Hans et al v. Tharaldson et al
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 |
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 |
Department of Labor and North Star Trust Co. |
3:2005cv00115 |
December 29, 2005 |
US District Court for the District of North Dakota |
Southeastern Office |
Ralph R Erickson |
Karen K Klein |
Labor: E.R.I.S.A. |
29 U.S.C. § 1001 |
Both |
Docket Report
This docket was last retrieved on August 27, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 790 Receipt for Return of Defendant's Exhibits. (as) |
Filing 789 Receipt for Return of Plaintiff's Exhibits. (as) |
Filing 788 NOTICE OF RETURN OF EXHIBITS (as) |
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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) |
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) |
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) |
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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) |
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) |
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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) |
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) |
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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) |
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) |
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) |
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) |
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) |
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DOCKET CORRECTION re: #770 Notice. Clerk's office added links to #748 Notice of Settlement and #755 Motion to Amend. (lh) |
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). |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 763 MOTION to Approve of the Payment of Certain Administrative Expenses Under the Settlement Agreement by Tharaldson Motels, Inc. ESOP. (lh) |
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). |
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) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
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Filing 750 MOTION to Continue Unopposed Motion to Continue Fairness Hearing on Class Action Settlement by Gary D. Tharaldson. (Rachal, Robert) |
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DOCKET CORRECTION re: #748 NOTICE of Settlement. Clerk's office added descriptions to exhibits. (as) |
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) |
Filing 747 NOTICE by Donald Klain of Voluntary Withdrawal as Class Representative (Ko, David) |
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) |
Filing 745 AMENDED COMPLAINT (FIFTH) against Gary D. Tharaldson filed by Jolene Matheson-Godschalk, Sidney Lien, Carlos Gonzales.(am) |
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) |
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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) |
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). |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
Filing 730 NOTICE by Gary D. Tharaldson Notice of Withdrawal of Appearance (Stock, Robert) |
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) |
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) |
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) |
DOCKET CORRECTION re: #725 MOTION in Limine and #726 MEMORANDUM in Support. Modified entries to remove incorrect filer (Connie Tharaldson). (am) |
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). |
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). |
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). |
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) |
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). |
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). |
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) |
Filing 721 NOTICE OF FILING OF TRANSCRIPT (Pretrial Conference) (kk) |
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) |
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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) |
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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) |
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) |
Filing 714 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 1/23/2012. (jo) |
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) |
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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) |
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) |
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) |
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) |
USCA Appeal Fees received $455 receipt number 312000107 re #707 Notice of Interlocutory Appeal filed by North Star Trust Co. (lc) |
Filing 708 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #707 Notice of Interlocutory Appeal. (lc) |
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) |
Filing 705 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #704 Notice of Interlocutory Appeal. (lc) |
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) |
Filing 703 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #702 Notice of Interlocutory Appeal. (lc) |
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) |
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) |
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) |
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) |
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). |
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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) |
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) |
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) |
Filing 695 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Pretrial Conference held on 10/31/2011. (Court Reporter kk) (sg) |
Deadlines and Hearings terminated: Status Conference/Pretrial Conference held on 10/31/11 - trial continued (sg) |
Filing 694 AMENDED JUDGMENT: Dismissing all defendants other than Gary Tharaldson. (lc) |
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Filing 691 JUDGMENT is entered against all defendants other than Gary Tharaldson.(lc) |
Filing 690 SEALED Memorandum Opinion and Order referenced in #689 Order on Motions for Summary Judgment.(SH) |
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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) |
Filing 685 MOTION to Withdraw as Attorney by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
DOCKET CORRECTION re: #669 (Supplement). Clerk's Office linked pleading to defendants' pending Daubert Motions at #605 , #608 , #610 , #612 , #614 , and #616 . (lf) |
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). |
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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) |
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) |
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DOCKET CORRECTION re: #654 Reply to Response to Motion and #662 Supplement. Clerk's office added more complete descriptions to attachments. (lc) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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) |
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). |
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) |
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). |
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) |
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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) |
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) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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). |
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) |
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) |
Filing 632 RESPONSE to Motion re #614 MOTION (Daubert) to Exclude Testimony of Gross filed by North Star Trust Co.. (Gwaltney, Alton) |
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) |
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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) |
DOCKET CORRECTION re: #627 Memorandum in Support. Clerk's office added descriptions to attachments. (lc) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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Filing 603 CERTIFICATE OF SERVICE by Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk re #602 Reply to Response to Motion, (Greenwald, Gary) |
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). |
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) |
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) |
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). |
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) |
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) |
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). |
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) |
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). |
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). |
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) |
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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) |
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). |
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). |
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). |
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) |
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). |
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). |
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). |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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. |
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) |
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) |
Filing 571 MEMORANDUM in Support re #569 MOTION for Summary Judgment (Redacted Version) filed by Gary D. Tharaldson. (Rachal, Robert) |
Filing 570 MOTION for Hearing re #569 MOTION for Summary Judgment by Gary D. Tharaldson. (Rachal, Robert) |
Filing 569 MOTION for Summary Judgment by Gary D. Tharaldson. (Rachal, Robert) Modified on 4/12/2011 to remove incorrect filers. (lc) |
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) |
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) |
Filing 566 CLERK'S JUDGMENT. Charles Berryhill is terminated as class representative and dismissed from this case.(lf) |
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) |
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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) |
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Filing 561 MOTION for Summary Judgment by Raymond Braun, James Lochow, South Dakota Trust Company, LLC, Connie Tharaldson, Linda Tharaldson, Roger Tharaldson. (Stock, Robert) |
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). |
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). |
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) |
Filing 557 MOTION for Partial Summary Judgment (Redacted Version) by North Star Trust Co.. (Gwaltney, Alton) |
Filing 556 NOTICE of Voluntary Dismissal by Charles Berryhill, Carlos Gonzales, Donald Klain, Sidney Lien, Jolene Matheson-Godschalk (Ko, David) |
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Filing 553 STIPULATION On Discovery Related To Current Employee Class Representatives by Connie Tharaldson, Gary D. Tharaldson. (Seemann, Charles) |
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) |
DOCKET CORRECTION re: #551 Response to Motion. Clerk's office added exhibit letters to attachment descriptions. (lh) |
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). |
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) |
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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) |
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) |
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) |
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) |
Filing 546 MOTION to Amend/Correct #502 Scheduling Order, by Connie Tharaldson, Gary D. Tharaldson. (Spencer, Michael) |
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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) |
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) |
Filing 542 NOTICE OF FILING OF TRANSCRIPT (STATUS CONFERENCE) (kk) |
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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) |
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) |
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) |
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) |
Filing 536 NOTICE OF FILING OF TRANSCRIPT (MTN TO EXTEND DEADLINE) (kk) |
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) |
DOCKET CORRECTION re: RESPONSE #532 Clerk's Office added description to Exhibit 1 (jo) |
Filing 534 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Telephone Conference held on 11/24/2010. (Court Reporter kk) (sg) |
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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) |
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). |
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) |
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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). |
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) |
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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) |
Filing 526 RESPONSE to Motion re #523 MOTION to Appoint Counsel and Appoint Class Representatives filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
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) |
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) |
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) |
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). |
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). |
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). |
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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) |
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) |
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) |
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) |
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) |
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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) |
Case Stayed pursuant to Order at document #515 . (lf) |
Filing 516 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Status Conference held on 8/30/2010. (Court Reporter kk) (sg) |
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) |
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Filing 511 NOTICE of Change of Address by Julia Campins (Campins, Julia) |
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) |
Filing 509 NOTICE OF FILING OF TRANSCRIPT (ORDER TO SHOW CAUSE) (kk) |
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) |
Filing 507 NOTICE OF FILING OF TRANSCRIPT (In-chambers Telephonic Motion to Compel held 6/23/10) (kk) |
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) |
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) |
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) |
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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) |
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) |
Filing 498 MOTION to Amend/Correct 439 Order, Relating to Equitable Discovery by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
Filing 497 MOTION for Hearing re #459 MOTION to substitute class representation by Roy Blassingame. (Campins, Julia) |
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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) |
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). |
Filing 494 AFFIDAVIT Supplemental Declaration by Roy Blassingame. (Brandborg, Ross) |
Filing 493 REPLY to Response to Motion re #459 MOTION to substitute class representation filed by Roy Blassingame. (Brandborg, Ross) |
Filing 492 REPLY to Response to Motion re #459 MOTION to substitute class representation filed by Roy Blassingame. (Brandborg, Ross) |
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DOCKET CORRECTION re #483 Response to Motion -(jo) Document refiled #491 Modified on 7/7/2010 (jo). |
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) |
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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). |
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) |
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) |
Filing 491 EXHIBIT E-Supplemental Declaration of Sid Lien to docket #479 Response to Motion by Tharaldson Motels, Inc. ESOP.. (jo) |
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). |
Filing 482 RESPONSE to Motion re #459 MOTION to substitute class representation filed by Connie Tharaldson, Gary D. Tharaldson. (Rachal, Robert) |
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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) |
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) |
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) |
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) |
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) |
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) |
Filing 477 RESPONSE to Motion re #459 MOTION to substitute class representation filed by North Star Trust Co. (contained within pleading at #476 ) (lf) |
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) |
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) |
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) |
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) |
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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) |
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Filing 466 MOTION for Leave to Appear Pro Hac Vice Attorney: Julia Campins by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc) |
Filing 465 MOTION for Leave to Appear Pro Hac Vice Attorney: Daniel M. Feinberg by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc) |
Filing 464 MOTION for Leave to Appear Pro Hac Vice Attorney: Jeffrey G. Lewis by Interested Party Roy Blassingame. (Receipt No.: FA001919) (lc) |
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) |
Filing 462 AFFIDAVIT Julia Campins re #460 MEMORANDUM in Support by Roy Blassingame. (Brandborg, Ross) |
Filing 461 AFFIDAVIT Daniel Feinberg re #460 MEMORANDUM in Support by Roy Blassingame. (Brandborg, Ross) |
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) |
Filing 459 MOTION to substitute class representation by Roy Blassingame. (Brandborg, Ross) Modified on 6/4/2010 to correct docket text typo. (lc) |
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) |
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) |
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) |
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) |
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) |
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Filing 451 STIPULATION On Expert-Related Discovery by Plaintiffs (Barton, R. Joseph) Modified on 5/27/2010 to correct filers of Stipulation (lf). |
Filing 450 STIPULATION Consent Motion for Revised Scheduling Order by North Star Trust Co.. (Gwaltney, Alton) |
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) |
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) |
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) |
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) |
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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) |
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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) |
Filing 441 MOTION for Leave to Appear Pro Hac Vice Attorney: Michael D. Spencer filed by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(lc) |
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) |
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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) |
Filing 437 CERTIFICATE OF SERVICE by Gary D. Tharaldson, Linda Tharaldson re #436 Stipulation Joint Motion for Revised Scheduling Order (Raum, Michael) |
Filing 436 STIPULATION Joint Motion for Revised Scheduling Order by Gary D. Tharaldson, Linda Tharaldson. (Raum, Michael) |
Filing 435 MOTION to Substitute Attorney by Connie Tharaldson, Gary D. Tharaldson. (Raum, Michael) |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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). |
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). |
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) |
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). |
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) |
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) |
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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) |
Filing 410 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 1/15/2010. (jo) |
Filing 409 NOTICE by North Star Trust Co. - Withdrawal Without Prejudice of Motion to Intervene (Gwaltney, Alton) |
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Filing 407 MOTION for Leave to Appear Pro Hac Vice Attorney: Robert W. Rachal by Gary D. Tharaldson. (Filing fee $150; Receipt #FA001685) (lc) |
Filing 406 MOTION for Leave to Appear Pro Hac Vice Attorney: Howard Shapiro by Gary D. Tharaldson. (Filing fee $150; Receipt #FA001685) (lc) |
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) |
Filing 404 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 12/15/2009. (jo) |
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) |
Filing 402 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 11/17/2009. (jo) |
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) |
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) |
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) |
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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) |
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) |
Filing 395 MOTION for Leave to Appear Pro Hac Vice Attorney: Benjamin Fryer by Tharaldson Motels, Inc. ESOP, North Star Trust Co. (lf) |
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) |
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) |
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). |
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). |
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). |
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Filing 389 MOTION to Continue Hearing and for Emergency Telephonic Scheduling Conference by North Star Trust Co.. (Gwaltney, Alton) |
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) |
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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) |
Filing 384 PRETRIAL MEMORANDUM by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit 5-Declaration of Robert Reilly)(Enockson, Paul) |
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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) |
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Filing 379 SEALED DOCUMENT Declaration of Alton L. Gwaltney, III (unredacted version) by North Star Trust Co.. (Gwaltney, Alton) |
Filing 378 SEALED DOCUMENT Declaration of Richard Larson (unredacted version) by North Star Trust Co.. (Gwaltney, Alton) |
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) |
Filing 376 SEALED DOCUMENT Declaration of John G. Hommel (unredacted version) by North Star Trust Co.. (Gwaltney, Alton) |
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) |
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) |
Filing 373 AFFIDAVIT /Declaration of Alton L. Gwaltney, III (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton) |
Filing 372 AFFIDAVIT /Declaration of Richard Larson (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton) |
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) |
Filing 370 AFFIDAVIT /Declaration of John G. Hommel (redacted version) re #369 MEMORANDUM in Support by North Star Trust Co.. (Gwaltney, Alton) |
Filing 369 MEMORANDUM in Support re #264 MOTION to Intervene and Proposed Stipulated Settlement (Redacted version) filed by North Star Trust Co.. (Gwaltney, Alton) |
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) |
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) |
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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). |
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) |
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). |
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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) |
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) |
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) |
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). |
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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) |
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) |
Filing 355 MOTION to Intervene, MOTION to Amend/Correct #68 Order by Department of Labor. (rm) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
Filing 345 Minute Entry for proceedings held before Judge Ralph R. Erickson: Status Conference held on 3/6/2009. (Court Reporter BC) (sg) |
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) |
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Filing 342 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Early Settlement Conference held on 3/5/2009. (lh) |
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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). |
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) |
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) |
DOCKET CORRECTION re: #340 Memorandum in Support. Clerk's Office added thorough descriptions to attachments. (lf) |
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) |
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) |
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) |
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) |
Filing 333 REPLY to Response to Motion re #264 MOTION to Intervene filed by North Star Trust Co.. (Gwaltney, Alton) |
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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) |
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DOCKET CORRECTION re #325 Response to Motion. Wrong event selected; Re-filed using the correct event "Amended Document" at #329 . (lc) |
Filing 328 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster re #327 Stipulation (Rinaldi, Bruce) |
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) |
Filing 329 AMENDED DOCUMENT by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster. Amendment to #323 Response to Motion. (lc) |
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) |
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) |
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) |
Filing 324 CERTIFICATE OF SERVICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster MEMORANDUM IN OPPOSITION (Machiz, Marc) |
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) |
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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) |
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) |
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) |
Filing 318 BRIEF Letter Brief by Connie Tharaldson, Gary D. Tharaldson. (Moorhead, John) |
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) |
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) |
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) |
Filing 314 NOTICE OF FILING OF TRANSCRIPTS (kk) |
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) |
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Filing 311 MOTION for Extension of Time to File Closing Arguments by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul) |
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) |
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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) |
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) |
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) |
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). |
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) |
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) |
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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) |
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) |
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) |
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Filing 296 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman. (fee paid)(td) |
Filing 295 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter B. Morrison. (fee paid) (td) |
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) |
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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) |
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). |
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). |
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) |
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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) |
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) |
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Filing 283 MEMORANDUM in Support re #282 MOTION for Leave to File SUPPLEMENTAL BRIEF filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
Filing 282 MOTION for Leave to File SUPPLEMENTAL BRIEF by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
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Filing 280 MOTION for Leave to Appear Pro Hac Vice Attorney: Mark A. Nebrig filed by North Star Trust Co. (lc) |
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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) |
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) |
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) |
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) |
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) |
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) |
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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) |
Filing 270 MOTION to Stay re #267 MOTION to Stay by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
Filing 268 MEMORANDUM in Support re #267 MOTION to Stay filed by North Star Trust Co.. (Gwaltney, Alton) |
Filing 267 MOTION to Stay by North Star Trust Co.. (Gwaltney, Alton) |
Filing 266 NOTICE by North Star Trust Co. re #264 MOTION to Intervene - Notice of Filing of Declaration of John G. Hommel (Gwaltney, Alton) |
Filing 265 MEMORANDUM in Support re #264 MOTION to Intervene filed by North Star Trust Co.. (Gwaltney, Alton) |
Filing 264 MOTION to Intervene by North Star Trust Co.. (Attachments: #1 Exhibit 1 - Intervenor Complaint)(Gwaltney, Alton) |
Filing 263 NOTICE by Gayle Herbert, Jeremy Jackey, Donna Walker, Michael Webster Notice of Change of Firm Name (Rinaldi, Bruce) |
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) |
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Filing 260 SEALED DOCUMENT re #259 Affidavit of Andrew Holly by Ernst & Young LLP. (jo) |
Filing 259 AFFIDAVIT of Andrew Holly re #258 Response to Motion by Ernst & Young LLP. (jo) |
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) |
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) |
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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) |
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) |
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) |
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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) |
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) |
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) |
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) |
Filing 247 NOTICE of Change of Address by R. Joseph Barton (Attachments: #1 Certificate of Service)(Barton, R. Joseph) |
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) |
Filing 245 NOTICE OF FILING OF TRANSCRIPT (kk) |
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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
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) |
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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). |
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) |
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) |
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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) |
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) |
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). |
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) |
Filing 225 RESPONSE to Motion re #176 MOTION to Certify Class filed by Connie Tharaldson, Gary D. Tharaldson. (Enockson, Paul) |
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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) |
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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) |
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) |
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) |
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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) |
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) |
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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) |
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Filing 212 SUPPLEMENT to document: #211 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter Morrison filed by Tharaldson Motels, Inc. ESOP. (lc) |
Filing 211 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter Morrison filed by Tharaldson Motels, Inc. ESOP. (lc) |
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) |
Filing 209 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman by Tharaldson Motels, Inc. ESOP. (lc) |
DOCKET ANNOTATION re: #208 Memorandum in Support of motion. Added descriptions to attachments to this entry. (sb) |
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) |
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) |
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) |
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). |
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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) |
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) |
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) |
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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) |
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) |
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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) |
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) |
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) |
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) |
Filing 192 MOTION for Reconsideration re #159 Order on Motion to Dismiss by Raymond Hans, Chuck LeBlanc, Larry Richman. (Rinaldi, Bruce) |
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) |
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) |
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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) |
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Filing 185 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Scheduling Conference held on 1/16/2008. (jo) |
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) |
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) |
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) |
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) |
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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) |
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) |
Filing 178 CERTIFICATE OF SERVICE by Gayle Herbert, Donna Walker, Michael Webster re #177 MEMORANDUM in Support,, #176 MOTION to Certify Class (Rinaldi, Bruce) |
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) |
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) |
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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) |
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) |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 162 MOTION to Bifurcate and Stay of Discovery and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney) |
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) |
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). |
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Filing 158 BRIEF re #156 Supplement, Response to, by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit A#2 Exhibit B)(Spaeth, Sidney) |
Filing 157 E-Filing Modification Request re the Exhibits attached to #156 Supplement. (lf) |
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). |
Filing 155 TRANSCRIPT of Motion to Dismiss held on April 4, 2007 before Judge Erickson. Court Reporter: BC. (bc) |
Filing 154 BRIEF re #152 Supplement,,, Reply Letter Brief by Connie Tharaldson, Gary D. Tharaldson. (Attachments: #1 Exhibit Attachment re: Guidant)(Spaeth, Sidney) |
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) |
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) |
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) |
Filing 150 BRIEF Letter from John J. McGowan, Jr. by Connie Tharaldson, Gary D. Tharaldson. (Spaeth, Sidney) |
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) |
Filing 148 Letter from Bruce Rinaldi (Attachments: #1 Exhibit Certificate of Participation#2 Exhibit Letter to Phyllis Herbert#3 Exhibit Distribution Policy) (sg) |
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) |
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) |
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). |
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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) |
Filing 142 MOTION for Leave to Appear Pro Hac Vice Attorney: John J. McGowan, Jr. by Connie Tharaldson and Gary D. Tharaldson. (lc) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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Filing 131 NOTICE by James Lochow, Linda Tharaldson, Roger Tharaldson, Raymond Braun, South Dakota Trust Company, LLC of Substitution of Local Counsel (Spaeth, Sidney) |
Filing 130 NOTICE by Connie Tharaldson, Gary D. Tharaldson of Substitution of Local Counsel (Spaeth, Sidney) |
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). |
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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) |
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). |
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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) |
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) |
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) |
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). |
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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) |
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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) |
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) |
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) |
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) |
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). |
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) |
Filing 112 MOTION for Hearing re #104 MOTION to Dismiss and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne) |
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) |
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) |
Filing 109 SEALED DOCUMENT re #95 Amended Complaint by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne) |
Filing 108 ANSWER to Amended Complaint Fourth Amended (Gary Tharaldson) by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne) |
Filing 107 ANSWER to Amended Complaint Fourth Amended by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne) |
Filing 106 ANSWER to Amended Complaint (Connie Tharaldson) by Connie Tharaldson, Gary D. Tharaldson.(Carlson, Wayne) |
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) |
Filing 104 MOTION to Dismiss and Application for Oral Argument by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne) |
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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) |
Filing 100 Minute Entry for Status Conference held before Judge Karen K. Klein on 5/23/2006. (td) |
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) |
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) |
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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) |
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) |
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) |
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) |
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DOCKET ANNOTATION: Added additional filers to docket text at response brief #90 . (lc) |
Filing 91 RESPONSE to Motion re #86 MOTION for Leave to File Third Amended Complaint filed by Connie Tharaldson, Gary D. Tharaldson. (Carlson, Wayne) |
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). |
Filing 89 SEALED DOCUMENT by Raymond Hans. (Baker, Alan) |
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) |
Filing 87 MEMORANDUM in Support re #86 MOTION for Leave to File filed by Plaintiffs Raymond Hans, Chuck LeBlanc, and Larry Richman. (lf) |
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) |
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) |
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Filing 83 MOTION for Leave to Appear PHV by attorney Whitney Case filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc) |
Filing 82 MOTION for Leave to Appear PHV by attorney Marc Machiz filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc) |
Filing 81 MOTION for Leave to Appear PHV by attorney R. Joseph Barton filed by plaintiffs. (Attachments: #1 Text of Proposed Order)(lc) |
Filing 80 NOTICE of Appearance by Stacey Elizabeth Tjon, Alan Baker on behalf of all plaintiffs (td, ) |
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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) |
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) |
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) |
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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) |
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) |
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) |
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) |
Docket entries that precede #71 were filed in USDC NV prior to tranfer to USDC ND. (ra) |
Filing 70 TRANSMITTAL action is transferred to District of North Dakata re 69 Order on Motion to Transfer. (MJZ) (ra) (Entered: 01/09/2006) |
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Filing 67 REPLY TO RESPONSE TO MOTION Reply to mtn to dsmss #56. obo Ds (s) Oral arg requested (ra) (Entered: 01/09/2006) |
Filing 66 REPLY TO RESPONSE TO MOTION Reply to mtn to strike #58 obo P. (s) (ra) (Entered: 01/09/2006) |
Filing 65 REPLY TO RESPONSE TO MOTION Reply to oppo to mtn to transfer venue #22. (s) (ra) (Entered: 01/09/2006) |
Filing 64 RESPONSE IN OPPOSITION TO MOTION Oppo to mtn to strike #58. Obo Ds. (s) (ra) (Entered: 01/09/2006) |
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Filing 62 MEMORANDUM To oppo #59 to mtn to dsmss #56. Obo Ps. (s) (ra) (Entered: 01/09/2006) |
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Filing 59 RESPONSE IN OPPOSITION TO MOTION Oppo to mtn to transfer venue (oral arg request) (s) (filed seperate) (ra) (Entered: 01/09/2006) |
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) |
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) |
Filing 57 NOTICE (OTHER) Ntc of original declaration of Roger Tharaldson. obo Ds (s) (ra) (Entered: 01/09/2006) |
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) |
Filing 55 DESIGNATION OF LOCAL COUNSEL Bill Urga local for Steven Sacher. Obo D. (ra) (Entered: 01/09/2006) |
Filing 54 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE Steven Sacher obo D. (ra) (Entered: 01/09/2006) |
Filing 53 DESIGNATION OF LOCAL COUNSEL Bill Urga local for Cindy Hanson. obo D. (ra) (Entered: 01/09/2006) |
Filing 52 VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE Cindy Hanson Obo D. (ra) (Entered: 01/09/2006) |
Filing 51 CERTIFICATE OF INTERESTED PARTIES Supplemental CiP Obo Ds,Tharaldson's. (s) (cps KJD-RJJ) (ra) (Entered: 01/09/2006) |
Filing 50 CERTIFICATE OF SERVICE Obo D Tharaldson. (s) (ra) (Entered: 01/09/2006) |
Filing 49 CERTIFICATE OF INTERESTED PARTIES Obo Ds. Gary and Connie Tharaldson (ra) (Entered: 01/09/2006) |
Filing 48 CERTIFICATE OF INTERESTED PARTIES Obo D. (ra) (Entered: 01/09/2006) |
Filing 47 MISCELLANEOUS DOCUMENT Errata to answer #36 obo Ds. (m) (ra) (Entered: 01/09/2006) |
Filing 46 MISCELLANEOUS DOCUMENT Errata to answer #33 obo Ds. (m) (ra) (Entered: 01/09/2006) |
Filing 45 MISCELLANEOUS DOCUMENT Errata to answer #32 obo Ds. (m) (ra) (Entered: 01/09/2006) |
Filing 44 MISCELLANEOUS DOCUMENT Errata to answer #31 obo Ds. (m) (ra) (Entered: 01/09/2006) |
Filing 43 MISCELLANEOUS DOCUMENT To Tom Schneiders answer #35 to 2nd amndd complaint. (m) (ra) (Entered: 01/09/2006) |
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Filing 41 CERTIFICATE OF SERVICE Obo D (m) (ra) (Entered: 01/09/2006) |
Filing 40 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006) |
Filing 39 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006) |
Filing 38 CERTIFICATE OF SERVICE obo Ds (m) (ra) (Entered: 01/09/2006) |
Filing 37 CERTIFICATE OF SERVICE Obo Ds (ra) (Entered: 01/09/2006) |
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) |
Filing 35 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Tom Schneider. (nss) (ra) (Entered: 01/09/2006) |
Filing 34 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Darwin Braunagel. (nss) (ra) (Entered: 01/09/2006) |
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) |
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) |
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) |
Filing 30 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Gary Tharaldson. (nss) (ra) (Entered: 01/09/2006) |
Filing 29 ANSWER TO COMPLAINT Answr to 2nd amnd'd class actn cmplt obo D Connie Tharaldson. (nss) (ra) (Entered: 01/09/2006) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 21 AMENDED COMPLAINT 2nd amnd'd class actn cmplt obo Ps. (m) (ra) (Entered: 01/06/2006) |
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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) |
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) |
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) |
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) |
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) |
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) |
Filing 13 AMENDED COMPLAINT Amnd'd class actn cmplt obo Ps. (m) (ra) (Entered: 01/06/2006) |
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Filing 11 NOTICE (OTHER) Notc of entry of ord #8 obo P. (m) (ra) (Entered: 01/06/2006) |
Filing 10 CERTIFICATE OF INTERESTED PARTIES obo P. (m) (cpy to KJD & RJJ) (ra) (Entered: 01/06/2006) |
Filing 9 CERTIFICATE OF INTERESTED PARTIES obo P. (m) (cpy to KJD & RJJ) (ra) (Entered: 01/06/2006) |
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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) |
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) |
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) |
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) |
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Filing 1 COMPLAINT Class actn cmplt obo P. (Attachments: # 1 Docket sheet USDC NV)(ra) (Entered: 01/06/2006) |
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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