McKay v. Tharaldson, et al.
Plaintiff: Bernard McKay
Defendant: Gary D. Tharaldson and Tharaldson Motels Inc. Employee Stock Ownership Plan
Interested Party: Roy Blassingame
Case Number: 3:2008cv00113
Filed: November 13, 2008
Court: US District Court for the District of North Dakota
Office: Labor: E.R.I.S.A. Office
County: XX US, Outside State
Presiding Judge: Ralph R Erickson
Referring Judge: Karen K Klein
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2014 Filing 212 MANDATE of USCA as to #182 Notice of Appeal filed by Bernard McKay (as)
January 15, 2014 Filing 211 USCA JUDGMENT as to #182 Notice of Appeal filed by Bernard McKay. Appeal is Dismissed. (as)
February 28, 2013 Deadlines and Hearings terminated : Evidentiary Hearing previously set for 2/25/13 cancelled due to settlement (sg)
February 25, 2013 Filing 210 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Hearing: Re: Proposed Settlement held on 2/25/2013. (Court Reporter kk) (sg)
February 25, 2013 Opinion or Order Filing 209 (Text Only) ORDER by Chief Judge Ralph R. Erickson #201 Motion to Amend/Correct withdrawn at hearing on 2/25/2013; and granting #202 Motion for Final Approval of Settlement, Application for Award of Partial Reimbursement of Expenses, and Plan for Distribution of Settlement Proceeds. (SH)
February 25, 2013 Opinion or Order Filing 208 ORDER AND FINAL JUDGMENT by Chief Judge Ralph R. Erickson.(SH)
February 21, 2013 Filing 207 CERTIFICATE OF SERVICE by Bernard McKay re #206 Notice (Other), (Rinaldi, Bruce)
February 21, 2013 Filing 206 NOTICE by Bernard McKay re #202 MOTION Supporting Final Approval of Proposed Settlement, Application for Award of Partial Reimbursement of Expenses, and the Plan for Distribution of the Settlement Proceeds (Notice of Filing of Amended Proposed Order) (Attachments: #1 Amended Proposed Order)(Rinaldi, Bruce)
February 1, 2013 Filing 205 RESPONSE to Motion re #202 MOTION Supporting Final Approval of Proposed Settlement, Application for Award of Partial Reimbursement of Expenses, and the Plan for Distribution of the Settlement Proceeds filed by Gary D. Tharaldson. (Enockson, Paul)
January 25, 2013 Filing 204 CERTIFICATE OF SERVICE by Bernard McKay re #202 MOTION Supporting Final Approval of Proposed Settlement, Application for Award of Partial Reimbursement of Expenses, and the Plan for Distribution of the Settlement Proceeds , #203 Affidavit, (Rinaldi, Bruce)
January 25, 2013 Filing 203 AFFIDAVIT (Declaration of Bruce F. Rinaldi) re #202 MOTION Supporting Final Approval of Proposed Settlement, Application for Award of Partial Reimbursement of Expenses, and the Plan for Distribution of the Settlement Proceeds by Bernard McKay. (Attachments: #1 Exhibit A - Affidavit of Mailing (McGladrey), #2 Exhibit B - Cohen Milstein Expenses, #3 Exhibit C - Cohen Milstein Fees)(Rinaldi, Bruce)
January 25, 2013 Filing 202 MOTION Supporting Final Approval of Proposed Settlement, Application for Award of Partial Reimbursement of Expenses, and the Plan for Distribution of the Settlement Proceeds by Bernard McKay. (Rinaldi, Bruce)
January 25, 2013 Filing 201 MOTION to Amend/Correct #196 Notice of Settlement, Proposed Order and Final Judgment Approving Settlement to Reflect Compliance with CAFA by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Attorney General CAFA Notice, #2 Exhibit B - Amended Proposed Order)(Enockson, Paul)
November 6, 2012 Opinion or Order Filing 200 (Text Only) ORDER by Chief Judge Ralph R. Erickson granting #199 Motion to Continue Hearing. Fairness Hearing RESET for 2/25/2013 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (previously set for 2/21/2013). (SH)
November 5, 2012 Filing 199 MOTION to Continue FAIRNESS HEARING ON CLASS ACTION SETTLEMENT by Gary D. Tharaldson. (Enockson, Paul)
October 23, 2012 Opinion or Order Filing 198 ORDER Preliminarily Approving Settlement, Approving Settlement, Approving Form of Notice, and Setting Fairness Hearing by Chief Judge Ralph R. Erickson. (Note: motion, terms of settlement, and notice can be found at #196 ). Fairness Hearing set for 2/21/2013 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson.(SH)
October 12, 2012 Filing 197 CERTIFICATE OF SERVICE by Bernard McKay re #196 Notice of Settlement, (Plaintiff's Notice and Motion in Support of Preliminary Approval of Proposed Settlement, Approval of Notice Plan and Scheduling of Fairness Hearing) (Rinaldi, Bruce) Modified on 10/15/2012 to correct typos. (as)
October 12, 2012 Filing 196 NOTICE of Settlement (Plaintiff's Notice and Motion in Support of Preliminary Approval of Proposed Settlement, Approval of Notice Plan and Scheduling of Fairness Hearing) by Bernard McKay (Attachments: #1 Exhibit Attachment I - Final Settlement Agreement, #2 Exhibit Attachment II - Proposed Order)(Rinaldi, Bruce)
June 28, 2012 USCA Case Number 12-2548 for #182 Notice of Appeal. (am)
March 2, 2012 Filing 194 CERTIFICATE OF SERVICE by Bernard McKay re #193 Reply to Response to Motion, (Rinaldi, Bruce)
March 2, 2012 Filing 193 REPLY to Response to Motion re #178 MOTION to Vacate (Plaintiff's Motion Pursuant to: Rule 59(e) and/or Rule 60(b) to Vacate or Grant Relief from Judgment and Rule 16(b) and Rule 15(a) to Modify Scheduling Order and Permit Amendment of the Complaint), 181 MOTION to Amend/Correct filed by Bernard McKay. (Rinaldi, Bruce)
March 1, 2012 Opinion or Order Filing 192 (Text Only) ORDER by Magistrate Judge Karen K. Klein granting #190 Motion for Leave to File Excess Pages. (AS)
February 29, 2012 Filing 191 CERTIFICATE OF SERVICE by Bernard McKay re #190 MOTION for Leave to File Excess Pages (Plaintiff's Unopposed Motion to Exceed Page Limitations) (Rinaldi, Bruce)
February 29, 2012 Filing 190 MOTION for Leave to File Excess Pages (Plaintiff's Unopposed Motion to Exceed Page Limitations) by Bernard McKay. (Rinaldi, Bruce)
February 21, 2012 Filing 189 RESPONSE to Motion re 181 MOTION to Amend/Correct filed by Gary D. Tharaldson. (Enockson, Paul)
February 21, 2012 Filing 188 RESPONSE to Motion re #178 MOTION to Vacate (Plaintiff's Motion Pursuant to: Rule 59(e) and/or Rule 60(b) to Vacate or Grant Relief from Judgment and Rule 16(b) and Rule 15(a) to Modify Scheduling Order and Permit Amendment of the Complaint) filed by Gary D. Tharaldson. (Enockson, Paul)
February 13, 2012 Filing 187 REPLY to Response to Motion re #173 MOTION for Bill of Costs filed by Gary D. Tharaldson. (Attachments: #1 Exhibit E - McKay Response to Discovery Requests)(Enockson, Paul)
February 9, 2012 Opinion or Order Filing 186 (Text Only) ORDER granting #184 withdrawal of counsel by Chief Judge Ralph R. Erickson. Attorney Marc I. Machiz is terminated as counsel for Plaintiff and as class counsel.(SH)
February 8, 2012 Filing 185 CERTIFICATE OF SERVICE by Bernard McKay re #184 Notice (Other) (Barton, R. Joseph)
February 8, 2012 Filing 184 NOTICE by Bernard McKay (Notice of Withdrawal of Appearance - Marc I. Machiz) (Barton, R. Joseph)
February 7, 2012 Filing 183 Transmittal of Notice of Appeal Supplement to 8th Circuit Court of Appeals re #182 Notice of Appeal. (lc)
February 6, 2012 Filing 182 NOTICE OF APPEAL as to #172 Clerk's Judgment and #170 Memorandum Opinion and Order filed by Bernard McKay. Filing fee: PAID. (Attachments: #1 Appellant Form A)(lc)
February 6, 2012 DOCKET CORRECTION re: #178 Motion to Vacate. Multiple relief document filed as one relief. Clerk's Office filed a Motion to Amend Scheduling Order at #181. Re: #179 Memorandum and #180 Certificate of Service. Added link to document #181. (rm)
February 3, 2012 Filing 181 MOTION to Amend Scheduling Order by Bernard McKay. See document #178 . (rm)
February 3, 2012 Filing 180 CERTIFICATE OF SERVICE by Bernard McKay re #179 MEMORANDUM in Support, #178 MOTION to Vacate (Plaintiff's Motion Pursuant to: Rule 59(e) and/or Rule 60(b) to Vacate or Grant Relief from Judgment and Rule 16(b) and Rule 15(a) to Modify Scheduling Order and Permit Amendment of the Complaint) , #181 Motion to Amend Scheduling Order (Barton, R. Joseph) Modified on 2/6/2012 to add link to document 181. (rm)
February 3, 2012 Filing 179 MEMORANDUM in Support re #178 MOTION to Vacate (Plaintiff's Motion Pursuant to: Rule 59(e) and/or Rule 60(b) to Vacate or Grant Relief from Judgment and Rule 16(b) and Rule 15(a) to Modify Scheduling Order and Permit Amendment of the Complaint) , #181 Motion to Amend Scheduling Order filed by Bernard McKay. (Attachments: #1 Proposed Amended Complaint, #2 Proposed Amended Complaint w/Track Changes)(Barton, R. Joseph) Modified on 2/6/2012 to add link to document 181. (rm)
February 3, 2012 Filing 178 MOTION to Vacate (Plaintiff's Motion Pursuant to: Rule 59(e) and/or Rule 60(b) to Vacate or Grant Relief from Judgment and Rule 16(b) and Rule 15(a) to Modify Scheduling Order and Permit Amendment of the Complaint) by Bernard McKay. (Attachments: #1 Proposed Order)(Barton, R. Joseph)
February 3, 2012 Filing 177 CERTIFICATE OF SERVICE by Bernard McKay re #175 Response to Motion (Certificate of Service) (Swanson, Robyn)
February 3, 2012 Filing 176 AFFIDAVIT (Declaration Of Robyn M. Swanson In Support Of Plaintiff's Opposition To Defendant's Motion For Costs) re #175 Response to Motion by Bernard McKay. (Attachments: #1 Exhibit A - ESOP Participation Statement - Bernard McKay, #2 Exhibit B - Forbes 400 Article - Gary Tharaldson)(Swanson, Robyn)
February 3, 2012 Filing 175 RESPONSE to Motion re #173 MOTION for Bill of Costs (Plaintiff's Opposition To Defendant's Motion For Taxation Of Costs Or Bill Of Costs) filed by Bernard McKay. (Swanson, Robyn)
January 20, 2012 Filing 174 MEMORANDUM in Support re #173 MOTION for Bill of Costs filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Declaration of Counsel, #2 Exhibit B - Depo-Transcript Costs, #3 Exhibit C - Copying Costs, #4 Exhibit D - Court Costs)(Enockson, Paul)
January 20, 2012 Filing 173 MOTION for Bill of Costs by Gary D. Tharaldson. (Enockson, Paul)
January 6, 2012 Filing 172 CLERK'S JUDGMENT of Dismissal with Prejudice (lh)
January 5, 2012 Opinion or Order Filing 171 SEALED Memorandum Opinion and Order re #170 Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, and Order on Motion for Partial Summary Judgment by Chief Judge Ralph R. Erickson.(SH)
January 5, 2012 Opinion or Order Filing 170 REDACTED Memorandum Opinion and Order by Chief Judge Ralph R. Erickson finding as moot #103 Motion for Judgment on the Pleadings; granting 105 Defendant's Motion for Summary Judgment; and finding as moot #132 Plantiffs' Motion for Partial Summary Judgment to adjudicate certain affirmative defenses. (SH) (Main Document 170 replaced on 1/6/2012 with redacted text deleted; NEF regenerated) (lh).
December 20, 2011 DOCKET CORRECTION re: #169 Certificate of Service. Clerk's office added links. (rs)
December 15, 2011 Filing 169 CERTIFICATE OF SERVICE re #166 Motion in Limine, #167 Memorandum in Support, #168 Affidavit by Bernard McKay (Swanson, Robyn) Modified on 12/20/2011 to add links. (rs)
December 15, 2011 Filing 168 AFFIDAVIT of Robyn M. Swanson re #166 MOTION in Limine to Exclude Parol Evidence Regarding the 1998 Agreement by Bernard McKay. (Attachments: #1 Exhibit A - Transcript of Deposition of Robert F. Reilly)(Swanson, Robyn)
December 15, 2011 Filing 167 MEMORANDUM in Support re #166 MOTION in Limine to Exclude Parol Evidence Regarding the 1998 Agreement filed by Bernard McKay. (Swanson, Robyn)
December 15, 2011 Filing 166 MOTION in Limine to Exclude Parol Evidence Regarding the 1998 Agreement by Bernard McKay. (Swanson, Robyn)
November 29, 2011 Opinion or Order Filing 165 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting the #163 Stipulation filed by Bernard McKay, Gary D. Tharaldson. (AS)
November 21, 2011 Filing 164 CERTIFICATE OF SERVICE by Bernard McKayre #163 Stipulation (Swanson, Robyn) Modified on 12/14/2011 to remove incorrect filer Gary D. Tharaldson (kmk).
November 21, 2011 Filing 163 STIPULATION Setting Pretrial Disclosure Deadlines (Joint) by Bernard McKay. (Swanson, Robyn) Modified on 12/14/2011 to remove incorrect filer Gary D. Tharaldson (kmk).
November 9, 2011 Filing 162 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Motion Hearing held on 11/9/2011 re #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT filed by Gary D. Tharaldson, #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) filed by Bernard McKay - Court takes motions under advisement (Court Reporter kk) (sg)
November 7, 2011 Filing 161 NOTICE of Hearing on Motion #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, #132 MOTION for Partial Summary Judgment(Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses): Motion Hearing REset for 11/9/2011 at 8:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson (NOTE: change in time only - previously set for 9 AM)(sg)
September 28, 2011 Filing 160 CERTIFICATE OF SERVICE by Bernard McKay re #159 Reply to Response to Motion to Exclude the Testimony of Defendant's Expert Garry A. Pearson (Swanson, Robyn)
September 28, 2011 Filing 159 REPLY to Response to Motion re #138 MOTION to Exclude Expert Testimony of Garry A. Pearson filed by Bernard McKay. (Swanson, Robyn)
September 21, 2011 Opinion or Order Filing 158 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #156 Motion for Extension of Time to File Reply. Reply due by 9/28/2011. (NJM)
September 20, 2011 Filing 157 CERTIFICATE OF SERVICE by Bernard McKay re #156 MOTION for Extension of Time to File Response/Reply (Stipulated Motion For Extension of Time to File Reply to Plaintiff's Motion to Exclude The Testimony of Defendant's Expert Garry A. Pearson) (Swanson, Robyn)
September 20, 2011 Filing 156 MOTION for Extension of Time to File Response/Reply (Stipulated Motion For Extension of Time to File Reply to Plaintiff's Motion to Exclude The Testimony of Defendant's Expert Garry A. Pearson) by Bernard McKay. (Swanson, Robyn)
September 16, 2011 Filing 155 NOTICE of Hearing on Motion #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses), 105 MOTION for Summary Judgment: Motion Hearing set for 11/9/2011 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
September 13, 2011 Filing 154 SEALED DOCUMENT EXHIBIT C re #151 Response to Motion, by Gary D. Tharaldson. (Attachments: #1 Sealed Document Part 2 pgs 96 to 191)(Enockson, Paul)
September 12, 2011 Opinion or Order Filing 153 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #152 Motion for Leave to File Under Seal. (NJM)
September 9, 2011 Filing 152 MOTION for Leave to File Under Seal by Gary D. Tharaldson. (Attachments: #1 Proposed Sealed Document Berins Depo Transcript - pgs 1 thru 95, #2 Proposed Sealed Document Berins Depo Transcript - pgs 96 thru 191)(Enockson, Paul)
September 9, 2011 Filing 151 RESPONSE to Motion re #138 MOTION to Exclude Expert Testimony of Garry A. Pearson filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Report of Garry Pearson, #2 Exhibit B - Report of David Berins, #3 Exhibit C - Depo Transcript of David Berins)(Enockson, Paul)
August 29, 2011 Filing 150 SEALED DOCUMENT EXHIBIT D re #125 Reply to Response to Motion, by Gary D. Tharaldson. (Enockson, Paul)
August 24, 2011 Opinion or Order Filing 149 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #146 Stipulated Motion for Extension of Time to File Response/Reply to Motion to Exclude Expert Testimony. Response due by 9/9/2011. Reply due by 9/23/2011. (NJM)
August 23, 2011 Filing 148 CERTIFICATE OF SERVICE by Bernard McKay re #147 Reply to Response to Motion, (Swanson, Robyn)
August 23, 2011 Filing 147 REPLY to Response to Motion re #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) filed by Bernard McKay. (Swanson, Robyn)
August 23, 2011 Filing 146 MOTION for Extension of Time to File Response/Reply as to #138 MOTION to Exclude Expert Testimony of Garry A. Pearson by Gary D. Tharaldson. (Enockson, Paul)
August 19, 2011 Opinion or Order Filing 145 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #143 Motion for Extension of Time to File Reply. Reply due by 8/23/2011. (NJM)
August 19, 2011 DOCKET CORRECTION re: #143 Motion for Extension of Time to File and Motion for Extension of Time to File Response/Reply. The pleading contained only one Motion relief, but 2 reliefs were selected when e-filing the pleading. The Clerk's Office terminated the Motion for Extension of Time. The Motion for Extension of Time to File Response/Reply at #143 remains pending. The Clerk's Office also removed duplicate text from the Certificate of Service entry at #144 . (lf)
August 18, 2011 Filing 144 CERTIFICATE OF SERVICE by Bernard McKay re #143 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) (Swanson, Robyn) Modified on 8/19/2011 to remove duplicate docket text (lf).
August 18, 2011 Filing 143 MOTION for Extension of Time to File Response/Reply as to #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) by Bernard McKay. (Swanson, Robyn) Modified on 8/19/2011 to remove second Motion Relief (lf). Modified on 2/7/2012-updated term date of mtn (sb).
August 9, 2011 Filing 142 CERTIFICATE OF SERVICE by Bernard McKay re #141 Sealed Document (Barton, R. Joseph)
August 9, 2011 Filing 141 SEALED DOCUMENT (Exhibit B - Transcript of Deposition of Garry A. Pearson dated July 19, 2011) re #139 MEMORANDUM in Support, by Bernard McKay. (Barton, R. Joseph)
August 9, 2011 Filing 140 CERTIFICATE OF SERVICE by Bernard McKay re #138 MOTION to Exclude Expert Testimony of Garry A. Pearson, #139 MEMORANDUM in Support, (Swanson, Robyn)
August 9, 2011 Filing 139 MEMORANDUM in Support re #138 MOTION to Exclude Expert Testimony of Garry A. Pearson filed by Bernard McKay. (Attachments: #1 Exhibit A - Transcript of Deposition of Garry A. Pearson dated July 19, 2011, #2 Exhibit B - Expert Report of Garry A. Pearson dated May 16, 2011)(Swanson, Robyn)
August 9, 2011 Filing 138 MOTION to Exclude Expert Testimony of Garry A. Pearson by Bernard McKay. (Swanson, Robyn)
August 5, 2011 Filing 137 RESPONSE to Motion re #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) filed by Gary D. Tharaldson. (Enockson, Paul)
August 5, 2011 Opinion or Order Filing 136 ORDER by Chief Judge Ralph R. Erickson denying #109 Motion to Intervene as Class Representative. (SH)
July 18, 2011 Filing 135 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Motion Hearing held on 7/18/2011 re #109 MOTION to Intervene as a Class Representative filed by Roy Blassingame. (Court Reporter kk) (sg)
July 15, 2011 Filing 134 CERTIFICATE OF SERVICE by Bernard McKay re #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses), #133 MEMORANDUM in Support (Swanson, Robyn)
July 15, 2011 Filing 133 MEMORANDUM in Support re #132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) filed by Bernard McKay. (Swanson, Robyn)
July 15, 2011 Filing 132 MOTION for Partial Summary Judgment (Plaintiff's Motion for Partial Summary Judgment on Defendant's Second, Third, Fifth, Sixth & Eleventh Affirmative Defenses) by Bernard McKay. (Swanson, Robyn)
June 16, 2011 Opinion or Order Filing 131 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting the #129 Stipulation To Modify the Joint Scheduling Order Report And Discovery Plan filed by Bernard McKay. (AS)
June 15, 2011 Filing 130 CERTIFICATE OF SERVICE by Bernard McKay re #129 Stipulation (Swanson, Robyn)
June 15, 2011 Filing 129 STIPULATION (Stipulated Motion To Modify Joint Scheduling Order Report And Discovery Plan) by Bernard McKay. (Swanson, Robyn)
June 13, 2011 Opinion or Order Filing 128 ORDER (TEXT ONLY) by Chief Judge Ralph R. Erickson granting #126 Motion for Leave to File Under Seal. Counsel shall promptly file the exhibit under seal. (SH)
June 10, 2011 Filing 127 MOTION for Hearing re #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, 105 MOTION for Summary Judgment by Gary D. Tharaldson. (Enockson, Paul)
June 10, 2011 Filing 126 MOTION for Leave to File Under Seal EXHIBIT IN SUPPORT OF REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Gary D. Tharaldson. (Attachments: #1 Proposed Sealed Document Exhibit D - Stock Purchase Agreement)(Enockson, Paul)
June 10, 2011 Filing 125 REPLY to Response to Motion re #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, 105 MOTION for Summary Judgment filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - excerpt from Lodging Magazine, #2 Exhibit B - Declaration of Robert Reilly - part 1, #3 Exhibit B - Declaration of Robert Reilly - part 2, #4 Exhibit C - Declaration of Garry Pearson, #5 Exhibit D - ESOP Stock Purchase Agreement)(Enockson, Paul)
May 19, 2011 Filing 124 REPLY to Response to Motion re #109 MOTION to Intervene as a Class Representative filed by Roy Blassingame. (Campins, Julia)
May 13, 2011 Filing 123 NOTICE of Hearing on Motion #109 MOTION to Intervene as a Class Representative: Motion Hearing set for 7/18/2011 at 9:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
May 12, 2011 Filing 121 CERTIFICATE OF SERVICE by Bernard McKay re #117 Response to Motion,,, (Barton, R. Joseph)
May 12, 2011 Filing 120 SEALED DOCUMENT (Sealed Declaration of Jason T. Kolcun) re #117 Response to Motion,,, by Bernard McKay. (Barton, R. Joseph)
May 11, 2011 Filing 122 RESPONSE to Motion re #103 MOTION for Judgment on the Pleadings filed by Bernard McKay. See pleading at #117 . (lf)
May 11, 2011 Filing 119 SEALED DOCUMENT (Exhibit 2 - Sealed Deposition of Kyle Newman) re #117 Response to Motion by Bernard McKay. (Attachments: #1 Exhibit 3 - Sealed Declaration of Douglas Dobmeier, #2 Exhibit 4 - Sealed Declaration of Rick Larson, #3 Exhibit 5 - Sealed Gary and Linda Tharaldson Divorce Documents, #4 Exhibit 9 - Sealed Deposition of Thomas Furlong, #5 Exhibit 14 - TMI Stock Ledger, #6 Exhibit 15 - Ernst & Young Memo Re: TMI Shares)(Barton, R. Joseph) Modified on 5/13/2011 to correct typo within exhibit description (lf).
May 11, 2011 Filing 118 AFFIDAVIT (Declaration of Jason T. Kolcun) re #117 and #122 Response to Motions by Bernard McKay. (Barton, R. Joseph) Modified on 5/12/2011 to add a link to document #122 (lf).
May 11, 2011 Filing 117 RESPONSE to Motion re 105 MOTION for Summary Judgment (Plaintiffs' Opposition to Defendant's Motion for Judgment on the Pleadings, or in the Alternative for Summary Judgment) filed by Bernard McKay. (Attachments: #1 Exhibit 1 - Defendants' Rule 26 Disclosures, #2 Exhibit 2 - Redacted Deposition of Kyle Newman, #3 Exhibit 3 - Redacted Declaration of Douglas Dobmeier, #4 Exhibit 4 - Redacted Declaration of Rick Larson, #5 Exhibit 5 - Redacted Gary and Linda Tharaldson Divorce Documents, #6 Exhibit 6 - 1992 Agreement, #7 Exhibit 7 - Draft of 1998 Agreement, #8 Exhibit 8 - Email Dated July 26, 2007 (with attachment), #9 Exhibit 10 - Declaration of Mark Ferrell, #10 Exhibit 11 - Declaration of Curtis Olien, #11 Exhibit 12 - Declaration of Charles Krumwiede, #12 Exhibit 13 - Declaration of David Berins)(Barton, R. Joseph)
May 11, 2011 Filing 116 TRANSCRIPT OF MOTION TO CERTIFY CLASS held on March 14, 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 5/18/2011. Redaction Request due 6/1/2011. Redacted Transcript Deadline set for 6/13/2011. Release of Transcript Restriction set for 8/9/2011. (kk)
May 11, 2011 Filing 115 NOTICE OF FILING OF TRANSCRIPT (Motion to Certify Class) (kk)
May 9, 2011 Filing 114 RESPONSE to Motion re #109 MOTION to Intervene as a Class Representative filed by Gary D. Tharaldson. (Enockson, Paul)
April 20, 2011 Filing 113 CERTIFICATE OF SERVICE by Roy Blassingame re #112 Affidavit, #110 MEMORANDUM in Support, #109 MOTION to Intervene as a Class Representative, #111 Affidavit (Campins, Julia)
April 20, 2011 Filing 112 AFFIDAVIT Declaration of R. Joseph Barton re #109 MOTION to Intervene as a Class Representative by Roy Blassingame. (Campins, Julia)
April 20, 2011 Filing 111 AFFIDAVIT Declaration of Julia Campins re #109 MOTION to Intervene as a Class Representative by Roy Blassingame. (Campins, Julia)
April 20, 2011 Filing 110 MEMORANDUM in Support re #109 MOTION to Intervene as a Class Representative filed by Roy Blassingame. (Campins, Julia)
April 20, 2011 Filing 109 MOTION to Intervene as a Class Representative by Roy Blassingame. (Campins, Julia)
April 18, 2011 Opinion or Order Filing 108 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #106 Stipulation for Briefing Schedule. Plaintiff's opposition brief due May 11, 2011. Defendant's reply due June 10, 2011. (NJM)
April 15, 2011 Filing 107 CERTIFICATE OF SERVICE by Bernard McKay re #106 Stipulation (Stipulation For A Briefing Schedule On Defendant's Motion For Judgment On The Pleadings Or, In The Alternative, For Summary Judgment) (Swanson, Robyn)
April 15, 2011 Filing 106 STIPULATION (Stipulation For A Briefing Schedule On Defendant's Motion For Judgment On The Pleadings Or, In the Alternative, For Summary Judgment) by Bernard McKay. (Swanson, Robyn)
April 4, 2011 DOCKET CORRECTION re: #103 Motion for Judgment on the Pleadings. Multiple relief document filed as one relief. Clerk's office filed Motion for Summary Judgment at Doc #105. Clerk's office also corrected the attachment descriptions added to the exhibits to the Memorandum in Support at #104 . (lc)
April 1, 2011 Filing 105 MOTION for Summary Judgment by Gary D. Tharaldson. SEE document at #103 . (lc)
April 1, 2011 Filing 104 MEMORANDUM in Support re #103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (Doc #105) filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Deposition of Gary Tharaldson, pages 1-79, #2 Exhibit A - Deposition of Gary Tharaldson, pages 80-159, #3 Exhibit A - Deposition of Gary Tharaldson, pages 160-232, #4 Exhibit B - Deposition of Linda Tharaldson 10-6-2010, pages 1-79, #5 Exhibit B - Deposition of Linda Tharaldson 10-6-2010, pages 80-159, #6 Exhibit B - Deposition of Linda Tharaldson 10-6-2010, pages 160-225 and Deposition Exhibit #9, #7 Exhibit C - Gary Tharaldson's Responses to Plaintiff's Second Set of Interrogatories, #8 Exhibit D - Gary Tharaldson's Responses to Plaintiff'sThird Set of Interrogatories, #9 Exhibit E - Deposition of Tharaldson Executive Management, #10 Exhibit F - Deposition of Sheryl Persons, pages 1-74, #11 Exhibit F - Deposition of Sheryl Persons, pages 75-138, #12 Exhibit G - Deposition of Linda Tharaldson 03-07-2011)(Enockson, Paul) Modified on 4/4/2011 to correct attach descriptions and to add link to Motion for Summary Judgment docket entry. (lc) Modified on 4/4/2011 (lc).
April 1, 2011 Filing 103 MOTION for Judgment on the Pleadings OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT by Gary D. Tharaldson. (Enockson, Paul)
March 31, 2011 Opinion or Order Filing 102 ORDER by Chief Judge Ralph R. Erickson granting #36 Motion to Certify Class; and denying #41 Roy Blassingame's Motion for joinder in Plaintiff's motion for class certification (SH)
March 31, 2011 Opinion or Order Filing 101 ORDER by Chief Judge Ralph R. Erickson denying #29 Motion to Adjudicate Certain Affirmative Defenses (SH)
March 21, 2011 Set/Reset Deadlines per text Order at #100: Expert Witness List due by 4/18/2011. (lh)
March 18, 2011 Opinion or Order Filing 100 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #99 Motion to Amend/Correct #24 Scheduling Order. (AS)
March 17, 2011 Filing 99 MOTION to Amend/Correct #24 Scheduling Order by Gary D. Tharaldson. (Enockson, Paul)
March 14, 2011 Filing 98 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Motion Hearing held on 3/14/2011 re #36 MOTION to Certify Class filed by Bernard McKay. (Court Reporter kk) (sg)
March 7, 2011 Filing 97 NOTICE of Hearing on Motion #36 MOTION to Certify Class: Motion Hearing set for 3/14/2011 at 2:00 PM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg)
March 4, 2011 Opinion or Order Filing 96 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #94 Stipulation Regarding Douglas Dobmeier's Attendance at Trial. (NJM)
March 3, 2011 Filing 95 CERTIFICATE OF SERVICE by Bernard McKay re #94 Stipulation, (Barton, R. Joseph)
March 3, 2011 Filing 94 STIPULATION Regarding Douglas Dobmeier's Attendance at Trial by Roy Blassingame and Bernard McKay. (Barton, R. Joseph) Modified on 3/3/2011 to remove Gary D. Tharaldson, Tharaldson Motels ESOP and Bernard McKay as filers pursuant to a phone call from the attorney. NEF regerated. (lf). 2ND MODIFICATION on 3/3/2011 to add Bernard McKay as a filer again pursuant to a 2nd call from Attorney Barton's Office - NEF regenerated, docket correction filed (lf).
March 3, 2011 DOCKET CORRECTION re: #94 Stipulation. The incorrect filers were selected when the pleading was originally filed. The Clerk's Office was informed of the correct filers via telephone call, and corrected the entry. The Clerk's Office received a second telephone indicating that the Stipulation was supposed to be filed by Roy Blassingame and Bernard McKay, the entry was correct to reflect that change. The Notice of Electronic Filing for document #94 has been regenerated to all of the parties. (lf)
February 22, 2011 Filing 93 NOTICE of Appearance by Robert B. Stock on behalf of Gary D. Tharaldson (Stock, Robert)
February 17, 2011 Opinion or Order Filing 92 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #90 Stipulation to allow three specified depositions to be taken beyond the discovery period. (NJM)
February 16, 2011 Filing 91 CERTIFICATE OF SERVICE by Roy Blassingame, Bernard McKay, Gary D. Tharaldson, Tharaldson Motels Inc. Employee Stock Ownership Plan re #90 Stipulation, (Barton, R. Joseph)
February 16, 2011 Filing 90 STIPULATION re 87 Order on Motion for Miscellaneous Relief, (Stipulation to Take Certain Depositions Beyond the Discovery Deadline) by Roy Blassingame, Bernard McKay, Gary D. Tharaldson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Barton, R. Joseph)
February 11, 2011 Filing 89 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Discovery Hearing held on 2/11/2011. (DR #110211.000.) (jo)
February 9, 2011 Filing 88 NOTICE of Hearing: Informal Discovery Dispute Hearing set for 2/11/2011 at 04:00 PM by telephone before Magistrate Judge Karen K. Klein, plaintiff to initiate the call (chambers phone (701)297-7070). Defendant's position to be e-mailed in letter form to chambers at least 2 hours in advance of the conference- ndd_j-klein@ndd.uscourts.gov. (NJM)
December 20, 2010 Opinion or Order Filing 87 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein finding as moot #85 Stipulated Motion Modify Scheduling Order; granting #86 Stipulated Revised Motion to Modify Scheduling Order. Fact Discovery deadline extended to February 15, 2011. (NJM)
December 20, 2010 Set/Reset Deadlines per text only Order #87: Discovery due by 2/15/2011. (lh)
December 17, 2010 Filing 86 MOTION (REVISED Stipulated Motion) to Modify Joint Scheduling Report and Discovery Plan re 83 Order on Motion to Amend/Correct by Bernard McKay. (Barton, R. Joseph) Modified on 12/21/2010 to remove incorrect filers. (lc)
December 16, 2010 Filing 85 MOTION (Stipulated Motion) to Modify Joint Scheduling Report and Discovery Plan re 83 Order on Motion to Amend/Correct by Bernard McKay. (Barton, R. Joseph) Modified on 12/21/2010 to remove incorrect filers. (lc)
December 16, 2010 Filing 84 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 12/16/2010. (jo)
October 27, 2010 Opinion or Order Filing 83 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #82 Motion to Modify the Scheduling Order. Discovery due by 1/19/2011. (AS)
October 27, 2010 Set/Reset Deadlines per text Order at #83: Discovery due by 1/19/2011. (lh)
October 26, 2010 Filing 82 MOTION to Amend/Correct #24 Scheduling Order AND DISCOVERY PLAN by Gary D. Tharaldson. (Enockson, Paul)
October 19, 2010 Filing 81 CERTIFICATE OF SERVICE by Bernard McKay re 80 Sealed Document (Ex. F - Email from Gwaltney to Moorhead re: Corporate Governance Claims, dated August 3, 2008) (Swanson, Robyn)
October 18, 2010 Filing 79 CERTIFICATE OF SERVICE by Bernard McKay re #77 Reply to Response to Motion,, #78 Affidavit (Swanson, Robyn)
October 18, 2010 Filing 78 AFFIDAVIT (Declaration of John G. Hommel, Dated October 8, 2010) re #77 Reply to Response to Motion,, by Bernard McKay. (Swanson, Robyn)
October 18, 2010 Filing 77 REPLY to Response to Motion re #36 MOTION to Certify Class (Reply In Support of Plaintiff's Motion For Class Certification) filed by Bernard McKay. (Attachments: #1 Exhibit F - Email From Gwaltney To Moorhead Re: Corporate Governance Claims Dated 8.03.2008, #2 Exhibit G - Memorandum In Support Of Proposed Stipulated Settlement (Redacted Version) Filed In Hans v. Tharaldson at Dkt. No. 369, #3 Exhibit H - Declaration of John G. Hommel (Redacted Version) Filed in Hans v. Tharaldson at Dkt. No. 370, #4 Exhibit I - Plaintiff Bernard McKay's Response To Defendant's First Set of Discovery Requests Dated 8.19.2010)(Swanson, Robyn)
October 18, 2010 Opinion or Order Filing 76 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #74 Motion for Leave to File Under Seal. (AS)
October 15, 2010 Filing 75 CERTIFICATE OF SERVICE by Bernard McKay (Certificate of Service Re #74 Motion To File Certain Document Under Seal) (Swanson, Robyn) Modified on 10/20/2010 to create a link to Motion for Leave to File Under Seal (lf).
October 15, 2010 Filing 74 MOTION for Leave to File Under Seal (Plaintiff's Unopposed Motion For Leave To File A Certain Document Under Seal In Support Of Plaintiff's Reply In Support Of Motion For Class Certification) by Bernard McKay. (Attachments: #1 Proposed Sealed Document A - Email From Gwaltney to Moorhead Re: Corporate Governance Claims Dated 8/03/08)(Swanson, Robyn)
October 12, 2010 Opinion or Order Filing 73 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #72 Motion for Extension of Time to File Reply as to #36 MOTION to Certify Class. Replies due by 10/18/2010. (NJM)
October 8, 2010 Filing 72 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class (Unopposed) by Bernard McKay. (Swanson, Robyn)
October 5, 2010 Filing 71 SUPPLEMENT to document: #68 Response to Motion, filed by Gary D. Tharaldson by Gary D. Tharaldson. (Attachments: #1 Roy Blassingame Depo Transcript Part 2, #2 Roy Blassingame Depo Transcript Part 3)(Collignon, Casie) Modified on 11/19/2010 to remove reference to exhibit in text. (rm)
September 21, 2010 Filing 70 NOTICE of Hearing: Status Conference set for 12/16/2010 at 10:30 AM Central Time by telephone before Magistrate Judge Karen K. Klein. Plaintiff to initiate the call; Chambers telephone number 701-297-7070(jo)
September 21, 2010 Filing 69 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Status Conference held on 9/21/2010. (jo)
September 14, 2010 Filing 68 RESPONSE to Motion re #36 MOTION to Certify Class filed by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Tharaldson Discovery Responses, #2 Exhibit B Part 1 - McKay Deposition Excerpts, #3 Exhibit B Part 2 - McKay Deposition Excerpts, #4 Exhibit C - Blassingame Deposition Excerpts)(Enockson, Paul)
September 9, 2010 Opinion or Order Filing 67 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #66 Motion for Extension of Time to File. Defendant's response to the motion for class certification is due by September 14, 2010. Plaintiff's reply is due by October 13, 2010. (AS)
September 8, 2010 Filing 66 MOTION for Extension of Time to File Unopposed Motion for a Three-Business-Day Extension of Time to File Opposition to Plaintiff's Motion for Class Certification by Gary D. Tharaldson. (Attachments: #1 proposed Order re Defendant Gary D. Tharaldson's Unopposed Motion for a Three-Business-Day Extension of Time to File Opposition to Plaintiff's Motion for Class Certification)(Collignon, Casie) Modified on 9/9/2010 to correct typographical error (lh).
September 2, 2010 Opinion or Order Filing 65 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #64 Motion for Extension of Time to File Reply as to #36 MOTION to Certify Class. Reply due by 10/12/2010. (AS)
September 1, 2010 Filing 64 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class Plaintiff's Unopposed Motion For Extension Of Time To File Reply In Support Of Plaintiff's Motion For Class Certification by Bernard McKay. (Swanson, Robyn)
August 31, 2010 Opinion or Order Filing 63 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #62 unopposed Motion for Extension of Time to File Response/Reply #36 MOTION to Certify Class. Responses due by 9/9/2010. (NJM)
August 30, 2010 Filing 62 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Certify Class by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Collignon, Casie)
August 26, 2010 Filing 61 NOTICE of Change of Address by Julia Campins (Campins, Julia)
August 11, 2010 Opinion or Order Filing 60 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #58 Stipulation to modify the scheduling order filed by Gary D. Tharaldson. Defendant's response to the motion for class certification is due by September 3, 2010. Plaintiff's reply, if any, is due by October 4, 2010. (AS)
August 11, 2010 Filing 59 MOTION for Hearing Joint Motion To Set A Hearing On Class Certification by Bernard McKay. (Swanson, Robyn)
August 10, 2010 Filing 58 STIPULATION re #24 Scheduling Order TO MODIFY THE JOINT SCHEDULING REPORT AND DISCOVERY PLAN by Gary D. Tharaldson. (Collignon, Casie)
August 3, 2010 Filing 57 CERTIFICATE OF SERVICE by Bernard McKay re 56 Sealed Document,,,,,,, (Sealed Exhibits filed in conjunction with Reply in Support of Plaintiff's Threshold Motion) (Swanson, Robyn)
August 3, 2010 Opinion or Order Filing 55 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #50 Motion for Leave to File Under Seal. (NJM)
August 2, 2010 Filing 54 CERTIFICATE OF SERVICE by Bernard McKay re #53 Reply to Response to Motion,,,,, (Reply in Support of Plaintiff's Threshold Motion) (Swanson, Robyn)
August 2, 2010 Filing 53 REPLY to Response to Motion re #29 MOTION to Adjudicate Defendant's Second, Third, Fourth, Fifth, Sixth & Eleventh Affirmative Defensse re #15 Answer to Complaint (Reply in Support of Plaintiff's Threshold Motion) filed by Bernard McKay. (Attachments: #1 Exhibit B - Email to McGowan from Zeller re: L. Tharaldson payment dated 8/15/07, #2 Exhibit C - Copy of McKay Transcript taken 7/22/2010, #3 Exhibit D - Letter from G. Tharaldson to TMI Board of Directors RE: Resignation as Trustee dated 9/12/06, #4 Exhibit E - Indemnification Agreement Signed by G. Tharaldson dated 7/6/05, #5 Exhibit F - Tharaldson Motels, Inc. Amended and Restated Articles of Incorporation dated 10/26/05, #6 Exhibit G - Amended and Restated By-Laws of Tharaldson Motels, Inc., #7 Exhibit H - Restated Certificate of Incorporation of Tharaldson Motels, Inc. dated 10/27/05, #8 Exhibit I - By-Laws of Tharaldson Motels Inc. Adopted by Resolution of the Board of Directors on Sept. 1, 1993, #9 Exhibit J - Authorizing Resolution and Minutes of Special Meeting of the Board of Directors of Tharaldson Motels Inc. dated 1/2/02, #10 Exhibit K - Tharaldson Motels Inc. Employee Stock Ownership Plan and Trust, #11 Exhibit L - Johnson v. Couturier Brief for the Secretary of Labor as Amicus Curiae dated 1/30/09)(Swanson, Robyn) Modified on 8/4/2010 to remove duplicate text and correct descriptions of attachments 2 and 11 (lh).
August 2, 2010 Filing 52 CERTIFICATE OF SERVICE by Bernard McKay re #50 MOTION for Leave to File Under Seal (Certain Exhibits in Support of Plaintiff's Reply in Support of Plaintiff's Threshold Motion to Adjudicate Defendant's Second, Third, Fifth, Sixth and Eleventh Affirmative Defenses), 51 Sealed Document (Additional Proposed Sealed Documents) (Swanson, Robyn) Modified on 8/4/2010 to remove duplicate docket text and add to description of 51 (lh).
August 2, 2010 Filing 50 MOTION for Leave to File Under Seal (Certain Exhibits in Support of Plaintiff's Reply in Support of Plaintiff's Threshold Motion to Adjudicate Defendant's Second, Third, Fifth, Sixth and Eleventh Affirmative Defenses) by Bernard McKay. (Attachments: #1 Proposed Sealed Document Exhibit 1 - Email to McGowan from Zeller re: L. Tharaldson payment dated 8/15/07, #2 Proposed Sealed Document Exhibit 2 (Pt. 1) - Copy of McKay Transcript taken 7/22/2010, #3 Proposed Sealed Document Exhibit 2 (Pt. 2) - Copy of McKay Transcript taken 7/22/2010, #4 Proposed Sealed Document Exhibit 3 - Letter from G. Tharaldson to TMI Board of Directors re: Resignation as Trustee dated 9/12/06, #5 Proposed Sealed Document Exhibit 4 - Indemnification Agreement Signed by G. Tharaldson dated 7/6/05, #6 Proposed Sealed Document Exhibit 5 - Tharaldson Motels, Inc. Amended and Restated Articles of Incorporation dated 10/26/05, #7 Proposed Sealed Document Exhibit 6 - Amended and Restated By-Laws of Tharaldson Motels, Inc.)(Swanson, Robyn) Modified on 8/4/2010 to correct date in description of attachments 2 and 3)(lh).
July 30, 2010 Opinion or Order Filing 49 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #48 Motion for Leave to File Excess Pages. (NJM)
July 29, 2010 Filing 48 MOTION for Leave to File Excess Pages Plaintiff's Unopposed Motion To Exceed Page Limitations On Reply Memorandum In Further Support Of Plaintiff's Threshold Motion by Bernard McKay. (Attachments: #1 Certificate of Service)(Swanson, Robyn)
July 23, 2010 Filing 47 NOTICE of Appearance by Robyn Swanson on behalf of Bernard McKay (Attachments: #1 Certificate of Service)(Swanson, Robyn)
July 15, 2010 Filing 46 RESPONSE to Motion re #29 MOTION to Adjudicate Defendant's Second, Third, Fourth, Fifth, Sixth & Eleventh Affirmative Defenses re #15 Answer to Complaint filed by Gary D. Tharaldson. (Enockson, Paul) Modified on 8/2/2010 to remove duplicate text. (rm)
July 13, 2010 Opinion or Order Filing 45 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #44 Motion for Extension of Time to File Response to Threshold Motion. Response due July 15, 2010. (NJM)
July 12, 2010 Filing 44 MOTION for Extension of Time to File Opposition to Plaintiff's Threshold Motion by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Collignon, Casie)
July 2, 2010 Opinion or Order Filing 42 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #34 Motion for Leave to File Under Seal. Plaintiff is directed to file the proposed sealed documents. (AS)
July 1, 2010 Filing 41 MOTION Joinder in Plainitff's Memorandum in Support of Motion for Class Certification re #36 MOTION to Certify Class by Bernard McKay. (Attachments: #1 Exhibit #1 Declaration of Roy Blassingame, #2 Exhibit #2 Declaration of Daniel Feinberg, #3 Exhibit #3 Certificate of Service)(Baker, Alan)
July 1, 2010 Filing 40 CERTIFICATE OF SERVICE by Bernard McKay re #36 MOTION to Certify Class, #37 Memorandum, #38 Affidavit, #39 Affidavit (Barton, R. Joseph) Modified on 7/14/2010 to add links to documents 37, 38 and 39. (rm)
July 1, 2010 Filing 39 AFFIDAVIT (Declaration of Bernard McKay) re #36 MOTION to Certify Class by Bernard McKay. (Barton, R. Joseph)
July 1, 2010 Filing 38 AFFIDAVIT (Declaration of R. Joseph Barton in Support of Plaintiff's Motion for Class Certification) re #36 MOTION to Certify Class by Bernard McKay. (Attachments: #1 Exhibit A - 3/28/98 Settlement Agreement Between Gary and Linda Tharaldson, #2 Exhibit B - Deposition of Linda Tharaldson in Hans v. Tharaldson (6/26/08), #3 Exhibit C (Pt. 1) Tharaldson Motels, Inc. Employee Stock Ownership Plan and Trust, #4 Exhibit C (Pt. 2) Tharaldson Motels, Inc. Employee Stock Ownership Plan and Trust, #5 Exhibit D - Form 5500 Annual Return/Report of Employee Benefit Plan for TMI ESOP 2008, #6 Exhibit E - Firm Resume of Cohen Milstein Sellers & Toll PLLC)(Barton, R. Joseph)
July 1, 2010 Filing 37 MEMORANDUM in Support re #36 MOTION to Certify Class filed by Bernard McKay. (Barton, R. Joseph)
July 1, 2010 Filing 36 MOTION to Certify Class by Bernard McKay. (Barton, R. Joseph)
July 1, 2010 Filing 35 CERTIFICATE OF SERVICE by Bernard McKay re #34 MOTION for Leave to File Under Seal (Motion for Leave to File Under Seal Certain Exhibits in Support of Plaintiff's Motion for Class Certification) (Barton, R. Joseph) Modified on 7/14/2010 to remove duplicate text. (rm)
July 1, 2010 Filing 34 MOTION for Leave to File Under Seal (Motion for Leave to File Under Seal Certain Exhibits in Support of Plaintiff's Motion for Class Certification) by Bernard McKay. (Attachments: #1 Proposed Sealed Document (Ex. A) 1998 Settlement Agreement Between Gary and Linda Tharaldson, #2 Proposed Sealed Document (Ex. B) 6/26/08 Transcript - Linda Tharaldson Deposition (pt 1), #3 Proposed Sealed Document (Ex. B) 6/26/08 Transcript - Linda Tharaldson Deposition (pt 2))(Barton, R. Joseph)
July 1, 2010 DOCKET CORRECTION re: 33 Motion. Wrong motion relief was selected; access to this entry has been restricted to court users only. Counsel re-filed motion at #34 using motion relief "Leave to File Under Seal" rather than "Seal Document". (lh)
June 29, 2010 Opinion or Order Filing 32 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #31 Stipulated Protective Order and Stipulation Regarding Production and Use of Documents & Depositions from Hans v. Tharaldson as the Protective Order of the Court. (NJM)
June 28, 2010 Filing 31 STIPULATION RE PROTECTIVE ORDER AND STIPULATION RE PRODUCTION AND USE OF DOCUMENTS AND DEPOSITIONS FROM HANS V. THARALDSON by Gary D. Tharaldson. (Attachments: #1 Exhibit A - Protective Order in Hans v Tharaldson case 10-25-05, #2 Exhibit B - Stipulated Amendment to Protective Order in Hans v Tharaldson case 05-18-06, #3 Exhibit C - Order Amending Protective Order in Hans v Tharaldson case 06-18-10, #4 Exhibit D - Order Amending Protective Order in Hans v Tharaldson case 06-28-10)(Enockson, Paul)
June 21, 2010 Filing 30 ANSWER to #1 Complaint by Tharaldson Motels Inc. Employee Stock Ownership Plan.(Albrecht, Kristy)
June 15, 2010 Filing 29 MOTION to Adjudicate Defendant's Second, Third, Fourth, Fifth, Sixth & Eleventh Affirmative Defenses re #15 Answer to Complaint by Bernard McKay. (Attachments: #1 Exhibit A - Def. Gary D. Tharaldson's Responses to Plaintiff's First Set of Interrogatories)(Barton, R. Joseph)
May 28, 2010 Filing 28 NOTICE of Hearing: Bench Trial set for Tuesday 1/24/2012 at 9:00 AM in Fargo in Courtroom 1 before Chief Judge Ralph R. Erickson. (Estimate: 4-5 days) (lc)
May 28, 2010 Filing 27 NOTICE of Hearing: Mid-Discovery Status Conference set for Tuesday, 9/21/2010 at 11:00 AM by telephone before Magistrate Judge Karen K. Klein. Plaintiff shall initiate the call. (lc)
May 28, 2010 Opinion or Order Filing 26 ORDER by Magistrate Judge Karen K. Klein: Settlement Conference set for Tuesday, 1/10/2012 at 10:30 AM immediately following the Final Pretrial Conference in Chambers before Magistrate Judge Karen K. Klein.(lc)
May 28, 2010 Opinion or Order Filing 25 ORDER by Magistrate Judge Karen K. Klein: Final Pretrial Conference set for Tuesday, 1/10/2012 at 10:30 AM in Chambers before Magistrate Judge Karen K. Klein.(lc)
May 28, 2010 Opinion or Order Filing 24 SCHEDULING ORDER by Magistrate Judge Karen K. Klein: Amended Pleadings due by 10/1/2010. Discovery due by 11/19/2010. Expert Witness List due by 3/21/2011. Joinder of Parties due by 10/1/2010. Motions due by 7/15/2011.(lc)
May 27, 2010 Filing 23 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Scheduling Conference held on 5/27/2010. (jo)
May 27, 2010 Opinion or Order Filing 22 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein adopting #20 Stipulation filed by Bernard McKay, Tharaldson Motels Inc. Employee Stock Ownership Plan regarding waiver of service and response of the nominal defendant. (NJM)
May 27, 2010 Opinion or Order Filing 21 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #14 Motion to Lift Stay and Proceed with Scheduling. (NJM)
May 19, 2010 Filing 20 STIPULATION Regarding Waiver of Service and Response of Nominal Defendant by Bernard McKay, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Barton, R. Joseph)
May 19, 2010 Filing 19 NOTICE of Hearing: Scheduling Conference set for Thursday, 5/27/2010 at 11:00 AM by telephone before Magistrate Judge Karen K. Klein, plaintiff to initiate the call. (NJM)
May 14, 2010 DOCKET CORRECTION re: document #18 (Joint Scheduling Report & Discovery Plan)- does not get filed and should be sent to Magistrate Judge Klein's Chambers e-mail address for the Scheduling/Discovery Conference that the court sets. (jo)
May 11, 2010 Filing 18 *FILED IN ERROR* STATUS REPORT (Joint Scheduling Report and Discovery Plan) by Bernard McKay, Gary D. Tharaldson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Barton, R. Joseph) Modified on 5/17/2010 to restrict access; the proposed scheduling report shall be submitted to chambers via email per the Court's order for Rule 16(b) scheduling conference which has not yet been set in this matter (lh).
April 14, 2010 Filing 17 Summons Reissued as to Tharaldson Motels Inc. Employee Stock Ownership Plan. NOTE: Summons reissued per request of plaintiff on 04/14/2010. (lc)
April 8, 2010 Filing 16 NOTICE of Appearance by Michael S. Raum on behalf of Gary D. Tharaldson (Raum, Michael)
March 12, 2010 Filing 15 ANSWER to #1 Complaint by Gary D. Tharaldson.(Enockson, Paul)
February 12, 2010 Filing 14 MOTION Lift Stay, Set Answer/Response Deadline, and Submit Scheduling/Discovery Plan by Bernard McKay, Gary D. Tharaldson, Tharaldson Motels Inc. Employee Stock Ownership Plan. (Enockson, Paul)
May 14, 2009 Opinion or Order Filing 13 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #12 Motion for Leave to Appear pro hac vice to attorney Marc I. Machiz. (NJM)
May 13, 2009 Filing 12 MOTION for Leave to Appear Pro Hac Vice Attorney: Marc I. Machiz by Bernard McKay. (lf)
April 6, 2009 Opinion or Order Filing 11 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #10 Motion for Extension of Time to File Answer re #1 Complaint by Gary D. Tharaldson. The Defendant's Answer shall be due 30 days after this Court has entered a final Order on the proposed settlement in Hans, et al. v. Tharaldson, et al., Case No. 3:05-cv-115. (AS)
April 2, 2009 Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint by Gary D. Tharaldson. (Attachments: #1 Proposed Order)(Enockson, Paul)
April 1, 2009 Opinion or Order Filing 9 ORDER by Magistrate Judge Charles S. Miller, Jr. granting #6 Motion for Leave to Appear pro hac vice (Casie D. Collignon); granting #7 Motion for Leave to Appear pro hac vice (John B. Moorhead); and granting #8 Motion for Leave to Appear pro hac vice (Paul S. Enockson). (BG) Distributed on 4/1/2009 (ks).
March 27, 2009 Filing 8 MOTION for Leave to Appear Pro Hac Vice Attorney: Paul S. Enockson by Gary D. Tharaldson ($100 filing fee pending via overnight mail). (rm)
March 27, 2009 Filing 7 MOTION for Leave to Appear Pro Hac Vice Attorney: John B. Moorhead by Gary D. Tharaldson ($100 filing fee pending via overnight mail). (rm)
March 27, 2009 Filing 6 MOTION for Leave to Appear Pro Hac Vice Attorney: Casie D. Collignon by Gary D. Tharaldson ($100 filing fee pending via overnight mail). (rm)
February 17, 2009 Filing 5 WAIVER OF SERVICE Returned Executed by Bernard McKay. Gary D. Tharaldson waiver sent on 2/13/2009, answer due 4/14/2009. (Rinaldi, Bruce)
November 24, 2008 Opinion or Order Filing 4 ORDER (TEXT ONLY) by Magistrate Judge Karen K. Klein granting #3 Motion for Leave to Appear pro hac vice by attorney Bruce F. Rinaldi. (NJM)
November 20, 2008 Filing 3 MOTION for Leave to Appear Pro Hac Vice Attorney: Bruce F. Rinaldi filed by Bernard McKay. (lc)
November 13, 2008 Filing 2 Summons Issued as to Gary D. Tharaldson and Tharaldson Motels Inc. Employee Stock Ownership Plan. (lc) Modified on 4/14/2010: SEE Summons Reissued as to defendant Tharaldson Motels Inc. Employee Stock Ownership Plan at #17 . (lc)
November 13, 2008 Filing 1 COMPLAINT against all defendants filed by Bernard McKay. (Filing fee $350 PAID) (Attachments: #1 Civil Cover Sheet)(lc)

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Interested party: Roy Blassingame
Represented By: Daniel M. Feinberg
Represented By: Julia Campins
Represented By: Jeffrey G. Lewis
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Defendant: Gary D. Tharaldson
Represented By: Robert B. Stock
Represented By: Michael S. Raum
Represented By: Casie D. Collignon
Represented By: Paul S. Enockson
Represented By: John B. Moorhead
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Defendant: Tharaldson Motels Inc. Employee Stock Ownership Plan
Represented By: Kristy L. Albrecht
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Plaintiff: Bernard McKay
Represented By: Bruce F. Rinaldi
Represented By: R. Joseph Barton
Represented By: Alan Baker
Represented By: Robyn Swanson
Represented By: Stacey Elizabeth Tjon Bossart
Represented By: Marc I. Machiz
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