 404 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 12/15/2009. (jo)
November 17, 2009 Filing 403 NOTICE of Hearing: Status Conference set for 12/15/2009 at 10:30 AM Central Time by telephone before Magistrate Judge Karen K. Klein. Plaintiff to initiate the call;(jo)
November 17, 2009 Filing 402 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 11/17/2009. (jo)
November 3, 2009 Filing 401 NOTICE of Hearing: Status Conference re-set for 11/17/2009 at 10:30 AM by telephone before Magistrate Judge Karen K. Klein, plaintiff to initiate the call. Previously set for 11/6/09 at 2:30 p.m. (NJM)
October 15, 2009 Filing 400 NOTICE of Hearing: Status Conference re-set for 11/6/2009 at 02:30 PM by telephone before Magistrate Judge Karen K. Klein, plaintiff to initiate the call. Previously scheduled for 10/28/09 at 10:00 a.m.(NJM)
July 16, 2009 Filing 399 NOTICE by Gayle Herbert, Jeremy Jackey, James Lochow, Donna Walker, Michael Webster, Raymond Hans, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, Tharaldson Motels, Inc. ESOP, Raymond Braun, South Dakota Trust Company, LLC, Chuck LeBlanc, Larry Richman, North Star Trust Co., Gary D. Tharaldson Joint Notice of Selection of Mediator and Mediation Dates (Gwaltney, Alton)
June 22, 2009 Opinion or Order Filing 398 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #395 Motion for Leave to Appear pro hac vice to attorney Benjamin P. Fryer. (NJM)
June 22, 2009 Opinion or Order Filing 397 ORDER (TEXT ONLY) granting #396 Joint Motion to Stay by Judge Ralph R. Erickson. All proceedings are stayed to allow the parties and TMI an opportunity to conduct a private, four-party mediation. The parties are directed to inform the Court of the mediation dates. If the parties are unable to agree on a mediator within 30 days, one of the parties shall inform Magistrate Judge Klein. (SH)
June 22, 2009 Hearings terminated per text only Order at #397. Terminated Motion Hearing previously set for 6/23/09, Final Pretrial Conference previously set for 12/14/09, and Trial previously set for 1/11/10. (lh)
June 21, 2009 Filing 396 JOINT CONSENT MOTION to Stay filed by North Star Trust Co.. (Gwaltney, Alton) Modified on 6/22/2009 to add "Joint Consent" text to docket entry per request of North Star Trust Co. (lc)
June 18, 2009 Filing 395 MOTION for Leave to Appear Pro Hac Vice Attorney: Benjamin Fryer by Tharaldson Motels, Inc. ESOP, North Star Trust Co. (lf)
May 22, 2009 DOCKET CORRECTION re: #392 (Objection). Wrong event was selected. Pleading was re-filed at document #394 by the Clerk's Office using the event "Supplement" located under Other Filings - Other Documents. (lf)
May 21, 2009 Filing 394 SUPPLEMENT to document: #351 Response to Motion (Plaintiffs' Objections to the Stipulated Settlement) filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit J - Declaration of David Berins (05-20-2009), #2 Exhibit K - Declaration of Jeffrey Krenzel (05-08-2009))(lf)
May 21, 2009 Filing 393 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #394 Objection, (Rinaldi, Bruce) Modified on 5/22/2009 to create a new document link (lf).
May 21, 2009 Filing 392 *RESTRICTED - WRONG EVENT SELECTED* OBJECTION re #351 Response to Motion,,,,, Submission of Supplemental Exhibits in Support of Plaintiffs' Objections to the Stipulated Settlement filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit J - Declaration of David Berins (05-20-2009), #2 Exhibit K - Declaration of Jeffrey Krenzel (05-08-2009))(Rinaldi, Bruce) Modified on 5/22/2009 to restrict access. Document re-filed as Supplement at #394 (lf).
May 14, 2009 Filing 391 NOTICE of Hearing on Motion #264 MOTION to Intervene : Motion Hearing REset to Tuesday, 6/23/2009, Wednesday, 6/24/09 and Thursday, 6/25/09 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (previously set for 5/14/09 and 5/15/09)(sg) Modified on 5/15/2009 to correct date of hearing (lf).
May 14, 2009 Opinion or Order Filing 390 ORDER (TEXT ONLY) by Judge Ralph R. Erickson granting #389 Motion to Continue Hearing set for May 14, 2009 (sg)
May 10, 2009 Filing 389 MOTION to Continue Hearing and for Emergency Telephonic Scheduling Conference by North Star Trust Co.. (Gwaltney, Alton)
May 8, 2009 DOCKET CORRECTION re: Document #387 (Sealed Motion). Wrong event selected. Pleading should have been filed using the event Sealed Document, rather than Sealed Motion. Clerk's Office has re-filed the pleading at 388 . (lf)
May 7, 2009 Opinion or Order Filing 386 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #385 Motion for Leave to File Under Seal. (NJM)
May 6, 2009 Filing 385 MOTION for Leave to File Under Seal Exhibits to Defendants' Pre-Hearing Memorandum in Support of Intervention and Preliminary Settlement Approval by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Exhibit 1 - Paul Wurst's designated deposition testimony, #2 Proposed Exhibit 2 - John Povolny's designated deposition testimony, #3 Proposed Exhibit 3 - Tim Cleary's designated deposition testimony, #4 Proposed Exhibit 4 - David Petrocchi's designated deposition testimony)(Enockson, Paul) Modified on 5/11/2009 to add exhibit descriptions. (lc)
May 5, 2009 Filing 384 PRETRIAL MEMORANDUM by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit 5-Declaration of Robert Reilly)(Enockson, Paul)
April 17, 2009 Opinion or Order Filing 383 ORDER by Judge Ralph R. Erickson granting #355 Motion to Amend/Correct #68 Stipulation and Protective Order (KMS)
April 16, 2009 Filing 382 CERTIFICATE OF SERVICE by North Star Trust Co. re Appendix to Memorandum in Support of Proposed Stipulated Settlement and Supporting Declarations - Sealed Documents (App. 1 - App. 23) (Gwaltney, Alton)
April 15, 2009 Opinion or Order Filing 380 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #368 Motion for Leave to File Under Seal. (NJM)
April 14, 2009 Filing 379 SEALED DOCUMENT Declaration of Alton L. Gwaltney, III (unredacted version) by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 378 SEALED DOCUMENT Declaration of Richard Larson (unredacted version) by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 377 SEALED DOCUMENT Declaration of Kreg J. Jackson (unredacted version) by North Star Trust Co.. (Attachments: #1 Exhibit A - ESOP Loan Recap by Loan Group, #2 Exhibit B - Historical Spread of Prime Rate v. Fed Funds Rate, #3 Exhibit C - Analysis of Remaining Loans, #4 Exhibit D - Projected Cash Flows of JV (Filed under Seal), #5 Exhibit E - TMI Cash Flows Associated with the JV, #6 Exhibit F - Debt Schedule for JV, #7 Exhibit G - Calculation of Interest Income in Alternative Investment Opportunity)(Gwaltney, Alton)
April 14, 2009 Filing 376 SEALED DOCUMENT Declaration of John G. Hommel (unredacted version) by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 375 SEALED DOCUMENT Memorandum in Support of Proposed Stipulated Settlement (unredacted version) re #264 MOTION to Intervene by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 374 NOTICE by North Star Trust Co. re #369 MEMORANDUM in Support - Appendix to Memorandum in Support of Proposed Stipulated Settlement and Supporting Declarations (Attachments: #1 App. 1 - Letter dated 08-23-06 - Filed Under Seal, #2 App. 2 - Letter dated 03-09-07 - Filed Under Seal, #3 App. 3 - Letter dated 04-02-07 - Filed Under Seal, #4 App. 4 - Letter dated 04-26-07 - Filed Under Seal, #5 App. 5 - Letter dated 05-04-07 - Filed Under Seal, #6 App. 6 - Email dated 05-21-07 - Filed Under Seal, #7 App. 7 - Email dated 05-21-07 - Filed Under Seal, #8 App. 8 - Letter dated 06-22-07 - Filed Under Seal, #9 App. 9 - Letter dated 09-13-07 - Filed Under Seal, #10 App. 10 - Letter dated 10-11-07 - Filed Under Seal, #11 App. 11 - Letter dated 12-19-07 - Filed Under Seal, #12 App. 12 - Letter dated 02-05-08 - Filed Under Seal, #13 App. 13 - Letter dated 03-03-08 - Filed Under Seal, #14 App. 14 - Letter dated 03-03-08 - Filed Under Seal, #15 App. 15 - Email dated 03-21-08 - Filed Under Seal, #16 App. 16 - Email dated 08-03-08 - Filed Under Seal, #17 App. 17 - Email dated 08-05-08/Letter dated 08-05-08 - Filed Under Seal, #18 App. 18 - Furlong Depo Excerpts - Filed Under Seal, #19 App. 19 - L. Tharaldson Depo Excerpts - Filed Under Seal, #20 App. 20 - TMI ESOP Plan pages - Filed Under Seal, #21 App. 21 - Engagement Agmt. dated 08-15-06 - Filed Under Seal, #22 App. 22 - Engagement Agreement dated 04-26-07 - Filed Under Seal, #23 App. 23 - Draft Term Sheet - Filed Under Seal, #24 App. 24 - Rev. Rul. 2002-45, #25 App. 25 - Private Letter Ruling 200640003, #26 App. 26 - US DOL Field Assistance Bulletin No. 2006-01, #27 App. 27 - Letter dated 02-11-09, #28 App. 28 - Emails dated 02-25-09)(Gwaltney, Alton)
April 14, 2009 Filing 373 AFFIDAVIT /Declaration of Alton L. Gwaltney, III (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 372 AFFIDAVIT /Declaration of Richard Larson (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 371 AFFIDAVIT /Declaration of Kreg J. Jackson (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Attachments: #1 Exhibit A - ESOP Loan Recap by Loan Group, #2 Exhibit B - Historical Spread of Prime Rate v. Fed Funds Rate, #3 Exhibit C - Analysis of Remaining Loans, #4 Exhibit D - Projected Cash Flows of JV (Filed under Seal), #5 Exhibit E - TMI Cash Flows Associated with the JV, #6 Exhibit F - Debt Schedule for JV, #7 Exhibit G - Calculation of Interest Income in Alternative Investment Opportunity)(Gwaltney, Alton)
April 14, 2009 Filing 370 AFFIDAVIT /Declaration of John G. Hommel (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 369 MEMORANDUM in Support re #264 MOTION to Intervene and Proposed Stipulated Settlement (Redacted version) filed by North Star Trust Co.. (Gwaltney, Alton)
April 14, 2009 Filing 368 MOTION for Leave to File Under Seal Documents and Pleadings by North Star Trust Co.. (Attachments: #1 Proposed Sealed Document - App. 1, #2 Proposed Sealed Document - App. 2, #3 Proposed Sealed Document - App. 3, #4 Proposed Sealed Document - App. 4, #5 Proposed Sealed Document - App. 5, #6 Proposed Sealed Document - App. 6, #7 Proposed Sealed Document - App. 7, #8 Proposed Sealed Document - App. 8, #9 Proposed Sealed Document - App. 9, #10 Proposed Sealed Document - App. 10, #11 Proposed Sealed Document - App. 11, #12 Proposed Sealed Document - App. 12, #13 Proposed Sealed Document - App. 13, #14 Proposed Sealed Document - App. 14, #15 Proposed Sealed Document - App. 15, #16 Proposed Sealed Document - App. 16, #17 Proposed Sealed Document - App. 17, #18 Proposed Sealed Document - App. 18, #19 Proposed Sealed Document - App. 19, #20 Proposed Sealed Document - App. 20, #21 Proposed Sealed Document - App. 21, #22 Proposed Sealed Document - App. 22, #23 Proposed Sealed Document - App. 23)(Gwaltney, Alton)
April 9, 2009 Filing 367 NOTICE of Hearing on Motion #264 MOTION to Intervene: Motion Hearing REset for Thursday, 5/14/2009 and Friday, 5/15/09 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (previously set for 4/16/09 and 4/17/09)(sg)
April 7, 2009 Opinion or Order Filing 366 ORDER (TEXT ONLY) by Judge Ralph R. Erickson directing limited service as to counsel for the U.S. Department of Labor. The Department of Labor has moved to intervene in this case for the limited purpose of modifying the stipulated protective order, and therefore counsel for the Department of Labor shall be served only with filings related to that particular motion. Counsel for the Department of Labor shall not be served with any other documents filed in this matter. (KMS)
April 6, 2009 Filing 365 RESPONSE to Motion re #355 MOTION to InterveneMOTION to Amend/Correct #68 Order filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) Modified on 4/7/2009 to correct text of docket 68 (lh).
April 6, 2009 Filing 364 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #363 Sealed Document, Second Set of Sealed Documents in Support of Plaintiffs' Objections to the Stipulated Settlement (Rinaldi, Bruce)
April 6, 2009 Filing 363 SEALED DOCUMENT Second Set of Sealed Documents in Support of Plaintiffs' Objections to the Stipulated Settlement re #351 Response to Motion,,,,, by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit D - Transcript Excerpts of Deposition of Gary D. Tharaldson, #2 Exhibit F - Transcript Excerpts of Deposition of Diane Long)(Rinaldi, Bruce) Modified on 4/7/2009 to correct text of attachments as they are no longer "proposed" sealed documents (lh).
April 6, 2009 Opinion or Order Filing 362 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #349 Motion for Leave to File Under Seal. (AS)
April 3, 2009 DOCKET CORRECTION re: 359 Notice. Wrong event selected; re-filed as Response to Motion at #161 . Re: #360 Certificate of Service. Modifed to correct link to Response to Motion. (rs)
March 31, 2009 Filing 361 RESPONSE to Motion re #355 MOTION to Intervene, MOTION to Amend/Correct; #68 Docket Annotation filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (rs)
March 31, 2009 Filing 360 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #361 Response to Motion (Rinaldi, Bruce) Modified on 4/3/2009 to correct link. (rs)
March 31, 2009 Filing 359 (WRONG EVENT SELECTED) NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re 355 MOTION to Intervene, MOTION to Amend/Correct, 68 Docket Annotation Plaintiffs' Notice of Non-Opposition to Secretary of Labor's Motion to Intervene (Rinaldi, Bruce) Modified on 4/3/2009 to restrict access. Removed links. (rs).
March 31, 2009 Opinion or Order Filing 358 ORDER (TEXT ONLY) by Chief Judge Daniel L. Hovland granting #357 Motion for Extension of Time to File Response/Reply. The Court grants an extension until April 14, 2009, for the Trustee to file its Memorandum in Support of the Stipulated Settlement. The Court also cancels the hearing on the Trustee's Motion to Intervene currently set for April 16-17, 2009. The hearing will be rescheduled at a later date. (kmk)
March 30, 2009 Filing 357 MOTION for Extension of Time to File Response/Reply North Star's Emergency Unopposed Motion for Extension of Time and North Star and the Parties' Joint Motion to Reschedule Hearing by North Star Trust Co.. (Gwaltney, Alton)
March 25, 2009 Filing 356 MEMORANDUM in Support re #355 MOTION to Intervene, MOTION to Amend/Correct #68 Order filed by Department of Labor. (Attachments: #1 Exhibit A - Declaration of Peter B. Dolan dated 3/24/09, #2 Exhibit B - Administrative Subpoena to Bruce Rinaldi and R. Joseph Barton, #3 Exhibit C - Administrative Subpoena to North Star Trust Co., #4 Exhibit D - Letter from Gwaltney to Dolan dated 1/12/09, #5 Exhibit E - Letter from Dolan to Rinaldi and Gwaltney dated 1/27/09, #6 Exhibit F - Letter from Gwaltney to Dolan dated 1/29/09)(rm)
March 25, 2009 Filing 355 MOTION to Intervene, MOTION to Amend/Correct #68 Order by Department of Labor. (rm)
March 23, 2009 Filing 354 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #353 Sealed Document,, (Rinaldi, Bruce)
March 23, 2009 Filing 353 SEALED DOCUMENT First Set of Sealed Documents in Support of Plaintiffs' Objections to the Stipulated Settlement re #351 Response to Motion, by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A - Furlong Valuation of TMI Common Stock Dec. 31, 1999, #2 Exhibit B Part 1 - Stout Risius & Ross Valuation of TMI Dec. 31, 2007, #3 Exhibit B Part 2 - Stout Risius & Ross Valuation of TMI Dec. 31, 2007, #4 Exhibit C - Deposition of Paul Wurst - Transcript Excerpts, #5 Exhibit G - Email from Gwaltney to Moorhead re: Other Claims)(Rinaldi, Bruce)
March 23, 2009 DOCKET CORRECTION re: #351 Response. Attachments #2, 3, 4, 5, and 7 are sealed exhibits that should have been filed under seal. Chambers allowed the clerk's office to restrict access to listed attachments. Counsel will refile sealed exhibits using the event "Sealed Document". (lc)
March 20, 2009 Filing 352 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #351 Response to Motion (Rinaldi, Bruce)
March 20, 2009 Filing 351 RESPONSE to Motion re #264 MOTION to Intervene Plaintiffs' Objections to the Stipulated Settlement filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Declaration of Dana Messina, #2 *RESTRICTED ACCESS* Proposed Sealed Document Exhibit A - Furlong Valuation of TMI Common Stock Dec. 31, 1999, #3 *RESTRICTED ACCESS* Proposed Sealed Document Exhibit B - Stout Risius & Ross Valuation of TMI Dec. 31, 2007, #4 *RESTRICTED ACCESS* Proposed Sealed Document Stout Risius & Ross Valuation of TMI Dec. 31, 2007 Part 2, #5 *RESTRICTED ACCESS* Proposed Sealed Document Exhibit C - Deposition of Paul Wurst - Transcript Excerpts, #6 Exhibit E - Gary Tharaldson's Responses to Admissions, #7 *RESTRICTED ACCESS* Proposed Sealed Document Exhibit G - Email from Gwaltney to Moorhead re: Other Claims, #8 Exhibit H - Email Chain Rinaldi & Gwaltney re: Other Claims, #9 Exhibit I - Letter from Gwaltney to Rinaldi re: Proposed Settlement & Fees)(Rinaldi, Bruce) Modified on 3/23/2009: Restricted access to sealed attachments 2, 3, 4, 5, and 7. Counsel will refile sealed exhibits using event "Sealed Document". (lc) Modified on 3/25/2009 to correct attachment descriptions. (rm)
March 20, 2009 Filing 350 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #349 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Objections to the Stipulated Settlement - Second Unopposed Motion (Rinaldi, Bruce)
March 20, 2009 Filing 349 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Objections to the Stipulated Settlement - Second Unopposed Motion by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Proposed Sealed Document Deposition of Gary Tharaldson Transcript Excerpts, #2 Proposed Sealed Document Deposition of Diane Long Transcript Excerpts)(Rinaldi, Bruce)
March 20, 2009 Opinion or Order Filing 348 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #346 Motion for Leave to File Under Seal. (AS)
March 19, 2009 Filing 347 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #346 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Objections to the Stipulated Settlement (Rinaldi, Bruce)
March 19, 2009 Filing 346 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Objections to the Stipulated Settlement by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Proposed Sealed Document Email from Gwaltney to Moorhead re Other Claims, #2 Proposed Sealed Document Excerpts from the Deposition of Paul Wurst, #3 Proposed Sealed Document Furlong Valuation of TMI Dec. 31, 2007, #4 Proposed Sealed Document Part 1 Stout Risius and Ross Valuation Dec. 31, 2007, #5 Proposed Sealed Document Part 2 Stout Risius and Ross Valuation Dec. 31, 2007)(Rinaldi, Bruce)
March 6, 2009 Filing 345 Minute Entry for proceedings held before Judge Ralph R. Erickson: Status Conference held on 3/6/2009. (Court Reporter BC) (sg)
March 6, 2009 Filing 344 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Early Settlement Conference held on 3/6/2009. Case did not settle; (jo)
March 6, 2009 Opinion or Order Filing 343 ORDER by Judge Ralph R. Erickson denying #338 Renewed Motion to Amend Stipulation and Protective Order (SH)
March 5, 2009 Filing 342 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Early Settlement Conference held on 3/5/2009. (lh)
March 4, 2009 Opinion or Order Filing 341 ORDER by Judge Ralph R. Erickson granting #192 Motion for Reconsideration re #159 Order on Motion to Dismiss; and denying as moot #182 Motion for Entry of Judgment under Rule 54(b) (KMS)
March 3, 2009 Filing 340 MEMORANDUM in Support re #338 MOTION to Amend/Correct #293 MEMORANDUM in Support, #303 Order on Motion to Amend/Correct Renewed Motion to Amend Stipulation and Protective OrderMOTION to Amend/Correct #293 MEMORANDUM in Support, #303 Order on Motion to Amend/Correct Renewed Motion to Amend Stipulation and Protective Order, #292 MOTION to Amend/Correct #68 Docket Annotation Stipulation and Protective OrderMOTION to Amend/Correct #68 Docket Annotation Stipulation and Protective Order filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Email dated 12/12/08 from Paul Enockson regarding DOL Subpoena, #2 Exhibit B - Letter dated 1/20/09 from Larry Gwaltney regarding Department of Labor Subpoena and Clarification of Confidential Status of Documents, #3 Exhibit C - Email dated 12/9/08 from Larry Gwaltney regarding the Department of Labor Subpoena, #4 Exhibit D - Letter dated 1/27/09 from Peter Dolan regarding Administrative Subpoenas issued by the U.S. Department of Labor, #5 Exhibit E - Email dated 1/29/09 from Larry Gwaltney in response to Peter Dolan, #6 Exhibit F - Email dated 1/29/09 from Paul Enockson regarding Administrative Subpoenas from the Department of Labor)(Rinaldi, Bruce) Modified on 3/3/2009 to add descriptions to exhibits (lf).
March 3, 2009 Filing 339 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #338 MOTION to Amend/Correct #293 MEMORANDUM in Support, #303 Order on Motion to Amend/Correct Renewed Motion to Amend Stipulation and Protective OrderMOTION to Amend/Correct #293 MEMORANDUM in Support, #303 Order on Motion to Amend/Correct Renewed Motion to Amend Stipulation and Protective Order (Rinaldi, Bruce)
March 3, 2009 Filing 338 MOTION to Amend/Correct #293 MEMORANDUM in Support, #303 Order on Motion to Amend/Correct Renewed Motion to Amend Stipulation and Protective Order by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 Proposed Order)(Rinaldi, Bruce)
March 3, 2009 DOCKET CORRECTION re: #340 Memorandum in Support. Clerk's Office added thorough descriptions to attachments. (lf)
February 20, 2009 Filing 337 NOTICE (TEXT ONLY) re 313 Notice of Settlement Conference. The parties are directed to deliver their confidential settlement statements to Magistrate Judge Karen K. Klein on or before Friday, February 27, 2009 at 12:00 noon by e-mailing the statements to chambers e-mail address: ndd_j-klein@ndd.uscourts.gov or mailing the same directly to chambers. (NJM)
February 18, 2009 Filing 336 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #335 Notice (Other), Notice (Other) Third Notice of Supplemental Authority Related to Plaintiffs Motion for Reconsideration (Rinaldi, Bruce)
February 18, 2009 Filing 335 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss Third Notice of Supplemental Authority Related to Plaintiffs Motion for Reconsideration (Attachments: #1 Supplement Jones v. NovaStar, No. 08-00490, 2009 WL 331553)(Rinaldi, Bruce) Modified on 2/19/2009 to remove duplicate hyperlink re Order on Motion to Dismiss. (lc)
February 11, 2009 Filing 334 NOTICE of Hearing: Status Conference set for Friday, 3/6/2009 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (sg)
February 6, 2009 Filing 333 REPLY to Response to Motion re #264 MOTION to Intervene filed by North Star Trust Co.. (Gwaltney, Alton)
February 4, 2009 Opinion or Order Filing 332 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #331 Motion for Leave to File Excess Pages. (NJM)
February 3, 2009 Filing 331 MOTION for Leave to File Excess Pages - regarding Reply Memorandum of Law in Support of Motion to Intervene due 02-06-09 by North Star Trust Co.. (Gwaltney, Alton)
January 26, 2009 Opinion or Order Filing 330 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #327 Stipulation to Amend Briefing Schedule on the Motion to Intervene. (NJM)
January 23, 2009 DOCKET CORRECTION re #325 Response to Motion. Wrong event selected; Re-filed using the correct event "Amended Document" at #329 . (lc)
January 22, 2009 Filing 328 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #327 Stipulation (Rinaldi, Bruce)
January 22, 2009 Filing 327 STIPULATION re 309 Order, #308 Stipulation, & [Proposed] Order Amending the Briefing Schedule on the Motion to Intervene & the Proposed Settlement by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Rinaldi, Bruce)
January 21, 2009 Filing 329 AMENDED DOCUMENT by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. Amendment to #323 Response to Motion. (lc)
January 21, 2009 Filing 326 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #329 (Amended Document) Response to Motion (Rinaldi, Bruce) Modified on 1/23/2009 to change hyperlink to the re-filed Amended Document. (lc)
January 21, 2009 Filing 325 *RESTRICTED - Wrong Event Selected* RESPONSE to Motion re #264 MOTION to Intervene Corrected Memorandum in Opposition to North Star's Motion to Intervene filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Rinaldi, Bruce) Modified on 1/23/2009 to restrict access; wrong event selected. Brief was refiled using the correct event "Amended Document" at #329 . (lc)
January 17, 2009 RESPONSE to Motion re #264 MOTION to Intervene filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. **NOTE: Docket entry made to correct response filed date on motions report. Response brief filed at #323 . Amended response brief filed at #329 . (lc)
January 17, 2009 Filing 324 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster MEMORANDUM IN OPPOSITION (Machiz, Marc)
January 17, 2009 Filing 323 RESPONSE to Motion re #264 MOTION to Intervene MEMORANDUM IN OPPOSITION filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Machiz, Marc)
January 16, 2009 Opinion or Order Filing 322 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #321 Motion for Leave to File Under Seal. (NJM)
January 15, 2009 Filing 321 MOTION for Leave to File Under Seal - Confidential Document by North Star Trust Co.. (Attachments: #1 Exhibit A - Email dated 03-21-08, #2 Certificate of Service)(Gwaltney, Alton)
January 15, 2009 Filing 320 BRIEF Letter Brief regarding Class Certification and Appointment as Interim Class Counsel by North Star Trust Co.. (Attachments: #1 Exhibit A - Email dated 03-21-08, #2 Exhibit B - Letter dated 02-05-08, #3 Certificate of Service)(Gwaltney, Alton)
January 15, 2009 Filing 319 BRIEF Class Certification Evidentiary Hearing Closing Argument by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 Certificate of Service)(Barton, R. Joseph)
January 15, 2009 Filing 318 BRIEF Letter Brief by Connie Tharaldson, Gary D. Tharaldson. (Moorhead, John)
January 13, 2009 Filing 317 TRANSCRIPT OF PROCEEDINGS (EVIDENTIARY HEARING ON MOTION TO CERTIFY CLASS), held on December 10, 2008 before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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.. Redaction Request due 2/3/2009. Redacted Transcript Deadline set for 2/13/2009. Release of Transcript Restriction set for 4/13/2009. (kk)
January 13, 2009 Filing 316 TRANSCRIPT OF PROCEEDINGS (EVIDENTIARY HEARING ON MOTION TO CERTIFY CLASS), held on December 9, 2008 before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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.. Redaction Request due 2/3/2009. Redacted Transcript Deadline set for 2/13/2009. Release of Transcript Restriction set for 4/13/2009. (kk)
January 13, 2009 Filing 315 TRANSCRIPT OF PROCEEDINGS(EVIDENTIARY HEARING ON MOTION TO CERTIFY CLASS), held on December 8, 2008 before Judge Ralph R. Erickson. Court Reporter/TranscriberKelly A. Kroke, Telephone number 701-297-7000. 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.. Redaction Request due 2/3/2009. Redacted Transcript Deadline set for 2/13/2009. Release of Transcript Restriction set for 4/13/2009. (kk)
January 13, 2009 Filing 314 NOTICE OF FILING OF TRANSCRIPTS (kk)
January 8, 2009 Filing 313 NOTICE of Hearing: Early Settlement Conference set for 3/5/2009 at 1:30 PM (Previously set for 9:30 a.m.) in Chambers before Magistrate Judge Karen K. Klein. Note change in start time only- date of settlement conference remains the same.(NJM)
January 6, 2009 Opinion or Order Filing 312 ORDER (TEXT ONLY) by Judge Ralph R. Erickson granting unopposed #311 Motion for Extension of Time to File Closing Arguments. The parties shall file their closing arguments related to the class certification hearing by 5:00 PM CST on Thursday, January 15, 2009. (KMS)
January 6, 2009 Filing 311 MOTION for Extension of Time to File Closing Arguments by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul)
December 29, 2008 DOCKET CORRECTION re: #306 Reply Memorandum. Wrong event was selected and exhibits were not described thoroughly. Document was refiled as a Reply to Motion Response at document #310 and exhibits were given thorough descriptions. (lf)
December 22, 2008 Opinion or Order Filing 309 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #308 Stipulation regarding briefing schedule on motion to intervene and proposed settlement. (NJM)
December 19, 2008 Filing 310 REPLY to Response to Motion re #274 MOTION to Appoint Counsel Interim Class Counsel filed by Gayle Herbert, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Letter from North Star Trust Company dated 3/20/08, #2 Exhibit B - Successor Trustee Engagement Agreement, #3 Exhibit C - Letter from Marc Machiz dated 3/3/08)(lf)
December 19, 2008 Filing 308 STIPULATION & [Proposed] Order Regarding Briefing Schedule on the Motion to Intervene & the Proposed Settlement by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Certificate of Service)(Rinaldi, Bruce)
December 19, 2008 Filing 307 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #306 MEMORANDUM in Support, Reply in Further Support (Rinaldi, Bruce)
December 19, 2008 Filing 306 *WRONG EVENT SELECTED* MEMORANDUM in Support re #274 MOTION to Appoint Counsel Interim Class Counsel Reply in Further Support filed by Gayle Herbert, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A - Letter from North Star Trust Company dated 3/20/08, #2 Exhibit B - Successor Trustee Engagement Agreement, #3 Exhibit C - Letter from Marc Machiz dated 3/3/08)(Rinaldi, Bruce) Modified on 12/29/2008 to add thorough descriptions of exhibits and to restrict access. Document was refiled using the correct event (lf).
December 17, 2008 Filing 305 NOTICE of Hearing on Motion #264 MOTION to Intervene : Motion Hearing set for Thursday, 4/16/2009 and Friday, 4/17/09 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (previously set for 3/2/09)(sg)
December 17, 2008 DOCKET CORRECTION re: #304 Order for Settlement Conference - Docket Text was corrected to show Thursday and Friday, rather than Wednesday and Thursday, for the days of the Settlement Conference. (lf)
December 16, 2008 Opinion or Order Filing 304 ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Karen K. Klein; Settlement Conference set for Thursday, 3/5/2009 at 09:30 AM through Friday, 3/6/2009 in Chambers before Magistrate Judge Karen K. Klein. (lf) Modified on 12/17/2008 to correct the hearing days (lf).
December 12, 2008 Opinion or Order Filing 303 ORDER by Judge Ralph R. Erickson denying #292 Motion to Amend Stipulation and Protective Order (KMS)
December 12, 2008 Opinion or Order Filing 302 ORDER (TEXT ONLY) by Judge Ralph R. Erickson granting #301 Motion for Extension of Time to File Reply re: #274 MOTION to Appoint Interim Class Counsel. Plaintiffs' reply brief is due by 12/19/2008. (KMS)
December 12, 2008 Filing 301 MOTION for Extension of Time to File Response/Reply to Defendants' Response to Motion to Appoint Class Counsel by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Baker, Alan)
December 10, 2008 Filing 300 Minute Entry for proceedings held before Judge Ralph R. Erickson: Motion Hearing - Day 3 - held on 12/10/2008 re #176 MOTION to Certify Class filed by Donna Walker, Gayle Herbert, Michael Webster. (Court Reporter KK) (Attachments: #1 Witness List, #2 Plaintiff Exhibit List, #3 Defendant Exhibit List) (sg)
December 9, 2008 Filing 299 Minute Entry for proceedings held before Judge Ralph R. Erickson: Motion Hearing - Day 2 - held on 12/9/2008 re #176 MOTION to Certify Class filed by Donna Walker, Gayle Herbert, Michael Webster. (Court Reporter KK) (sg)
December 9, 2008 Opinion or Order Filing 297 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #295 Motion for Leave to Appear pro hac vice to attorney Peter Morrison; granting #296 Motion for Leave to Appear pro hac vice to attorney Eric Waxman. (NJM)
December 9, 2008 Filing 296 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman. (fee paid)(td)
December 9, 2008 Filing 295 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter B. Morrison. (fee paid) (td)
December 8, 2008 Filing 298 Minute Entry for proceedings held before Judge Ralph R. Erickson: Motion Hearing - Day 1 - held on 12/8/2008 re #176 MOTION to Certify Class filed by Donna Walker, Gayle Herbert, Michael Webster. (Court Reporter KK) (sg)
December 8, 2008 Opinion or Order Filing 294 SCHEDULING ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein. Discovery due by 2/27/2009. (NJM)
December 5, 2008 Filing 293 MEMORANDUM in Support re #292 MOTION to Amend/Correct #68 Docket Annotation Stipulation and Protective OrderMOTION to Amend/Correct #68 Docket Annotation Stipulation and Protective Order filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
December 5, 2008 Filing 292 MOTION to Amend/Correct #68 Docket Annotation Stipulation and Protective Order by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A - Letter and Documents from US Dept of Labor - Becefits Security Administration #2 [Proposed] Order to Amend Stipulation and Protective Order)(Rinaldi, Bruce) Modified on 12/8/2008 to add descriptions to exhibits (td).
December 5, 2008 Filing 291 RESPONSE to Motion re #274 MOTION to Appoint Counsel Interim Class Counsel filed by James Lochow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC, Gary D. Tharaldson. (Attachments: #1 Declaration of John G. Hommel, #2 Excerpts of Deposition of Steven Martodam 7/25/08, #3 Excerpts of Deposition of Charles Krumwiede 7/24/08)(Moorhead, John) Modified on 12/8/2008 to add description to the Exhibits (td).
December 2, 2008 Filing 290 RESPONSE to Motion re #176 MOTION to Certify Class DEFENDANTS' SUPPLEMENTAL BRIEF IN OPPOSITION TO CLASS CERTIFICATION filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A - Declaration of John Hommel, #2 Exhibit B - Excerpts from Deposition of Steven Martodam, #3 Exhibit C - Excerpt from Deposition of Charles Krumwiede)(Enockson, Paul)
December 2, 2008 Opinion or Order Filing 289 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein terminating Ernst & Young as an interested party to this action. The reason for Ernst & Young's limited appearance, to respond to a discovery motion, has ceased to exist. (NJM)
December 1, 2008 Opinion or Order Filing 288 ORDER by Judge Ralph R. Erickson granting #287 Motion for Extension of Time to File Response/Reply re #287 MOTION for Extension of Time for Plaintiffs to File Response/Reply as to Motion to intervene by Trustee of TMI ESOP #264 . Response shall be filed not later than 4:30 p.m. CST on December 22, 2008. (RRE)
November 26, 2008 Filing 287 MOTION for Extension of Time to File Response/Reply as to #264 MOTION to Intervene (Unopposed) by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 Certificate of Service)(Barton, R. Joseph)
November 26, 2008 Filing 286 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #239 Reply to Response to Motion (Notice of Filing of Amended Declaration and Exhibits) (Attachments: #1 Amended Exhibit XX, #2 Amended Exhibit XX-1, #3 Amended Exhibit XX-2, #4 Amended Exhibit XX-3, #5 Amended Exhibit XX-4, #6 Amended Exhibit XX-5, #7 Certificate of Service)(Barton, R. Joseph)
November 26, 2008 Opinion or Order Filing 284 ORDER by Judge Ralph R. Ericksongranting #282 Motion for Leave to File. Brief must be filed not later than 4:30 pm CST December 2, 2008. (RRE)
November 25, 2008 Filing 283 MEMORANDUM in Support re #282 MOTION for Leave to File SUPPLEMENTAL BRIEF filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
November 25, 2008 Filing 282 MOTION for Leave to File SUPPLEMENTAL BRIEF by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
November 24, 2008 Opinion or Order Filing 281 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #280 Motion for Leave to Appear pro hac vice by attorney Mark A. Nebrig. (NJM)
November 21, 2008 Filing 280 MOTION for Leave to Appear Pro Hac Vice Attorney: Mark A. Nebrig filed by North Star Trust Co. (lc)
November 20, 2008 Opinion or Order Filing 279 ORDER by Judge Ralph R. Erickson denying #267 Motion to Stay filed by North Star Trust Co.; denying #270 Motion to Stay filed by Connie Tharaldson and Gary D. Tharaldson; and denying #277 Motion to Stay filed by James Lochow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC, and Gary D. Tharaldson, and #278 joined in by North Star Trust Co. (KMS)
November 20, 2008 Filing 278 NOTICE by North Star Trust Co. re #277 MOTION to Stay and Request for Emergency Rule 16 Conference - Joinder in Motion for Interim and Immediate Stay and Request for Emergency Rule 16 Conference (Gwaltney, Alton)
November 20, 2008 Filing 277 MOTION to Stay and Request for Emergency Rule 16 Conference by James Lochow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC, Gary D. Tharaldson. (Spaeth, Sidney)
November 19, 2008 Filing 276 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #274 MOTION to Appoint Counsel Interim Class Counsel, #275 MEMORANDUM in Support (Rinaldi, Bruce)
November 19, 2008 Filing 275 MEMORANDUM in Support re #274 MOTION to Appoint Counsel Interim Class Counsel filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Rinaldi, Bruce)
November 19, 2008 Filing 274 MOTION to Appoint Counsel Interim Class Counsel by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 [Proposed] Order For Appointment of Interim Class Counsel)(Rinaldi, Bruce) Modified on 11/19/2008 to remove three termed plaintiff names as filers. Counsel accidentally selected the termed parties as filers. (lc)
November 19, 2008 Filing 273 NOTICE of Hearing on #270 MOTION to Stay:Hearing set for Monday, 3/2/2009 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (sg)
November 19, 2008 Opinion or Order Filing 272 ORDER (TEXT ONLY) by Judge Ralph R. Erickson granting #271 Motion for Hearing (sg)
November 19, 2008 Filing 271 MOTION for Hearing re #270 MOTION to Stay re #267 MOTION to Stay REQUEST FOR ORAL ARGUMENT by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
November 19, 2008 Filing 270 MOTION to Stay re #267 MOTION to Stay by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
November 18, 2008 Filing 268 MEMORANDUM in Support re #267 MOTION to Stay filed by North Star Trust Co.. (Gwaltney, Alton)
November 18, 2008 Filing 267 MOTION to Stay by North Star Trust Co.. (Gwaltney, Alton)
November 18, 2008 Filing 266 NOTICE by North Star Trust Co. re #264 MOTION to Intervene - Notice of Filing of Declaration of John G. Hommel (Gwaltney, Alton)
November 18, 2008 Filing 265 MEMORANDUM in Support re #264 MOTION to Intervene filed by North Star Trust Co.. (Gwaltney, Alton)
November 18, 2008 Filing 264 MOTION to Intervene by North Star Trust Co.. (Attachments: #1 Exhibit 1 - Intervenor Complaint)(Gwaltney, Alton)
November 18, 2008 Filing 263 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster Notice of Change of Firm Name (Rinaldi, Bruce)
October 15, 2008 Filing 262 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #176 MOTION to Certify Class (Notice of Supplemental Authority Related to Plaintiffs Motion for Class Certification) (Attachments: #1 Supplement Beesley v. Int'l Paper Co., #2 Supplement Tatum v. R.J. Reynolds Tobacco Co., #3 Supplement Spano v. Boeing Co., #4 Certificate of Service)(Rinaldi, Bruce)
October 6, 2008 Opinion or Order Filing 261 ORDER by Magistrate Judge Karen K. Klein granting in part and denying in part #253 Motion for Extension of Time to Complete Discovery. (NJM)
October 6, 2008 Filing 260 SEALED DOCUMENT re #259 Affidavit of Andrew Holly by Ernst & Young LLP. (jo)
October 6, 2008 Filing 259 AFFIDAVIT of Andrew Holly re #258 Response to Motion by Ernst & Young LLP. (jo)
October 6, 2008 Filing 258 RESPONSE to Motion re #253 MOTION for Extension of Time to Complete Discovery To Permit Four Depositions in Excess of One Day filed by Ernst & Young LLP. (jo)
October 3, 2008 Filing 257 REPLY to Response to Motion re #253 MOTION for Extension of Time to Complete Discovery To Permit Four Depositions in Excess of One Day filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Declaration of Jason T. Kolcun, #2 Certificate of Service)(Rinaldi, Bruce)
September 29, 2008 Opinion or Order Filing 256 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein. Plaintiff's counsel is directed to serve #253 MOTION To Permit Four Depositions in Excess of One Day on counsel for the four out of state non-party witnesses from whom testimony is sought, as well as a copy of this order. Service shall be accomplished either electronically or by facsimile. Counsel for the non-party witnesses shall have an opportunity to respond to the motion on or before Thursday, October 2, 2008. The response, if any, shall be sent to the chambers e-mail address, ndd_J-Klein@ndd.uscourts.gov, with proof of service by electronic means on the parties.(NJM)
September 24, 2008 Filing 255 SEALED DOCUMENT Volume I Deposition of Gary Tharaldson Excerpts re #254 MEMORANDUM in Support, #253 MOTION for Extension of Time to Complete Discovery To Permit Four Depositions in Excess of One Day by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Volume II Deposition of Gary Tharaldson Excerpts, #2 Certificate of Service)(Rinaldi, Bruce)
September 24, 2008 Filing 254 MEMORANDUM in Support re #253 MOTION for Extension of Time to Complete Discovery To Permit Four Depositions in Excess of One Day filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Certificate of Service)(Rinaldi, Bruce)
September 24, 2008 Filing 253 MOTION for Extension of Time to Complete Discovery To Permit Four Depositions in Excess of One Day by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
September 24, 2008 Opinion or Order Filing 252 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #248 Motion for Leave to File Under Seal; granting #249 Motion for Leave to File Under Seal. (NJM)
September 24, 2008 Filing 251 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #249 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Unopposed Motion to Modify the Discovery Schedule to Permit Four Depositions in Excess of One Day, #250 Sealed Document, Volume I Deposition of Gary Tharaldson (Rinaldi, Bruce)
September 24, 2008 Filing 250 SEALED DOCUMENT Volume I Deposition of Gary Tharaldson re #249 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Unopposed Motion to Modify the Discovery Schedule to Permit Four Depositions in Excess of One Day by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Proposed Sealed Document Volume II Deposition of Gary Tharaldson)(Rinaldi, Bruce)
September 23, 2008 Filing 249 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Unopposed Motion to Modify the Discovery Schedule to Permit Four Depositions in Excess of One Day by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Order On Sealed Filings, #2 Certificate of Service)(Rinaldi, Bruce)
September 23, 2008 Filing 248 MOTION for Leave to File Under Seal Certain Exhibits in Support of Plaintiffs' Unopposed Motion to Modify the Discovery Schedule to Permit Four Depositions in Excess of One Day by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
September 5, 2008 Filing 247 NOTICE of Change of Address by R. Joseph Barton (Attachments: #1 Certificate of Service)(Barton, R. Joseph)
September 4, 2008 Filing 246 TRANSCRIPT of PROCEEDINGS - MOTIONS HEARING - held on July 30, 2008 before Judge Ralph R. Erickson. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. 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.. Redaction Request due 9/25/2008. Redacted Transcript Deadline set for 10/6/2008. Release of Transcript Restriction set for 12/3/2008. (kk)
September 4, 2008 Filing 245 NOTICE OF FILING OF TRANSCRIPT (kk)
September 3, 2008 Filing 244 NOTICE of Hearing: Evidentiary Hearing set for Monday, 12/8/2008 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (hearing estimate: 3 days)(sg)
August 16, 2008 Filing 243 SEALED DOCUMENT Ex. I (Valuation of 2% of TMI Common Stock) re #239 Reply to Response to Motion by Gayle Herbert, Donna Walker, Michael Webster. (Attachments: #1 Exhibit J (TMI Valuation Analysis Summary), #2 Exhibit K (Commercial Credit Display), #3 Exhibit L (Knutson Ltr., Dec. 6, 1999), #4 Exhibit M (Guarantor Pledge Agreement), #5 Exhibit N (Subordination Agreement), #6 Exhibit O (Bowman Ltr. w/Promissory Notes), #7 Exhibit P (Statements of Purchase), #8 Exhibit Q (GT and CT Assignment), #9 Exhibit R (Apex Valuation Unchanged), #10 Exhibit S (Assignments - Dec. 16, 1999), #11 Exhibit T (GT Charitable Contributions), #12 Exhibit U (Apex 50% and 48% Valuation), #13 Exhibit V (ESOP Closing Binder Dec. 17, 1998), #14 Exhibit W (TMI Stock Purchase Agreement - Dec. 17, 1998), #15 Exhibit X *(TMI Stock Purchase Agreement - Dec. 27, 1999), #16 Exhibit Y (Apex Updated Appraisal - Dec. 23, 1999), #17 Exhibit Z (TMI Valuation Analysis Summary - Oct. 31, 1999), #18 Exhibit DD (TMI Stock Sales), #19 Exhibit EE-15 (Ex. 15 to Furlong Depo.), #20 Exhibit EE-18 (E&Y Memo - Jan. 11, 1999), #21 Exhibit LL (Larson Depo.), #22 Exhibit LL-26 (Ex. 26 to Larson Depo.), #23 Exhibit MM (Lochow Depo.), #24 Exhibit OO (Nauer Depo.), #25 Exhibit PP (Nitti Depo.), #26 Exhibit RR (Gary Tharaldson Depo.), #27 Exhibit SS (Linda Tharaldson Depo.), #28 Exhibit TT (Rodney Tharaldson Depo.), #29 Exhibit UU (Roger Tharaldson Depo.), #30 Exhibit ZZ (Decl. of Confidential Witness #2), #31 Exhibit AAA (Decl. of Confidential Witness #1), #32 Exhibit BBB (Emails re: Petitions with no Signatures), #33 Certificate of Service)(Rinaldi, Bruce)
August 16, 2008 Filing 242 SUPPLEMENT to document: #239 Reply to Response to Motion filed by Donna Walker, Gayle Herbert, Michael Webster. (Attachments: #1 Exhibit WW (Cronin Depo.), #2 Exhibit XX (Decl. of J. Kolcun), #3 Exhibit XX-1 (Total Signatures), #4 Exhibit XX-2 (No. of Hotels Sent Letters), #5 Exhibit XX-3 (TMI Owned Hotels), #6 Exhibit XX-4 (TMI Managed Hotels), #7 Exhibit XX-5 (Upper Level Management), #8 Exhibit YY (Krenzel Decl.), #9 Exhibit CCC (Decl. of M. Dennis), #10 Exhibit DDD (E-mail re: Petition and Settlement), #11 Exhibit EEE (Decl. of B. Wright), #12 Exhibit FFF (Voves Depo.))(Rinaldi, Bruce)
August 16, 2008 Filing 241 SUPPLEMENT to document: #239 Reply to Response to Motion filed by Donna Walker, Gayle Herbert, Michael Webster. (Attachments: #1 Exhibit VV-1 (Mt. Laurel Petition), #2 Exhibit VV-2 (Dotson Depo.), #3 Exhibit VV-3 (Foster Depo.), #4 Exhibit VV-4 (Smith Depo.), #5 Exhibit VV-5 (Lopriore Depo.), #6 Exhibit VV-6 (Deptford Petition), #7 Exhibit VV-7 (Exton Petition), #8 Exhibit VV-8 (Marano Depo.), #9 Exhibit VV-9 (Albert Depo.), #10 Exhibit VV-10 (Miller Depo.), #11 Exhibit VV-11 (Springfield Petition), #12 Exhibit VV-12 (Cline Depo.), #13 Exhibit VV-13 (Quinonez Depo.), #14 Exhibit VV-14 (Cardenas Depo.), #15 Exhibit VV-15 (Ruiz Depo.), #16 Exhibit VV-16 (Woodbridge Courtyard Petition), #17 Exhibit VV-17 (Moreno Depo.), #18 Exhibit VV-18 (Privado Depo.), #19 Exhibit VV-19 (Reyes Depo.))(Rinaldi, Bruce)
August 15, 2008 Filing 240 SUPPLEMENT to document: #239 Reply to Response to Motion filed by Donna Walker, Gayle Herbert, Michael Webster. (Attachments: #1 Exhibit AA (TMI ESOP Audited Fin. Stmts. 12/31/98), #2 Exhibit CC (S-Corp. Election Form), #3 Exhibit EE (Furlong Depo.), #4 Exhibit FF (Fyke Depo.), #5 Exhibit GG (Haugen Depo.), #6 Exhibit HH (Herbert Depo.), #7 Exhibit II (Hommel Depo.), #8 Exhibit II-21 (Ex. 21 to Hommel Depo.), #9 Exhibit JJ (Knutson Depo.), #10 Exhibit KK (Krumwiede Depo.), #11 Exhibit KK-11 (Ex. 11 to Krumwiede Depo.), #12 Exhibit LL-25 (Ex. 25 to Larson Depo.), #13 Exhibit NN (Martodam Depo.), #14 Exhibit QQ (Scheel Depo.))(Rinaldi, Bruce)
August 15, 2008 Filing 239 REPLY to Response to Motion re #176 MOTION to Certify Class filed by Gayle Herbert, Donna Walker, Michael Webster. (Attachments: #1 Certificate of Service)(Rinaldi, Bruce)
August 11, 2008 Opinion or Order Filing 238 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #237 Motion for Leave to File Under Seal. (NJM)
August 8, 2008 Filing 237 MOTION for Leave to File Under Seal Certain Exhibits in Support of the Reply on Class Certification (Unopposed) by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Rinaldi, Bruce)
July 30, 2008 Filing 236 Minute Entry for proceedings held before Judge Ralph R. Erickson: Motion Hearing held on 7/30/2008 re #192 MOTION for Reconsideration #182 MOTION for Entry of Judgment and Motion to Bifricate and Stay Proceedings - Court takes motions under advisement (Court Reporter KK) (sg)
July 25, 2008 Filing 235 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,, Second Notice of Supplemental Authority Related to Plaintiffs Motion for Reconsideration (Attachments: #1 Supplement Evans v. Akers - 2008, #2 Certificate of Service)(Rinaldi, Bruce)
July 22, 2008 Opinion or Order Filing 234 ORDER (TEXT ONLY) by Judge Ralph R. Ericksongranting #231 Motion for Oral Argument re: Motion to Reconsider Order on Motion to Dismiss dated 9/26/07 (doc #192) and on Plaintiff's Motion for Final Entry of Judgment dated 1/15/08 (doc #182) - Court will hear oral arguments on Wednesday, July 30, 2008 at 9:00 am which will coinside with oral argument on the Motion to Bifricate and Stay Proceedings previously set by the Court (sg)
July 18, 2008 Filing 233 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,, (Notice of Supplemental Authority Related to Plaintiffs Motion for Reconsideration) (Attachments: #1 Attachment 1 - Westlaw Case - In re Mutual Funds Investment Litigation, #2 Certificate of Service)(Rinaldi, Bruce) Modified on 7/21/2008 to add a thorough description to attachment #1 (lf).
July 16, 2008 Filing 232 BRIEF re #231 MOTION for Hearing re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,,, #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and RichmanMOTION for Hearing re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,,, #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
July 16, 2008 Filing 231 MOTION for Hearing re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,,, #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
June 30, 2008 Opinion or Order Filing 230 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #228 unopposed Motion for Extension of Time to File Reply. Reply memorandum on class certification due by 8/15/2008. (NJM)
June 27, 2008 Filing 229 RESPONSE to Motion re #228 MOTION for Extension of Time to File Response/Reply as to #227 Response to Motion, #225 Response to Motion filed by Connie Tharaldson, Gary D. Tharaldson. (Moorhead, John)
June 26, 2008 Filing 228 MOTION for Extension of Time to File Response/Reply as to #227 Response to Motion, #225 Response to Motion by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
June 20, 2008 Filing 227 RESPONSE to Motion re #176 MOTION to Certify Class filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney) Modified on 6/20/2008: counsel states this is a joinder to the Response at #225 (lh).
June 20, 2008 Filing 226 SEALED DOCUMENT Confidential Appendix of Exhibits re #225 Response to Motion by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit 1-Supplemental Confidential Facts, #2 Exhibit 2-G Tharaldson Depo, #3 Exhibit 3-R Larson Depo, #4 Exhibit 4-J Hommel Depo, #5 Exhibit 5-K Scheel Depo, #6 Exhibit 6-P Herbert Depo, #7 Exhibit 7-B McKay Depo, #8 Exhibit 8-M Webster Depo, #9 Exhibit 9-Affidavit of P Wurst, #10 Exhibit 10-Affidavit of D Petrocchi, #11 Exhibit 11-Declaration of M Frank, #12 Exhibit 12-Ernst & Young Memorandum of Law, #13 Exhibit 13-Order 09-24-07, #14 Exhibit 14-Order 01-29-08, #15 Exhibit 15-G Tharaldson Answers to Interrogatories, #16 Exhibit 16-G Tharaldson Responses to Third Interrogatories, #17 Exhibit 17-Declaration of P Enockson, #18 Exhibit 17A-Valuation 12-27-99, #19 Exhibit 17B-Valuation 12-31-99, #20 Exhibit 17C-Valuation 09-30-98, #21 Exhibit 17D-G Tharaldson letter 09-12-06, #22 Exhibit 17E-Exemplar Petition 01-21-08, #23 Exhibit 17F-Exemplar Petition 01-10-08, #24 Exhibit 17G-ESOP-part 1, #25 Exhibit 17G-ESOP-part 2)(Enockson, Paul)
June 20, 2008 Filing 225 RESPONSE to Motion re #176 MOTION to Certify Class filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
June 20, 2008 Opinion or Order Filing 224 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #223 Motion for Leave to File Under Seal. Defendants are directed to file the documents. (LRH)
June 19, 2008 Filing 223 MOTION for Leave to File Under Seal by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Appendix Confidential Appendix of Exhibits to Defendants Gary and Connie Tharaldson's Response in Opposition to Plaintiffs' Motion for Class Certification, #2 Exhibit 1 Supplemental Confidential Facts, #3 Exhibit 2 Depo of G Tharaldson, #4 Exhibit 3-Depo of R Larson, #5 Exhibit 4-Depo of J Hommel, #6 Exhibit 5-Depo of K Scheel, #7 Exhibit 6-Depo of P Herbert, #8 Exhibit 7-Depo of B McKay, #9 Exhibit 8-Depo of M Webster, #10 Exhibit 9-Affidavit of P Wurst, #11 Exhibit 10-Affidavit of D Petrocchi, #12 Exhibit 11-Declaration of M Frank, #13 Exhibit 12-Memo of Law, #14 Exhibit 13-Order 09-24-07, #15 Exhibit 14-Order dated 01-29-08, #16 Exhibit 15-G Tharaldson Interrogatory Answers, #17 Exhibit 16-G Tharaldson Third Interrogatory Responses, #18 Exhibit 17-Affidavit of P Enockson, #19 Exhibit 17A-12-27-99 Valuation, #20 Exhibit 17B-12-31-99 Valuation, #21 Exhibit 17C-09-30-98 Valuation, #22 Exhibit 17D-G Tharaldson Letter 09-12-06, #23 Exhibit 17E-Exemplar Petition, #24 Exhibit 17F-Exemplar Petition 01-10-08, #25 Exhibit 17G-ESOP-part 1, #26 Exhibit 17G-ESOP-part 2)(Enockson, Paul)
June 12, 2008 Opinion or Order Filing 222 ORDER by Magistrate Judge Karen K. Klein granting #220 Motion for Extension of Time to File Response/Reply re #176 MOTION to Certify Class- Response due by 6/20/2008, Reply due by 8/1/2008; granting #220 Motion for Leave to File Excess Pages-Both briefs are allowed to be 50 pages. (jo)
June 11, 2008 Filing 221 NOTICE of Hearing on Motions #162 #164 MOTION to Bifurcate and Stay of Discovery: Motion Hearing - Oral Argument set for Wednesday, 7/30/2008 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (previously set for 06/19/08)(sg)
June 10, 2008 Filing 220 Defendants' Unopposed MOTION for Third Extension of Time to File Response/Reply as to #176 MOTION to Certify Class, MOTION for Leave to File Excess Pages by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul) Modified on 6/11/2008 to add complete title of document to text.(jo)
May 27, 2008 Filing 219 NOTICE of Hearing on Motions #162 #164 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument: Oral Argument set for Thursday, 6/19/2008 at 10:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (sg)
May 6, 2008 Opinion or Order Filing 218 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #217 Motion to Withdraw as Attorney. Attorney Cindy Hanson terminated. (NJM)
May 6, 2008 DOCKET ANNOTATION: Per Judge Klein's Chambers, attorneys Eric S. Waxman and Peter Morrison will be terminated from this case. Both attorneys filed PHV motions to represent Tharaldson Motels, Inc; NOT Tharaldson Motels, Inc ESOP. (lc)
May 5, 2008 Filing 217 MOTION to Withdraw as Attorney by Cindy Hanson by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
May 2, 2008 Opinion or Order Filing 216 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #215 Unopposed Motion for Extension of Time to File Response/Reply re #215 . Response due by 6/16/2008. Reply due by 7/31/2008. (NJM)
May 2, 2008 Filing 215 MOTION for Extension of Time to File Response/Reply as to #176 MOTION to Certify Class by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul)
April 23, 2008 Opinion or Order Filing 214 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #211 Motion for Leave to Appear pro hac vice to attorney Peter Morrison. (NJM)
April 23, 2008 Opinion or Order Filing 213 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #209 Motion for Leave to Appear pro hac vice to attorney Eric S. Waxman. (NJM)
April 22, 2008 Filing 212 SUPPLEMENT to document: #211 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter Morrison filed by Tharaldson Motels, Inc. ESOP. (lc)
April 22, 2008 Filing 211 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter Morrison filed by Tharaldson Motels, Inc. ESOP. (lc)
April 21, 2008 Filing 210 SUPPLEMENT to document: #209 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman filed by Tharaldson Motels, Inc. ESOP. (lc)
April 15, 2008 Filing 209 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman by Tharaldson Motels, Inc. ESOP. (lc)
April 8, 2008 DOCKET ANNOTATION re: #208 Memorandum in Support of motion. Added descriptions to attachments to this entry. (sb)
April 7, 2008 Filing 208 MEMORANDUM in Support re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss, filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A, Supreme Crt case of LaRue v. Dewolff 8/2/07; (2) Exhibit B,USCA8 case Wangberger v. Janus Capital Group #3 Exhibit C, Transcript of Motion to Dismiss hearing held 4/4/07 #4 Exhibit D, Order in MDL case, Northern District of Texas, #5 Certificate of Service)(Rinaldi, Bruce) Modified on 4/8/2008 to add descriptions to exhibits (sb)
March 31, 2008 DOCKET CORRECTION re: #206 Affidavit of John G. Hommel. Clerk's Office added a thorough description to exhibit A. (lf) (lf) (Entered: 03/31/2008)
March 28, 2008 Filing 207 RESPONSE to Motion re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,, filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul)
March 28, 2008 Filing 206 AFFIDAVIT of John G. Hommel Regarding Motion Pending Before the Court for Class Certification re #176 MOTION to Certify Class by Tharaldson Motels, Inc. ESOP. (Attachments: #1 Exhibit A - Letter from North Star Trust Company)(Gwaltney, Alton) Modified on 3/31/2008 to add thorough description to Exhibit (lf).
March 28, 2008 Opinion or Order Filing 205 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #201 Motion for Extension of Time to File Response/Reply. Response due by 5/9/2008. Reply due by 6/25/2008. (NJM)
March 28, 2008 Opinion or Order Filing 204 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #202 Motion for Leave to Appear pro hac vice by attorney Alton L. Gwaltney, III. (NJM)
March 27, 2008 Filing 203 SUPPLEMENT to document: #202 MOTION for Leave to Appear Pro Hac Vice Attorney: Alton L. Gwaltney, III filed by Tharaldson Motels, Inc. (lc)
March 27, 2008 Filing 202 MOTION for Leave to Appear Pro Hac Vice Attorney: Alton L. Gwaltney, III by Tharaldson Motels, Inc. ESOP. (Attachments: #1 Proposed Order)(lc)
March 26, 2008 Filing 201 MOTION for Extension of Time to File Response/Reply as to #176 MOTION to Certify Class by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul)
March 14, 2008 Opinion or Order Filing 200 ORDER (TEXT ONLY) by Judge Ralph R. Erickson granting #199 Amended Motion for Extension of Time to File Response to #192 Motion for Reconsideration re #159 Order on Motion to Dismiss. Response due by 4/2/2008. (KMS)
March 13, 2008 Filing 199 MOTION for Extension of Time to File Response/Reply as to #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss AMENDED by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney)
March 12, 2008 Filing 198 MOTION for Extension of Time to File Response/Reply as to #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,, by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul)
March 11, 2008 Opinion or Order Filing 197 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #196 Motion to Withdraw as Attorney. Attorney Sidney J. Spaeth substituted as counsel for James Lochow, Linda Tharaldson, Raymond Braun and South Dakota Trust Company, LLC. Attorney Steven J. Sacher terminated as counsel for these defendants. (LRH)
March 10, 2008 Filing 196 MOTION to Withdraw as Attorney of Steven J. Sacher by James Lochow, Linda Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
March 10, 2008 Filing 195 MOTION to Withdraw as Attorney of Steven J. Sacher by James Lochow, Linda Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney) Modified on 3/10/2008 to restrict access to pleading. Counsel accidentally e-filed the draft copy. Counsel will refile motion attaching correct pleading. (lc)
February 28, 2008 Filing 194 REPLY to Response to Motion re #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman filed by Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
February 28, 2008 Filing 193 MEMORANDUM in Support re #192 MOTION for Reconsideration re #159 Order on Motion to Dismiss,,, filed by Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A - Respondents' Motion to Dismiss the Writ)(Rinaldi, Bruce)
February 28, 2008 Filing 192 MOTION for Reconsideration re #159 Order on Motion to Dismiss by Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
February 19, 2008 Filing 191 RESPONSE to Motion re #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
February 15, 2008 Filing 190 RESPONSE to Motion re #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A (Memorandum Decision), #2 Exhibit B (Westlaw case Eslava v. Gulf Telephone), #3 Exhibit C (Westlaw case Benfield v. Mocatta))(Enockson, Paul)
January 18, 2008 Opinion or Order Filing 189 AMENDED (TEXT ONLY) ORDER by Magistrate Judge Klein. The following reflects the courts intention at the time of the last scheduling conference: The parties' simultaneous expert reports must be disclosed by 2/26/09; rebuttal expert reports must be disclosed by 3/26/09; expert depositions must be completed by 5/26/09. Doc. #186, Scheduling Order, is ordered amended to reflect these corrections.(LRH)
January 18, 2008 Filing 188 NOTICE of Bench Trial set for 1/11/2010 at 09:30 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (lh)
January 17, 2008 Opinion or Order Filing 187 ORDER FOR FINAL PRETRIAL CONFERENCE by Magistrate Judge Karen K. Klein set for 12/14/09 at 10:00 a.m. in Fargo - Judge Klein's Chambers.(lh)
January 17, 2008 Opinion or Order Filing 186 SCHEDULING ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein. Amended Pleadings due by 9/30/2008. Joinder of Parties due by 9/30/2008. Discovery due by 12/31/2008. Dispositive Motions due by 6/30/2009, responses due by August 14, 2009, reply due by September 1, 2009. Plaintiffs' expert disclosures dues by 2/26/09,defendants' expert disclosures due by 3/26/09. Expert discovery deadline 5/26/09. Defendants' response to Motion to Certify due 4/2/08. Briefing on plaintiffs' Motion to Compel is suspended pending a decision on the pending motion to bifurcate. Status Conference set for 10/28/2009 at 10:00 AM in by telephone before Magistrate Judge Karen K. Klein. Final Pretrial Conference set for 12/14/2009 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Karen K. Klein. Trial is scheduled for 1/11/2010 before Judge Erickson.(NJM)
January 16, 2008 Filing 185 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Scheduling Conference held on 1/16/2008. (jo)
January 15, 2008 Filing 184 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman re #183 MEMORANDUM in Support, #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman (Rinaldi, Bruce)
January 15, 2008 Filing 183 MEMORANDUM in Support re #182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
January 15, 2008 Filing 182 MOTION for Entry of Judgment under Rule 54(b) With Respect to Plaintiffs Hans, LeBlanc and Richman by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce)
January 15, 2008 Filing 181 RESPONSE to Motion re #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A (letter to B. Rinaldi), #2 Exhibit B (discovery responses), #3 Exhibit C (document request responses), #4 Exhibit D (letter to B. Rinaldi 09-22-06), #5 Exhibit E (responses to second document requests))(Enockson, Paul)
January 10, 2008 Opinion or Order Filing 180 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #179 Stipulation regarding Case Management Schedule. The court will hold a scheduling conference on Wednesday, January 16, 2008 at 3:30 p.m., via phone, plaintiffs to initiate the call (chambers phone (701)297-7070). (NJM)
January 10, 2008 Set Hearings: Scheduling Conference set for 1/16/2008 at 03:30 PM by telephone before Magistrate Judge Karen K. Klein. Plaintiffs to initiate the call. (NJM)
January 8, 2008 Filing 179 STIPULATION CONCERNING CASE MANAGEMENT SCHEDULE by James Lochow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC, Gary D. Tharaldson. (Attachments: #1 Certificate of Service)(Spaeth, Sidney)
December 21, 2007 Filing 178 CERTIFICATE OF SERVICE by Gayle Herbert, Donna Walker, Michael Webster re #177 MEMORANDUM in Support,, #176 MOTION to Certify Class (Rinaldi, Bruce)
December 21, 2007 Filing 177 MEMORANDUM in Support re #176 MOTION to Certify Class filed by Gayle Herbert, Donna Walker, Michael Webster. (Attachments: #1 Exhibit A 1998 & 1999 TMI Financial Statement, #2 Exhibit B 2002 & 2003 TMI Financial Statement, #3 Exhibit C Herbert Declaration, #4 Exhibit D McKay Declaration, #5 Exhibit E Walker Declaration, #6 Exhibit F Webster Declaration, #7 Exhibit G Barton Declaration, #8 Exhibit G-1 CMHT Resume, #9 Exhibit G-2 SSMT Resume, #10 Exhibit G-3 2004 TMI ESOP Form 5500)(Rinaldi, Bruce)
December 21, 2007 Filing 176 MOTION to Certify Class by Gayle Herbert, Donna Walker, Michael Webster. Responses due by 2/19/2008 (Attachments: #1 Proposed Order)(Rinaldi, Bruce)
December 21, 2007 Opinion or Order Filing 175 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #172 Motion for Extension of Time to File Response/Reply as to #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson. Response due by 1/15/2008. Reply due by 1/30/2008. (NJM)
December 20, 2007 Filing 174 REPLY to Response to Motion re #164 MOTION to Bifurcate and Stay of Discovery filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
December 20, 2007 Filing 173 REPLY to Response to Motion re #162 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument filed by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney)
December 18, 2007 Filing 172 MOTION for Extension of Time to File Response/Reply as to #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Spaeth, Sidney)
December 13, 2007 Opinion or Order Filing 171 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #166 Unopposed Motion for Leave to File Excess Pages. (NJM)
December 12, 2007 Filing 170 SEALED DOCUMENT Exhibit 2 (Gary Tharaldson's Personal Tax Returns) re #168 MEMORANDUM in Support, by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Tjon, Stacey)
December 12, 2007 Filing 169 AFFIDAVIT of Bruce Rinaldi in re #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson, #168 MEMORANDUM in Support, by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Tjon, Stacey)
December 12, 2007 Filing 168 MEMORANDUM in Support re #167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit 1 - Plaintiff's 2d Set of Document Requests to Defendant Gary Tharaldson)(Tjon, Stacey)
December 12, 2007 Filing 167 MOTION to Compel Production of Documents From Defendant Gary Tharaldson by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Proposed Order)(Tjon, Stacey)
December 12, 2007 Filing 166 MOTION for Leave to File Excess Pages in Brief in Support of Class Certification by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Proposed Order)(Tjon, Stacey)
December 10, 2007 Filing 165 RESPONSE to Motion re #164 MOTION to Bifurcate and Stay of Discovery, #162 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument (PLAINTIFF'S OPPOSITION TO MOTION) filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A - Plaintiff's Second Set of Document Requests Directed to Defendant Gary D. Tharaldson)(Tjon, Stacey)
December 4, 2007 Filing 164 MOTION to Bifurcate and Stay of Discovery by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
November 20, 2007 Filing 163 MEMORANDUM in Support re #162 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Spaeth, Sidney)
November 20, 2007 Filing 162 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney)
October 15, 2007 Filing 161 SEALED DOCUMENT Answer re #95 Amended Complaint by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
October 15, 2007 Filing 160 ANSWER to Amended Complaint #99 by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC.(Spaeth, Sidney) Modified on 10/18/2007 to add link to 4th Amended Complaint(td).
September 26, 2007 Opinion or Order Filing 159 Memorandum Opinion and ORDER by Judge Ralph R. Erickson granting in part and denying in part #104 Motion to Dismiss: Plaintiffs Hans, LeBlanc and Richman are not Plan participants and lack standing so motion to dismiss as these plaintiffs is Granted and Plaintiffs Jackey, Walker and Webster have alleged a sufficiently concrete injury caused by the acts of Gary Tharaldson to have standing, so motion to dismiss these plaintiffs is Denied; and denying defendants' #110 Motion to Dismiss (sb)
September 12, 2007 Filing 158 BRIEF re #156 Supplement, Response to, by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A#2 Exhibit B)(Spaeth, Sidney)
August 21, 2007 Filing 157 E-Filing Modification Request re the Exhibits attached to #156 Supplement. (lf)
August 17, 2007 Filing 156 SUPPLEMENT to document: #114 Response to Motion,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc. (Attachments: #1 Exhibit 1 - Westlaw Case Graden v. Conextant Systems Inc. #2 Exhibit 2 - Westlaw Case Bridges v. American Electric Power Company)(Rinaldi, Bruce) Modified on 8/21/2007 to add thorough descriptions to exhibits (lf).
July 24, 2007 Filing 155 TRANSCRIPT of Motion to Dismiss held on April 4, 2007 before Judge Erickson. Court Reporter: BC. (bc)
June 22, 2007 Filing 154 BRIEF re #152 Supplement,,, Reply Letter Brief by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit Attachment re: Guidant)(Spaeth, Sidney)
June 21, 2007 Filing 153 SUPPLEMENT to document: #145 Supplement,,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #135 Supplement,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #116 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #152 Supplement,,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #129 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #114 Response to Motion,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #115 Response to Motion, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc. (Attachments: #1 Exhibit Rispler v. Spitz)(Baker, Alan)
June 7, 2007 Filing 152 SUPPLEMENT to document: #145 Supplement,,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #135 Supplement,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #116 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #129 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #114 Response to Motion,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #115 Response to Motion, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc. (Attachments: #1 Exhibit Attachment - Harzewski v. Guidant Corporation)(Baker, Alan)
April 11, 2007 Filing 151 BRIEF Letter from Bruce F. Rinaldi by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit Banyai v. Mazur)(Baker, Alan)
April 11, 2007 Filing 150 BRIEF Letter from John J. McGowan, Jr. by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney)
April 4, 2007 Filing 149 AFFIDAVIT by Gayle Herbert. (Attachments: #1 Exhibit Certificate of Participation#2 Exhibit Letter to Phyllis Herbert#3 Exhibit Distibution Policy#4 Exhibit Employee Stock Ownership Plan#5 Exhibit email dated 1/2/07)(sg)
April 4, 2007 Filing 148 Letter from Bruce Rinaldi (Attachments: #1 Exhibit Certificate of Participation#2 Exhibit Letter to Phyllis Herbert#3 Exhibit Distribution Policy) (sg)
April 4, 2007 Filing 147 Minute Entry for proceedings held before Judge Ralph R. Erickson : Motion Hearing held on 4/4/2007 re #110 MOTION to Dismiss for Failure to State a Claim #104 MOTION to Dismiss - Court takes motions under advisement. (Court Reporter BC) (sg)
March 30, 2007 Filing 146 SUPPLEMENT to document: #104 MOTION to Dismiss and Application for Oral Argument filed by Gary D. Tharaldson, Connie Tharaldson. (Attachments: #1 Exhibit In re Patterson Companies#2 Exhibit Register v. Cameron & Barkley Co.#3 Exhibit Caltagirone v. NY Community Bankcorp#4 Exhibit In re Guidant Corp)(Spaeth, Sidney)
March 7, 2007 Filing 145 SUPPLEMENT - Fourth Supplemental Citation to document: #135 Supplement,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #116 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #129 Supplement, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #114 Response to Motion,, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc, #115 Response to Motion, filed by Raymond Hans, Donna Walker, Gayle Herbert, Larry Richman, Michael Webster, Jeremy Jackey, Chuck LeBlanc. (Attachments: #1 Exhibit Schedule A - Brieger v. Tellabs)(Baker, Alan) Modified on 3/7/2007 to add descriptive text(lf).
February 28, 2007 Opinion or Order Filing 144 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #142 attorney John J. McGowan's Motion for Leave to Appear pro hac vice. (NJM)
February 27, 2007 Filing 143 AFFIDAVIT of John J. McGowan, Jr. in Support re #142 MOTION for Leave to Appear Pro Hac Vice Attorney: John J. McGowan, Jr. filed by Connie Tharaldson and Gary D. Tharaldson. (lc)
February 27, 2007 Filing 142 MOTION for Leave to Appear Pro Hac Vice Attorney: John J. McGowan, Jr. by Connie Tharaldson and Gary D. Tharaldson. (lc)
February 15, 2007 Opinion or Order Filing 141 ORDER by Judge Karen K. Klein denying #133 Motion to Modify the Discovery Schedule. (NJM)
February 9, 2007 Filing 140 AFFIDAVIT of Bruce Rinaldi in Support re #133 MOTION to Amend/Correct Modify The Discovery Schedule filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
February 9, 2007 Filing 139 REPLY to Response to Motion re #133 MOTION to Amend/Correct Modify The Discovery Schedule filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
February 2, 2007 Filing 138 RESPONSE to Motion re #133 MOTION to Amend/Correct Modify The Discovery Schedule in Opposition filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Spaeth, Sidney)
January 30, 2007 Filing 137 NOTICE of E-filing Deficiency re Exhibit A within the MEMORANDUM in Support re #134 - The Exhibit is already on file with the court in this case, so filer should have referred to the docket number assigned to the document in ECF, rather than attaching it to the pleading as an exhibit. The Exhibit will remain as part of #134 but file should note this deficiency for any future filings. (lf)
January 29, 2007 Filing 136 NOTICE of Hearing on Motion re #104 MOTION to Dismiss for Failure to State a Claim: Motion Hearing set for Wednesday, 4/4/2007 at 9:00 AM in Courtroom 1 in Fargo before Judge Ralph R. Erickson. (sg)
January 19, 2007 Filing 135 SUPPLEMENT (Third) Supplemental Citation to document: #129 Supplement, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,, #115 Response to Motion, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,, #114 Response to Motion,, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,, #116 Supplement, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,. (Attachments: #1 Appendix A - Smith v. Aon)(Baker, Alan)
January 19, 2007 Filing 134 MEMORANDUM in Support re #133 MOTION to Amend/Correct Modify The Discovery Schedule filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A#2 Text of Proposed Order Proposed Order)(Baker, Alan)
January 19, 2007 Filing 133 MOTION to Amend/Correct Modify The Discovery Schedule by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
January 5, 2007 Opinion or Order Filing 132 ORDER (TEXT ONLY) by Judge Karen K. Klein granting attorney Sidney Spaeth's notice of substitution of local counsel #130 and #131 . (NJM)
January 3, 2007 Filing 131 NOTICE by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC of Substitution of Local Counsel (Spaeth, Sidney)
January 3, 2007 Filing 130 NOTICE by Connie Tharaldson, Gary D. Tharaldson of Substitution of Local Counsel (Spaeth, Sidney)
October 11, 2006 Filing 129 SUPPLEMENT (second) to document: #115 Response to Motion, #114 Response to Motion, and #116 Supplement filed by plaintiffs. (Attachments: #1 Exhibit A - In Re: Polaroid ERISA Litigation #2 Exhibit B (pp 1-18) - Howard Graden v. Conexant Systems, Inc, et al. #3 Exhibit B (pp 19-37) - Howard Graden v. Conexant Systems, Inc, et al.)(Baker, Alan) Modified on 10/16/2006 to add exhibit descriptions and to clean up text (lc).
September 21, 2006 Opinion or Order Filing 128 ORDER(TEXT ONLY) by Judge Karen K. Klein granting #126 Motion for Leave to File Excess Pages. (NJM)
September 20, 2006 Filing 127 REPLY to Response to Motion re #104 MOTION to Dismiss and Application for Oral Argument filed by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1AEP Erisa Litigation #2 # Howell v. Motorola 8/11/06 (3) # Howell v. Motorola 9/30/05 (4) # Vaughn v. Bay Environmental (5) # Graden v. Conexant (6) Holtzscher v. Dynergy )(Carlson, Wayne) (edited to add description of attachments)
September 20, 2006 Filing 126 MOTION for Leave to File Excess Pages on Reply Brief in Support of Rule 12(b)(1) Motion to Dismiss by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1Proposed Order)(Carlson, Wayne) Modified on 9/25/2006 to add description of attachment (sb).
September 18, 2006 Opinion or Order Filing 125 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #124 Motion for Extension of Time to File Response/Reply. Reply due by 9/20/2006. (NJM)
September 14, 2006 Filing 124 MOTION for Extension of Time to File Response/Reply Second Extension by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Text of Proposed Order)(Carlson, Wayne)
September 11, 2006 Filing 123 NOTICE of E-filing Deficiency to James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC re #122 Reply Brief. Corrections made by the clerk's office. (lc)
September 6, 2006 MOTION for Oral Argument Hearing re #110 MOTION to Dismiss for Failure to State a Claim. Note: Motion was included on Reply Brief #122 filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (lc)
September 6, 2006 Filing 122 REPLY to Response to Motion re #110 Motion to Dismiss for failure to state a claim filed by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Carlson, Wayne) Modified on 9/11/2006 to link to correct motion (lc).
September 1, 2006 Opinion or Order Filing 121 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #120 Amended Motion for Extension of Time to file Reply Brief by defendants Roger Tharaldson, Linda Tharaldson, James Lochow, Raymong Braun and South Dakota Trust Company, LLC. Defendants' reply brief shall be filed on or before September 6, 2006. (njm)
August 31, 2006 Filing 120 MOTION to Amend/Correct Notice of Motion and Unopposed Motion for Extension of Time to File Reply Brief in Further Support of Their "Superseding" Motion to Dismiss by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Attachments: #1)(Carlson, Wayne)
August 30, 2006 Opinion or Order Filing 119 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #117 Motion for Extension of Time to File Response/Reply in Further Support of their Rule 12(b)(1) Motion to Dismiss and #118 MOTION for Extension of Time to File Response/Reply To Superceding Motion. Both Replies due by Friday 9/15/2006. (njm)
August 29, 2006 Filing 118 MOTION for Extension of Time to File Response/Reply Brief in Further Support of Their "Superseding" Motion to Dismiss by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Attachments: #1)(Carlson, Wayne)
August 29, 2006 Filing 117 MOTION for Extension of Time to File Response/Reply in Further Support of Their Rule 12(b)(1) Motion to Dismiss by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne)
August 18, 2006 Filing 116 SUPPLEMENT to document: #115 Response to Motion, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,, #114 Response to Motion, filed by Raymond Hans,, Chuck LeBlanc,, Larry Richman,, Gayle Herbert,, Jeremy Jackey,, Donna Walker,, Michael Webster,. (Attachments: #1 In re Aquila ERISA Litigation)(Baker, Alan)
August 2, 2006 Filing 115 RESPONSE to Motion re #110 MOTION to Dismiss for Failure to State a Claim, #113 MOTION for Hearing re #110 MOTION to Dismiss for Failure to State a Claim Memorandum in Opposition filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Baker, Alan)
August 2, 2006 Filing 114 RESPONSE to Motion re #104 MOTION to Dismiss and Application for Oral Argument, #112 MOTION for Hearing re #104 MOTION to Dismiss and Application for Oral Argument Memorandum in Opposition filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 Exhibit A - Audited Financial Statements and Supplemented Schedules Years Ended Dec. 31, 1999 and 1998 #2 Exhibit B - Audited Financial Statements and Supplemented Schedules Years Ended Dec. 31, 2003 and 2002 #3 Exhibit C - 2nd Circuit Court of Appeals Brief in Dickerson v. Feldman, et al.)(Baker, Alan) Modified on 8/23/2006 to add description of attachments (lc).
July 5, 2006 Filing 113 MOTION for Hearing re #110 MOTION to Dismiss for Failure to State a Claim by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Carlson, Wayne)
July 5, 2006 Filing 112 MOTION for Hearing re #104 MOTION to Dismiss and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne)
June 20, 2006 Filing 111 BRIEF re #110 MOTION to Dismiss for Failure to State a Claim by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Carlson, Wayne)
June 20, 2006 Filing 110 MOTION to Dismiss for Failure to State a Claim by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC. (Carlson, Wayne)
June 20, 2006 Filing 109 SEALED DOCUMENT re #95 Amended Complaint by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne)
June 20, 2006 Filing 108 ANSWER to Amended Complaint Fourth Amended (Gary Tharaldson) by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne)
June 20, 2006 Filing 107 ANSWER to Amended Complaint Fourth Amended by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne)
June 20, 2006 Filing 106 ANSWER to Amended Complaint (Connie Tharaldson) by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne)
June 20, 2006 Filing 105 BRIEF re #104 MOTION to Dismiss and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss#2 Exhibit Exhibit B to Motion to Dismiss#3 Exhibit Exhibit C to Motion to Dismiss#4 Exhibit Exhibit D to Motion to Dismiss)(Carlson, Wayne)
June 20, 2006 Filing 104 MOTION to Dismiss and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne)
June 5, 2006 Opinion or Order Filing 103 ORDER (TEXT ONLY) by Judge Karen Klein adopting Stipulated Amendment to protective order (doc. #98). (njm)
June 1, 2006 Opinion or Order Filing 102 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #101 attorney Bruce F. Rinaldi's Motion for Leave to Appear PHV. (LRH)
May 30, 2006 Filing 101 MOTION for Leave to Appear PHV Attorney Bruce F. Rinaldi by plaintiffs Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (lc)
May 23, 2006 Filing 100 Minute Entry for Status Conference held before Judge Karen K. Klein on 5/23/2006. (td)
May 23, 2006 Filing 99 AMENDED COMPLAINT Fourth Amended Class Action Complaint against all defendants, filed by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster, Raymond Hans, Chuck LeBlanc, Larry Richman. (Attachments: #1 pp 33-63)(Baker, Alan)
May 22, 2006 Filing 98 MOTION for Protective Order Stipulated Amendment by James Lochow, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson, South Dakota Trust Company, LLC, Gary D. Tharaldson. (Carlson, Wayne)
May 18, 2006 Opinion or Order Filing 97 ORDER (TEXT ONLY) re #96 Stipulation to file 4th Amended Class Action Complaint is approved by Judge Karen K. Klein. (njm)
May 15, 2006 Filing 96 STIPULATION RE: Filing of Fourth Amended Complaint by Raymond Hans. (Attachments: #1 Exhibit 1 Part 1 (pages 1-30) Fourth Amended Class Action Complaint#2 Part 2 (pages 31-62) Fourth Amended Class Action Complaint#3 Text of Proposed Order)(td)
May 2, 2006 Filing 95 THIRD AMENDED CLASS ACTION COMPLAINT (pages 1-31) against defendants filed by plaintiffs. (Attachments: #1 Third Amended Class Action Complaint pages 32-62#2 Addendum to the Third Amended Class Action Complaint (FILED UNDER SEAL))(lc)
May 2, 2006 Filing 94 AFFIDAVIT re #87 MEMORANDUM in Support of Plaintiffs' Motion to File Third Amended Complaint by Raymond Hans. (Attachments: #1 Third Amended Complaint Revised pp 1-31#2 Third Amended Complaint Revised pp 32-62)(Baker, Alan)
May 2, 2006 Filing 93 SEALED DOCUMENT re #56 Docket Annotation, #89 Sealed Document, MOTION to Dismiss by Raymond Hans. (Attachments: #1 Exhibit A - Defendant Gary Tharaldson's Answers to Plaintiffs' First Set of Interrogatories#2 Exhibit B - Dawn Sclosser 7/14/00 email#3 Exhibit C - US Dept of Labor 11/18/03 letter#4 Exhibit D - US Dept of Labor 5/30/03 letter)(Baker, Alan)
May 2, 2006 Opinion or Order Filing 92 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #86 Motion for Leave to File Third Amended Complaint. Counsel is directed to file and serve the Third Amended Complaint. (njm)
May 2, 2006 DOCKET ANNOTATION: Added additional filers to docket text at response brief #90 . (lc)
May 1, 2006 Filing 91 RESPONSE to Motion re #86 MOTION for Leave to File Third Amended Complaint filed by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne)
May 1, 2006 Filing 90 RESPONSE to Motion re #86 MOTION for Leave to File Third Amended Complaint filed by Linda Tharaldson, Roger Tharaldson, James Lochow, Raymond Braun, and South Dakota Trust Company, LLC. (Carlson, Wayne) Modified on 5/2/2006 to add filers (lc).
April 27, 2006 Filing 89 SEALED DOCUMENT by Raymond Hans. (Baker, Alan)
April 14, 2006 Filing 88 MOTION to Seal Addendum to 3rd Amended Complaint re #86 MOTION for Leave to File by Plaintiffs Raymond Hans, Chuck LeBlanc, Larry Richman. (NOTE: Motion is moot, leave of court is not needed to file under seal.) (lf)
April 14, 2006 Filing 87 MEMORANDUM in Support re #86 MOTION for Leave to File filed by Plaintiffs Raymond Hans, Chuck LeBlanc, and Larry Richman. (lf)
April 14, 2006 Filing 86 MOTION for Leave to File 3rd Amended Complaint by Plaintiffs Chuck LeBlanc, Raymond Hans, and Larry Richman. (Attachments: #1 Text of Proposed Order #2 Proposed 3rd Amended Complaint Pages 1-31#3 Proposed 3rd Amended Complaint Pages 32-62#4 Proposed SEALED Addendum to 3rd Amended Complaint)(lf)
April 12, 2006 Filing 85 NOTICE of Hearing: Status Conference set for 5/23/2006 11:00 AM in Chambers before Magistrate Judge Karen K. Klein, via telephone conference, plaintiff to initiate the phone call (copies to counsel, court officials) (sb)
March 13, 2006 Opinion or Order Filing 84 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #81 Motion for Leave to Appear pro hac vice by attorney R. Joseph Barton, granting #82 Motion for Leave to Appear pro hac vice by attorney Marc Machiz and granting #83 Motion for Leave to Appear pro hac vice by attorney Whitney Case. (njm)
March 9, 2006 Filing 83 MOTION for Leave to Appear PHV by attorney Whitney Case filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc)
March 9, 2006 Filing 82 MOTION for Leave to Appear PHV by attorney Marc Machiz filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc)
March 9, 2006 Filing 81 MOTION for Leave to Appear PHV by attorney R. Joseph Barton filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc)
March 2, 2006 Filing 80 NOTICE of Appearance by Stacey Elizabeth Tjon, Alan Baker on behalf of all plaintiffs (td, )
February 16, 2006 Opinion or Order Filing 79 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #76 Motion for Leave to Appear PHV by attorneys Steven J. Sacher and Cindy D. Hanson. (lrh)
February 13, 2006 Filing 78 AFFIDAVIT of Cindy D. Hanson in Support re #76 MOTION for Leave to Appear Pro Hac Vice filed by defendants James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, and South Dakota Trust Company, LLC. (lc)
February 13, 2006 Filing 77 AFFIDAVIT of Steven J. Sacher in Support re #76 MOTION for Leave to Appear Pro Hac Vice filed by defendants James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, and South Dakota Trust Company, LLC. (lc)
February 13, 2006 Filing 76 MOTION for Leave to Appear Pro Hac Vice by attorneys Steven J. Sacher AND Cindy D. Hanson on behalf of defendants James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, and South Dakota Trust Company, LLC. (Attachments: #1 Text of Proposed Order #2 Affidavit of Service by Electronic Mail)(lc)
February 2, 2006 Opinion or Order Filing 75 ORDER (TEXT ONLY) by Judge Karen K. Klein granting #71 Motion for Leave to Appear pro hac vice and granting #73 Motion for Leave to Appear pro hac vice. (njm)
February 1, 2006 Filing 74 AFFIDAVIT of Paul S. Enockson in Support re #73 MOTION for Leave to Appear PHV filed by defendants Connie Tharaldson and Gary D. Tharaldson. (lc)
February 1, 2006 Filing 73 MOTION for Leave to Appear PHV as to attorney Paul S. Enockson filed by defendants Connie Tharaldson and Gary D. Tharaldson. (Attachments: #1 Text of Proposed Order)(lc)
February 1, 2006 Filing 72 AFFIDAVIT of John B. Moorhead in Support re #71 MOTION for Leave to Appear PHV filed by Connie Tharaldson and Gary D. Tharaldson. (lc)
February 1, 2006 Filing 71 MOTION for Leave to Appear PHV as to attorney John B. Moorhead filed by defendants Connie Tharaldson and Gary D. Tharaldson. (Attachments: #1 Text of Proposed Order)(lc)
January 9, 2006 Docket entries that precede #71 were filed in USDC NV prior to tranfer to USDC ND. (ra)
December 20, 2005 Filing 70 TRANSMITTAL action is transferred to District of North Dakata re 69 Order on Motion to Transfer. (MJZ) (ra) (Entered: 01/09/2006)
December 15, 2005 Opinion or Order Filing 69 ORDER granting 22 Motion to Transfer. Action is transferred to District of North Dakota. Signed by Judge Kent J. Dawson on 12/14/05. (MJZ ) (ra) (Entered: 01/09/2006)
October 25, 2005 Opinion or Order Filing 68 ORDER: stip and protective order received 10/13/05 is GRNTD. cps dist. (ra) (Additional attachment(s) added on 12/14/2007: #1 Stipulation and Protective Order dated 10/13/05) (lc). (Entered: 01/09/2006)
September 22, 2005 Filing 67 REPLY TO RESPONSE TO MOTION Reply to mtn to dsmss #56. obo Ds (s) Oral arg requested (ra) (Entered: 01/09/2006)
September 22, 2005 Filing 66 REPLY TO RESPONSE TO MOTION Reply to mtn to strike #58 obo P. (s) (ra) (Entered: 01/09/2006)
August 30, 2005 Filing 65 REPLY TO RESPONSE TO MOTION Reply to oppo to mtn to transfer venue #22. (s) (ra) (Entered: 01/09/2006)
August 30, 2005 Filing 64 RESPONSE IN OPPOSITION TO MOTION Oppo to mtn to strike #58. Obo Ds. (s) (ra) (Entered: 01/09/2006)
August 29, 2005 Opinion or Order Filing 63 ORDER ORD: Jnt report specifying procedure for disco. (see doc) cps dist. (ra) (Entered: 01/09/2006)
August 24, 2005 Filing 62 MEMORANDUM To oppo #59 to mtn to dsmss #56. Obo Ps. (s) (ra) (Entered: 01/09/2006)
August 22, 2005 Opinion or Order Filing 61 ORDER ON STIPULATION ORD: stip ext of time on briefing of motion to dsmss #56, and motion for chance of venue #22. cps dist. (ra) (Entered: 01/09/2006)
August 10, 2005 Opinion or Order Filing 60 ORDER ON STIPULATION ORD: stip to dsmss certain Ds. Employee stock ownership plan (ESOP) committe Ds are dismissed from case. cps dist. (ra) (Entered: 01/09/2006)
August 5, 2005 Filing 59 RESPONSE IN OPPOSITION TO MOTION Oppo to mtn to transfer venue (oral arg request) (s) (filed seperate) (ra) (Entered: 01/09/2006)
August 5, 2005 Filing 58 MOTION TO STRIKE Mtn to strike portions of Gary Tharaldson's declaration. (s) DISPO: oppo #64, reply #66 (ra) (Entered: 01/09/2006)
July 26, 2005 MOTION to Dismiss by James Lochow, Connie Tharaldson, Raymond Braun, South Dakota Trust Company, LLC, Gary D. Tharaldson (Motion was not efiled correctly as a motion on 7/26/05, reference docket #56 Responses and Briefs have been submitted and motion is ready per Chambers (sb)
July 26, 2005 Filing 57 NOTICE (OTHER) Ntc of original declaration of Roger Tharaldson. obo Ds (s) (ra) (Entered: 01/09/2006)
July 26, 2005 Filing 56 MOTION TO DISMISS Mtn to dsmss with points and memo authorities. Obo Ds (s) DISPO: oppo #59, stip #62, memo to oppo #62, reply #67 (ra) (Entered: 01/09/2006)
July 25, 2005 Filing 55 DESIGNATION OF LOCAL COUNSEL Bill Urga local for Steven Sacher. Obo D. (ra) (Entered: 01/09/2006)
July 25, 2005 Filing 54 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE Steven Sacher obo D. (ra) (Entered: 01/09/2006)
July 25, 2005 Filing 53 DESIGNATION OF LOCAL COUNSEL Bill Urga local for Cindy Hanson. obo D. (ra) (Entered: 01/09/2006)
July 25, 2005 Filing 52 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE Cindy Hanson Obo D. (ra) (Entered: 01/09/2006)
July 19, 2005 Filing 51 CERTIFICATE OF INTERESTED PARTIES Supplemental CiP Obo Ds,Tharaldson's. (s) (cps KJD-RJJ) (ra) (Entered: 01/09/2006)
July 7, 2005 Filing 50 CERTIFICATE OF SERVICE Obo D Tharaldson. (s) (ra) (Entered: 01/09/2006)
July 5, 2005 Filing 49 CERTIFICATE OF INTERESTED PARTIES Obo Ds. Gary and Connie Tharaldson (ra) (Entered: 01/09/2006)
June 30, 2005 Filing 48 CERTIFICATE OF INTERESTED PARTIES Obo D. (ra) (Entered: 01/09/2006)
June 29, 2005 Filing 47 MISCELLANEOUS DOCUMENT Errata to answer #36 obo Ds. (m) (ra) (Entered: 01/09/2006)
June 29, 2005 Filing 46 MISCELLANEOUS DOCUMENT Errata to answer #33 obo Ds. (m) (ra) (Entered: 01/09/2006)
June 29, 2005 Filing 45 MISCELLANEOUS DOCUMENT Errata to answer #32 obo Ds. (m) (ra) (Entered: 01/09/2006)
June 29, 2005 Filing 44 MISCELLANEOUS DOCUMENT Errata to answer #31 obo Ds. (m) (ra) (Entered: 01/09/2006)
June 28, 2005 Filing 43 MISCELLANEOUS DOCUMENT To Tom Schneiders answer #35 to 2nd amndd complaint. (m) (ra) (Entered: 01/09/2006)
June 24, 2005 Opinion or Order Filing 42 ORDER ON STIPULATION ORD: Tharaldson Ds & ESOP Committee Ds have until 6-20-05 to fl their answers to cmplt; FUR ORD: Selling Shareholder Ds have until 7-25-05 to answr cmplt & until 6/20/05 to fl any change of venue mtns (w/oppos due 8-5-05). Any other m (ra) (Entered: 01/09/2006)
June 24, 2005 Filing 41 CERTIFICATE OF SERVICE Obo D (m) (ra) (Entered: 01/09/2006)
June 22, 2005 Filing 40 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006)
June 21, 2005 Filing 39 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006)
June 21, 2005 Filing 38 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006)
June 21, 2005 Filing 37 CERTIFICATE OF SERVICE Obo Ds (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 36 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Annette Croves. (nss) (FLD SEP DUE TO SIZE) (errata #47) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 35 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Tom Schneider. (nss) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 34 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Darwin Braunagel. (nss) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 33 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Aimee Fyke. (nss) (errata #46) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 32 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Anne McElroy. (nss) (errata #45) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 31 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Mark Knutson. (nss) (errata #44) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 30 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Gary Tharaldson. (nss) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 29 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Connie Tharaldson. (nss) (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 28 DESIGNATION OF LOCAL COUNSEL Thomas Kummer named lcl cnsl for pro hac atty Alamuddin #27 obo Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 27 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty Sari Alamuddin as pro hac cnsl for Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 26 DESIGNATION OF LOCAL COUNSEL Thomas Kummer named lcl cnsl for pro hac atty Jackson #25 obo Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 25 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty Charles Jackson as pro hac cnsl for Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 24 DESIGNATION OF LOCAL COUNSEL Thomas Kummer named lcl cnsl for pro hac atty Gost #23 obo Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 23 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty Kimberly Gost as pro hac cnsl for Ds. cps dis (ra) (Entered: 01/09/2006)
June 20, 2005 Filing 22 MOTION TO DISMISS Mtn to transfer venue w/memo in supt obo Ds. (m) (DISPO: oppo #59, stip #62, reply #65, (ra) (Entered: 01/09/2006)
May 17, 2005 Filing 21 AMENDED COMPLAINT 2nd amnd'd class actn cmplt obo Ps. (m) (ra) (Entered: 01/06/2006)
May 17, 2005 Opinion or Order Filing 20 ORDER ON STIPULATION ORD: Stip re: waiver of svc, amndmnt of cmplt & time to rspnd. cps dis (see doc) (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 19 DESIGNATION OF LOCAL COUNSEL William Urga named lcl cnsl for pro hac atty McGowan #18 obo D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 18 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty John J. McGowan as pro hac cnsl for D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 17 DESIGNATION OF LOCAL COUNSEL William Urga named lcl cnsl for pro hac atty Moorhead #16 obo D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 16 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty John B. Moorhead as pro hac cnsl for D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 15 DESIGNATION OF LOCAL COUNSEL William Urga named lcl cnsl for pro hac atty Enockson #14 obo D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 28, 2005 Filing 14 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to atty Paul S. Enockson as pro hac cnsl for D Gary Tharaldson. cps dis (ra) (Entered: 01/06/2006)
April 14, 2005 Filing 13 AMENDED COMPLAINT Amnd'd class actn cmplt obo Ps. (m) (ra) (Entered: 01/06/2006)
March 25, 2005 Opinion or Order Filing 12 ORDER ON STIPULATION ORD: The ESOP Committee Ds acknowledge receipt of cpy of cmplt as if they were srv'd pursuant to Rule 4. (see doc). cps dis (ra) (Entered: 01/06/2006)
March 16, 2005 Filing 11 NOTICE (OTHER) Notc of entry of ord #8 obo P. (m) (ra) (Entered: 01/06/2006)
March 9, 2005 Filing 10 CERTIFICATE OF INTERESTED PARTIES obo P. (m) (cpy to KJD & RJJ) (ra) (Entered: 01/06/2006)
March 8, 2005 Filing 9 CERTIFICATE OF INTERESTED PARTIES obo P. (m) (cpy to KJD & RJJ) (ra) (Entered: 01/06/2006)
March 8, 2005 Opinion or Order Filing 8 ORDER ON STIPULATION ORD: D agrees to waiver of svc of process; FUR ORD: P may amnd cmplt & Ds will waive svc of amnd'd cmplt. cps dis (see doc) (ra) (Entered: 01/06/2006)
February 28, 2005 Opinion or Order Filing 7 ORDER ORD: Ps CiP due 10 days. cps dis (ra) (Entered: 01/06/2006)
February 24, 2005 Filing 6 DESIGNATION OF LOCAL COUNSEL G. Mark Albright named lcl cnsl for pro hac atty Machiz #5 obo P. cps dis (m) (Entered: 01/06/2006)
February 24, 2005 Filing 5 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to Mark Machiz as pro hac cnsl for P. cps dis (ra) (Entered: 01/06/2006)
February 11, 2005 Filing 4 DESIGNATION OF LOCAL COUNSEL G. Mark Albright named lcl cnsl for pro hac atty Barton #3 obo P. cps dis (m) (ra) (Entered: 01/06/2006)
February 11, 2005 Filing 3 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE as to R. Joseph Barton as pro hac cnsl for P. cps dis (ra) (Entered: 01/06/2006)
January 31, 2005 Opinion or Order Filing 2 ORDER ORD: Ps CiP due 10 days. cps dis (ra) (Entered: 01/06/2006)
December 30, 2004 Filing 1 COMPLAINT Class actn cmplt obo P. (Attachments: # 1 Docket sheet USDC NV)(ra) (Entered: 01/06/2006)
December 29, 2004 12/29/2005 Case transfered from USDC NV, See Order #69 . Docketsheet from NV attached to Complaint #1 . Docket enteries 1-70 were filed in USDC NV, copied to this file. New case number assigned upon transfer to ND. Docket entry 71 starts active filings in ND case. (ra)

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Plaintiff: Donald Klain
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Larry Richman
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Alton L. Gwaltney, III
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Don Klain
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Gayle Herbert
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Charles Berryhill
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Jeremy Jackey
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Michael Webster
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Alton L. Gwaltney, III
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Chuck LeBlanc
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Carlos Gonzales
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Jolene Matheson-Godschalk
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Sidney Lien
Represented By: David J. Ko
Represented By: Gary D. Greenwald
Represented By: Gary A. Gotto
Represented By: Derek W. Loeser
Represented By: Ron Kilgard
Represented By: Lynn L. Sarko
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Plaintiff: Donna Walker
Represented By: David J. Ko
Represented By: Whitney R. Case
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Alton L. Gwaltney, III
Represented By: R. Joseph Barton
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Plaintiff: Raymond Hans
Represented By: Whitney R. Case
Represented By: Gary D. Greenwald
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Gary A. Gotto
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Marc I. Machiz
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Defendant: Darwin Braunagel
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Defendant: Roger Tharaldson
Represented By: Robert B. Stock
Represented By: Steven J. Sacher
Represented By: Mary L. Knoblauch
Represented By: Vincent D. Louwagie
Represented By: Cindy Hanson
Represented By: Sidney J. Spaeth
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Raymond Braun
Represented By: Robert B. Stock
Represented By: Steven J. Sacher
Represented By: Cindy Hanson
Represented By: Sidney J. Spaeth
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Connie Tharaldson
Represented By: Michael D. Spencer
Represented By: Robert B. Stock
Represented By: Robert W. Rachal
Represented By: Mary L. Knoblauch
Represented By: Charles F. Seemann, III
Represented By: Howard Shapiro
Represented By: Vincent D. Louwagie
Represented By: Sidney J. Spaeth
Represented By: John J. McGowan, Jr.
Represented By: John B. Moorhead
Represented By: Paul S. Enockson
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Mark Knutson
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Defendant: Annette Croves
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Defendant: Anne McElroy
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Defendant: Aimee Fyke
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Defendant: James Lochow
Represented By: Robert B. Stock
Represented By: Steven J. Sacher
Represented By: Mary L. Knoblauch
Represented By: Vincent D. Louwagie
Represented By: Cindy Hanson
Represented By: Sidney J. Spaeth
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Tharaldson Motels, Inc. ESOP
Represented By: Benjamin P. Fryer
Represented By: Eric S. Waxman
Represented By: Peter B. Morrison
Represented By: Eric Waxman
Represented By: Alton L. Gwaltney, III
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Defendant: Tom Schneider
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Defendant: South Dakota Trust Company, LLC
Represented By: Robert B. Stock
Represented By: Steven J. Sacher
Represented By: Mary L. Knoblauch
Represented By: Vincent D. Louwagie
Represented By: Cindy Hanson
Represented By: Sidney J. Spaeth
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Gary D. Tharaldson
Represented By: Michael D. Spencer
Represented By: Robert B. Stock
Represented By: Robert W. Rachal
Represented By: Mary L. Knoblauch
Represented By: Charles F. Seemann, III
Represented By: Howard Shapiro
Represented By: Vincent D. Louwagie
Represented By: Sidney J. Spaeth
Represented By: John J. McGowan, Jr.
Represented By: John B. Moorhead
Represented By: Paul S. Enockson
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Defendant: Linda Tharaldson
Represented By: Robert B. Stock
Represented By: Steven J. Sacher
Represented By: Mary L. Knoblauch
Represented By: Vincent D. Louwagie
Represented By: Cindy Hanson
Represented By: Sidney J. Spaeth
Represented By: Michael S. Raum
Represented By: Wayne W. Carlson
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Intervenor: Department of Labor
Represented By: Peter B. Dolan
Represented By: Glenn M. Loos
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Intervenor: North Star Trust Co.
Represented By: Benjamin P. Fryer
Represented By: Mark A. Nebrig
Represented By: Gary A. Gotto
Represented By: Peter B. Morrison
Represented By: Alton L. Gwaltney, III
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