Hoffman et al v. Tharaldson Motels Inc. Employee Stock Ownership Plan et al
Plaintiff: Richard Hoffman and Dean Manternach
Defendant: Dale Beling, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Douglas Dobmeier, Richard D. Larson, Gary D. Tharaldson, Tharaldson Motels Inc. Employee Stock Ownership Plan and Neil Larson
Case Number: 3:2008cv00109
Filed: November 10, 2008
Court: US District Court for the District of North Dakota
Office: Labor: E.R.I.S.A. Office
County: Stutsman
Presiding Judge: Ralph R Erickson
Referring Judge: Karen K Klein
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2010 Filing 80 CLERK'S JUDGMENT in favor of The ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, Tharaldson Motels Inc. Employee Stock Ownership Plan, Dale Beling, Douglas Dobmeier, Gary D. Tharaldson, Neil Larson, Richard D. Larson against Dean Manternach, Richard Hoffman (lh) Modified on 3/2/2010 to remove docket text "by Chief Judge Ralph R. Erickson" as judgment was entered by clerk (lh).
February 26, 2010 Opinion or Order Filing 79 ORDER by Chief Judge Ralph R. Erickson granting #28 Motion to Dismiss; granting #30 Motion to Dismiss; and finding as moot #46 Motion for Preliminary Injunction and #71 Motion for Hearing on Motion for Preliminary Injunction. This case is DISMISSED with prejudice. (SH)
February 25, 2010 DOCKET CORRECTION re: Document #78 (Motion to Appear Pro Hac Vice.) Pleading was filed without court fee. The Clerk's Office has restricted access to the Motion and will re-file the pleading upon receipt of the appropriate fee and background verification. (lf)
February 24, 2010 Opinion or Order Filing 77 ORDER EXTENDING DEADLINE TO MAKE ELECTIONS by Chief Judge Ralph R. Erickson. (SH)
February 19, 2010 Opinion or Order Filing 76 ORDER by Chief Judge Ralph R. Erickson deferring ruling on #71 Motion for Hearing on the Motion for Preliminary Injunction and granting #74 Motion for Leave to File Corrected Response Brief. (SH)
February 18, 2010 Filing 75 RESPONSE to Motion re #74 MOTION for Leave to File Corrected Response filed by Richard Hoffman, Dean Manternach. (Pope, John)
February 18, 2010 Filing 74 MOTION for Leave to File Corrected Response by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Exhibit Corrected Response)(Weals, Christopher)
February 17, 2010 Filing 73 REPLY to Response to Motion re #71 MOTION for Hearing re #46 MOTION for Preliminary Injunction - Request for Expedited Oral Argument (before February 28, 2010) filed by Richard Hoffman, Dean Manternach. (Pope, John)
February 16, 2010 Filing 72 RESPONSE to Motion re #71 MOTION for Hearing re #46 MOTION for Preliminary Injunction - Request for Expedited Oral Argument (before February 28, 2010) filed by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Weals, Christopher)
February 9, 2010 Filing 71 MOTION for Hearing re #46 MOTION for Preliminary Injunction - Request for Expedited Oral Argument (before February 28, 2010) by Richard Hoffman, Dean Manternach. (Pope, John)
December 22, 2009 Filing 70 BRIEF re #68 Brief,, (in reply to response filed to Plaintiffs' supplemental documents in support of Motion for Preliminary Injunction by Richard Hoffman, Dean Manternach. (Pope, John)
December 9, 2009 Filing 69 SUPPLEMENT to document: #46 MOTION for Preliminary Injunction filed by Richard Hoffman, Dean Manternach by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit J - Packet of informational materials distributed by TMI, #2 Exhibit K - Manternach information)(Pope, John)
December 9, 2009 DOCKET CORRECTION re: 67 Response to Motion. Wrong event selected; re-filed at #68 as a Brief in response to Plaintiffs' proposed supplemental documents which are not yet filed. Plaintiffs filed a motion for leave to file supplemental documents at #65 ; the court granted that motion at #66; however, the proposed documents have not yet been filed by Plaintiffs. (lh)
December 8, 2009 Filing 68 BRIEF (in response to Plaintiffs' supplemental documents #69 ) by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Supplemental Declaration of Annette Croves, #2 Exhibit A-7 to Supplement Declaration of Annette Croves: Distribution Policy)(lh) Modified on 12/10/2009 to add a link to the Supplemental Documents which have now been filed at #69 (lf).
December 4, 2009 Opinion or Order Filing 66 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #65 Motion for Leave to File Supplemental documents to pending Motion for Preliminary Injunction. (NJM)
December 3, 2009 Filing 65 MOTION for Leave to File Supplemental Submissions in Support of Plaintiffs' Motion for Preliminary Injunction by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit Proposed Ex. J - ESOP informational packet 2009, #2 Exhibit Proposed Ex. K - Manternach statement & explanation document)(Pope, John)
November 24, 2009 Filing 64 WITHDRAWAL of Motion by Richard Hoffman, Dean Manternach as to ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Dale Beling, Gary D. Tharaldson, Douglas Dobmeier, Richard D. Larson, Neil Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan re #53 MOTION to Expedite Discovery filed by Richard Hoffman, Dean Manternach. (Pope, John)
November 23, 2009 Opinion or Order Filing 63 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #62 Motion for Extension of Time to File Response. Response due by 11/30/2009. (NJM)
November 20, 2009 Filing 62 MOTION for Extension of Time to File Response/Reply as to #54 MEMORANDUM in Support, #53 MOTION to Expedite Discovery by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Exhibit Proposed Order)(Weals, Christopher)
November 16, 2009 Filing 61 REPLY to Response to Motion re #46 MOTION for Preliminary Injunction filed by Richard Hoffman, Dean Manternach. (Pope, John)
November 6, 2009 Filing 60 RESPONSE to Motion re #46 MOTION for Preliminary Injunction filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Declaration of Gary Tharaldson)(Enockson, Paul)
November 6, 2009 Filing 59 RESPONSE to Motion re #46 MOTION for Preliminary Injunction filed by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Exhibit A - Declaration of Annette Croves, #2 Exhibit A-1 - ESOP Plan Document, #3 Exhibit A-2 - 2002 Summary Plan Description, #4 Exhibit A-3 - 2005 Amendment to the ESOP, #5 Exhibit A-4 - 2006 Amendment to the ESOP, #6 Exhibit A-5 - Distribution Packet, #7 Exhibit A-6 - 2008 Summary Plan Description, #8 Exhibit B - November 2001 Technical Advice Memorandum, #9 Exhibit C - Federated Funds, Inc. Prime Obligations Fund Performance Data, #10 Exhibit D - Dow Jones Hotel Index Performance Data)(Jackson, Charles)
November 5, 2009 Filing 58 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Motion Hearing held on 11/5/2009 re #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted and #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT (Court Reporter KK) (td)
November 5, 2009 DOCKET CORRECTION re: #56 Objection. Multiple relief document filed as one relief. Clerk's Office filed Motion to Strike at 57 . (lc)
November 4, 2009 Filing 57 MOTION to Strike #55 Supplement filed by defendants Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. NOTE: DOCUMENT FILED AT #56 . (lc)
November 4, 2009 Filing 56 OBJECTION re #55 Supplement, Objection and Request to Strike Plaintiffs' Notice of Supplemental Authority Regarding Motions to Dismiss and Response to Defendants' Notices. (Attachments: #1 Certificate of Service)(Waxman, Eric)
November 4, 2009 Filing 55 SUPPLEMENT - Supplemental Authorities to document: #34 Response to Motion,, filed by Richard Hoffman, Dean Manternach by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit A - Conney v. Rossiter, #2 Exhibit B - Gregory v. Dillard's, #3 Exhibit C - North Star Indus. v. Merrill Lynch, #4 Exhibit D - Fowler v. UPMC Shadyside, #5 Exhibit E - George v. Duke Energy Ret. Cash Balance Plan, #6 Exhibit F - Panther Ptrs v. Ikanos Communics.)(Pope, John)
November 3, 2009 Filing 54 MEMORANDUM in Support re #53 MOTION to Expedite Discovery filed by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit Proposed Discovery Requests)(Pope, John)
November 3, 2009 Filing 53 MOTION to Expedite Discovery by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit Proposed Order)(Pope, John) (Attachment 1 replaced on 11/9/2009) (lh). Modified on 11/9/2009: proposed order was replaced with revised document which does not contain the court's /s/ signature; NEF regenerated to counsel (lh).
October 27, 2009 Opinion or Order Filing 52 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #51 Motion for Extension of Time to File Response. Response due by 11/6/2009. (NJM)
October 26, 2009 Filing 51 MOTION for Extension of Time to File Response/Reply as to #46 MOTION for Preliminary Injunction (Unopposed) by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Exhibit [Proposed] Order)(Jackson, Charles)
October 23, 2009 Opinion or Order Filing 50 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #48 Motion for Leave to Appear pro hac vice to attorney Charles C. Jackson; granting #49 Motion for Leave to Appear pro hac vice to attorney Christopher A. Weals. (NJM)
October 22, 2009 Filing 49 MOTION for Leave to Appear Pro Hac Vice Attorney: Christopher A. Weals filed by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Receipt #FA001595 for $150.00 PHV filing fee) (lc)
October 22, 2009 Filing 48 MOTION for Leave to Appear Pro Hac Vice Attorney: Charles C. Jackson filed by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Receipt #FA001594 for $150.00 PHV filing fee) (lc)
October 12, 2009 Filing 47 MEMORANDUM in Support re #46 MOTION for Preliminary Injunction filed by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit A - Excerpts from ESOP Plan document, #2 Exhibit B - Excerpts from Summary Plan Description, #3 Exhibit C - Resolution & Amendments adopted in 2005, #4 Exhibit D - Emails re promotion of 2005 Amendments, #5 Exhibit E- Emails regarding understanding of participants, #6 Exhibit F - Resolution & Amendments adopted in 2006, #7 Exhibit G - Emails, June 2008, providing notice to departing participants, #8 Exhibit H - Emails, June 2009, regarding timing of 2009 valuation / distribution, #9 Exhibit I - Email, September 2009, regarding timing of 2009 valuation / distribution)(Pope, John) Modified on 10/13/2009 to edit text for Exhibit B to remove abbreviation (lh).
October 12, 2009 Filing 46 MOTION for Preliminary Injunction by Richard Hoffman, Dean Manternach. (Pope, John)
October 9, 2009 Filing 45 SUPPLEMENT CITATION IN SUPPORT OF to document: #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT filed by Gary D. Tharaldson by Gary D. Tharaldson. (Attachments: #1 Exhibit WaMu Order)(Enockson, Paul)
September 21, 2009 Filing 44 NOTICE of Hearing on #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT, #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted: Motion Hearing RESET to Thursday, 11/5/2009 at 9:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson (previously set for 9/23/09) (sg)
September 21, 2009 Filing 43 STIPULATION CONTINUING SEPTEMBER 23, 2009 HEARING ON DEFENDANTS MOTIONS TO DISMISS by Dale Beling, Douglas Dobmeier, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Neil Larson, Richard D. Larson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Attachments: #1 Certificate of Service)(Waxman, Eric)
September 10, 2009 Filing 42 NOTICE of Hearing on #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT and #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted: Motion Hearing set for Wednesday, 9/23/2009 at 10:00 AM in Fargo Courtroom 1 before Judge Ralph R. Erickson. (sg)
May 19, 2009 Filing 41 SUPPLEMENT to document: #37 Reply to Response to Motion,,, filed by Neil Larson, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Douglas Dobmeier, Richard D. Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted filed by Neil Larson, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Douglas Dobmeier, Richard D. Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, #31 Brief,, filed by Neil Larson, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Douglas Dobmeier, Richard D. Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Attachments: #1 Exhibit A - Ashcroft v. Iqbal, #2 Proof of Service)(Waxman, Eric)
May 19, 2009 Filing 40 MOTION for Hearing re #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT by Gary D. Tharaldson. (Enockson, Paul)
May 18, 2009 Filing 39 MOTION for Hearing re #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Waxman, Eric)
May 14, 2009 Filing 38 BRIEF re #35 Objection Response To Plaintiffs' Objections To Defendants' Request For Judicial Notice In Support Of Motion To Dismiss Plaintiffs' Amended Complaint by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Waxman, Eric)
May 14, 2009 Filing 37 REPLY to Response to Motion re #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted filed by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Attachments: #1 Supplemental Request for Judicial Notice, #2 Declaration of Eric S. Waxman, #3 Exhibit 1 Russell 1000 Bloomberg, #4 Exhibit 2 Russell 2000 - Bloomberg, #5 Exhibit 3 S&P 500 - Bloomberg, #6 Exhibit 4 S&P 400 - Bloomberg, #7 Exhibit 5 DJUSLG - Bloomberg, #8 Exhibit 6 Russell 1000 - Datastream, #9 Exhibit 7 Russell 2000 - Bloomberg, #10 Exhibit 8 S&P 500 - Datastream, #11 Exhibit 9 S&P 400 - Datastream, #12 Exhibit 10 DJUSLG - Datastream, #13 Certificate of Service)(Waxman, Eric)
May 14, 2009 Filing 36 REPLY to Response to Motion re #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT filed by Gary D. Tharaldson. (Enockson, Paul)
April 23, 2009 Filing 35 OBJECTION to Defendants' Request for Judicial Notice (attached to dkt. #31) filed by Richard Hoffman, Dean Manternach. (Pope, John)
April 23, 2009 Filing 34 RESPONSE to Motion re #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted, #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT - Plaintiffs' Consolidated Memorandum of Law in Opposition to Defendants' Motions to Dismiss filed by Richard Hoffman, Dean Manternach. (Attachments: #1 Exhibit A- Rosen article from Natl Ctr for Employee Ownership, #2 Exhibit B- Wall Street Journal article Mar. 26, 2009)(Pope, John)
April 14, 2009 Opinion or Order Filing 33 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #32 Stipulation filed by Richard Hoffman, Dean Manternach. Plaintiffs' response to Defendants' motions to dismiss due by April 23, 2009. Defendants' replies due by May 14, 2009. (AS)
April 13, 2009 Filing 32 STIPULATION and [Proposed] Order Extending Time to Complete Briefing on Motions to Dismiss by Richard Hoffman, Dean Manternach. (Pope, John)
March 9, 2009 Filing 31 BRIEF re #30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Attachments: #1 Request For Judicial Notice, #2 Declaration of Virginia F. Milstead, #3 Exhibit 1 The Plan, #4 Exhibit 2 Summary Plan Description, #5 Exhibit 3 Successor Trustee Agreement, #6 Exhibit 4 Russell 1000 index, #7 Exhibit 5 Russell 2000 index, #8 Exhibit 6 S&P 500 index, #9 Exhibit 7 S&P 400 index, #10 Exhibit 8 Dow Jones US Hotels index, #11 Proof of Service)(Waxman, Eric)
March 9, 2009 Filing 30 MOTION to Dismiss Amended Complaint For Failure To State A Claim Upon Which Relief May Be Granted by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Waxman, Eric)
March 9, 2009 Filing 29 BRIEF re #28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT by Gary D. Tharaldson. (Enockson, Paul)
March 9, 2009 Filing 28 MOTION to Dismiss CLAIMS AGAINST DEFENDANT GARY D. THARALDSON IN THE PLAINTIFFS' FIRST AMENDED COMPLAINT by Gary D. Tharaldson. (Enockson, Paul)
February 20, 2009 Filing 27 RESPONSE to Motion re #21 MOTION to Dismiss Complaint For Failure To State A Claim Upon Which Relief May Be Granted -- Request for Judicial Notice filed by Richard Hoffman, Dean Manternach. (Pope, John)
February 20, 2009 Filing 26 RESPONSE to Motion re #21 MOTION to Dismiss Complaint For Failure To State A Claim Upon Which Relief May Be Granted filed by Richard Hoffman, Dean Manternach. (Pope, John)
February 20, 2009 Filing 25 RESPONSE to Motion re #20 MOTION to Dismiss Claims Against Defendant Gary D. Tharaldson filed by Richard Hoffman, Dean Manternach. (Pope, John)
February 20, 2009 Filing 24 AMENDED COMPLAINT against all defendants filed by Richard Hoffman, Dean Manternach.(Pope, John)
January 20, 2009 DOCKET CORRECTION re: #21 Motion to Dismiss Complaint for Failure to State a Claim upon which Relief May be Granted. The Memorandum in Support was attached to the main document, but should have been filed as a separate event. The Memorandum in Support has been re-filed by the Clerk's Office at document #23 . (lf)
January 20, 2009 DOCKET CORRECTION re: #20 Motion to Dismiss. The Memorandum in Support which was attached to the main document should have been filed as a separate event. The Memorandum in Support has been re-filed by the Clerk's Office at document #22 . (lf)
January 15, 2009 Filing 23 MEMORANDUM in Support re #21 MOTION to Dismiss Complaint For Failure To State A Claim Upon Which Relief May Be Granted filed by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, Richard D. Larson, Douglas Dobmeier. (lf)
January 15, 2009 Filing 22 MEMORANDUM in Support re #20 MOTION to Dismiss Claims Against Defendant Gary D. Tharaldson filed by Gary D. Tharaldson. (lf)
January 15, 2009 Filing 21 MOTION to Dismiss Complaint For Failure To State A Claim Upon Which Relief May Be Granted by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Attachments: #1 *RESTRICTED - Document should have been filed as a separate event*, #2 Request for Judicial Notice, #3 Declaration of Virginia F. Milstead, #4 Exhibit 1 The Plan, #5 Exhibit 2 Summary Plan Description, #6 Exhibit 3 Successor Trustee Agreement, #7 Exhibit 4 Russell 1000 Index, #8 Exhibit 5 Russell 2000 Index, #9 Exhibit 6 S&P 500 Index, #10 Exhibit 7 S&P 400 MidCap Index, #11 Exhibit 8 Dow Jones U.S. Hotels Index, #12 Certificate of Service)(Morrison, Peter) Modified on 1/20/2009 to restrict access to Memorandum in Support. Pleading has been re-filed using the event "Memorandum in Support" (lf).
January 15, 2009 Filing 20 MOTION to Dismiss Claims Against Defendant Gary D. Tharaldson by Gary D. Tharaldson. (Attachments: #1 *RESTRICTED - Document should have been filed as a separate event*)(Enockson, Paul) Modified on 1/20/2009 to restrict access to Memorandum in Support. Pleading has been re-filed using the event Memorandum in Support (lf).
January 5, 2009 Opinion or Order Filing 19 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #11 Motion for Leave to Appear pro hac vice to attorney Paul S. Enockson; granting #12 Motion for Leave to Appear pro hac vice to attorney John B. Moorhead. (NJM)
December 19, 2008 Filing 18 CERTIFICATE OF SERVICE by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier re #15 Amended Document re Motion to Appear Pro Hac Vice for attorney Virginia Milstead. (lf)
December 19, 2008 Filing 17 CERTIFICATE OF SERVICE by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier re #14 Amended Document re Motion to Appear Pro Hac Vice for attorney Peter Morrison. (lf)
December 19, 2008 Filing 16 CERTIFICATE OF SERVICE by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier re #13 Amended Document re Motion to Appear Pro Hac Vice for attorney Eric Waxman (lf)
December 19, 2008 Filing 15 AMENDED DOCUMENT re Motion by Virginia Milstead to appear pro hac vice #4 by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Motion has already been granted.) (lf)
December 19, 2008 Filing 14 AMENDED DOCUMENT re Motion by Peter Morrison to appear pro hac vice #5 by Neil Larson, Dale Beling, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Motion has already been granted.) (lf)
December 19, 2008 Filing 13 AMENDED DOCUMENT re Motion by Eric Waxman to appear pro hac vice #3 by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Motion has already been granted.) (lf)
December 19, 2008 Filing 12 MOTION for Leave to Appear Pro Hac Vice Attorney: John B. Moorhead by Gary D. Tharaldson. (lf)
December 19, 2008 Filing 11 MOTION for Leave to Appear Pro Hac Vice Attorney: Paul S. Enockson by Gary D. Tharaldson. (lf)
December 19, 2008 Opinion or Order Filing 10 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #7 Stipulation to Extend Time to Respond to the Complaint. Defendants shall have until January 15, 2009 to respond to the Complaint.(NJM)
December 19, 2008 Opinion or Order Filing 9 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #3 Motion for Leave to Appear pro hac vice to attorney Eric S. Waxman; granting #4 Motion for Leave to Appear pro hac vice to attorney Virginia F. Milstead; and granting #5 Motion for Leave to Appear pro hac vice to attorney Peter B. Morrison. (NJM)
December 18, 2008 Filing 8 CERTIFICATE OF SERVICE by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier re #7 Stipulation, (Morrison, Peter)
December 18, 2008 Filing 7 STIPULATION Extending Time to Respond to Complaint by Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The, Richard D. Larson, Douglas Dobmeier. (Morrison, Peter)
December 9, 2008 Filing 6 CERTIFICATE OF SERVICE by Neil Larson, Dale Beling, Richard D. Larson, Douglas Dobmeier re #4 MOTION for Leave to Appear Pro Hac Vice Attorney: Virginia F. Milstead., #5 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter B. Morrison., #3 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman. (lf)
December 9, 2008 Filing 5 MOTION for Leave to Appear Pro Hac Vice Attorney: Peter B. Morrison by Neil Larson, Dale Beling, Richard D. Larson, Douglas Dobmeier. (lf)
December 9, 2008 Filing 4 MOTION for Leave to Appear Pro Hac Vice Attorney: Virginia F. Milstead by Neil Larson, Dale Beling, Richard D. Larson, Douglas Dobmeier. (lf)
December 9, 2008 Filing 3 MOTION for Leave to Appear Pro Hac Vice Attorney: Eric S. Waxman by Neil Larson, Dale Beling, Richard D. Larson, Douglas Dobmeier. (lf)
November 12, 2008 Filing 2 Summons Issued as to Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, The ESOP Committee of the Tharalson Motels Inc. Employee Stock Ownership Plan, Gary D. Tharaldson, Richard D. Larson, Douglas Dobmeier. (rs)
November 10, 2008 Filing 1 COMPLAINT against Neil Larson, Dale Beling, Tharaldson Motels Inc. Employee Stock Ownership Plan, The ESOP Committee of the Tharalson Motels Inc. Employee Stock Ownership Plan, Gary D. Tharaldson, Richard D. Larson, Douglas Dobmeier (Filing fee $350, receipt number FA0001043) filed by Richard Hoffman, Dean Manternach. (Attachments: #1 Civil Cover Sheet JS 44)(rs)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Dakota District Court's Electronic Court Filings (ECF) System

Search for this case: Hoffman et al v. Tharaldson Motels Inc. Employee Stock Ownership Plan et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Richard Hoffman
Represented By: John Houston Pope
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Dean Manternach
Represented By: John Houston Pope
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dale Beling
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Represented By: Virginia F. Milstead
Represented By: Peter B. Morrison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: ESOP Committee of the Tharaldson Motels Inc. Employee Stock Ownership Plan, The
Represented By: Peter B. Morrison
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Douglas Dobmeier
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Represented By: Virginia F. Milstead
Represented By: Peter B. Morrison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Richard D. Larson
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Represented By: Virginia F. Milstead
Represented By: Peter B. Morrison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Gary D. Tharaldson
Represented By: John B. Moorhead
Represented By: Paul S. Enockson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Tharaldson Motels Inc. Employee Stock Ownership Plan
Represented By: Peter B. Morrison
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Neil Larson
Represented By: Eric S. Waxman
Represented By: Christopher A. Weals
Represented By: Charles C. Jackson
Represented By: Virginia F. Milstead
Represented By: Peter B. Morrison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?