Romantix-Fargo, Inc. v. City of Fargo et al
Plaintiff: Romantix-Fargo, Inc.
Defendant: City of Fargo, Nicole Crutchfield and Fargo, City of
Case Number: 3:2022cv00183
Filed: October 26, 2022
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2022 Set/Reset Deadlines as to #17 MOTION to Dismiss for Failure to State a Claim . Response due by 1/6/2023 (jb)
December 22, 2022 Opinion or Order Filing 30 ORDER by Chief Judge Peter D. Welte denying #10 Motion for Preliminary Injunction; denying #21 Motion for TRO; and, denying 23 Motion to Expedite. (EA)
December 20, 2022 Filing 29 REPLY to Response to Motion re 23 MOTION to Expedite, #21 MOTION for Temporary Restraining Order EMERGENCY filed by Romantix-Fargo, Inc.. (Attachments: #1 Exhibit X - Second Declaration of Harjit Gill, #2 Exhibit Y - IBC Section 303)(Hoffer, Matthew)
December 20, 2022 DOCKET CORRECTION re: #28 Notice (Notice of Filing Affidavits). Clerk's office removed 'Exhibit' references. (jb)
December 19, 2022 Filing 28 NOTICE by Nicole Crutchfield, Fargo, City of re 18 Response to Motion, #26 Response to Motion Notice of Filing Affidavits (Attachments: #1 Affidavit of Nicole Crutchfield, #2 Declaration of Christine Rose)(Bergthold, Scott) Modified on 12/20/2022 to remove exhibit reference. (jb)
December 19, 2022 Filing 27 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 12/19/2022. (DR #221219-000romantix) (lh)
December 19, 2022 Filing 26 RESPONSE to Motion re 23 MOTION to Expedite, #21 MOTION for Temporary Restraining Order EMERGENCY filed by Nicole Crutchfield, Fargo, City of. (Bergthold, Scott)
December 16, 2022 Filing 25 NOTICE of Hearing: Status Conference set for 12/19/2022 at 11:00 AM by telephone before Chief Judge Peter D. Welte. Chambers provided counsel the conference call dial-in information via email. (EA)
December 14, 2022 Filing 24 REPLY to Response to Motion re #10 MOTION for Preliminary Injunction filed by Romantix-Fargo, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit T - Slide from City's Presentation to Board of Adjustment, #3 Exhibit U - 2021 International Building Code Section 302, #4 Exhibit V - Declaration of Nachhattar Gill with Exhibit, #5 Exhibit W - Declaration of Harjit Gill)(Hoffer, Matthew)
December 14, 2022 DOCKET CORRECTION re: #21 Motion for Temporary Restraining Order. Multiple relief document filed as one relief. Clerk's Office filed Motion to Expedite at 23 . (cjs)
December 13, 2022 Filing 23 MOTION to Expedite by Romantix-Fargo, Inc.. See document #21 . (cjs)
December 13, 2022 Filing 22 MEMORANDUM in Support re #21 MOTION for Temporary Restraining Order EMERGENCY filed by Romantix-Fargo, Inc.. (Attachments: #1 Exhibit Q - Planning Commission Agenda for 12/6/2022, #2 Exhibit R - Proposed Text Amendments to Fargo Land Development Code, #3 Exhibit S - City Commission Agenda for 12/12/2022)(Hoffer, Matthew)
December 13, 2022 Filing 21 MOTION for Temporary Restraining Order EMERGENCY by Romantix-Fargo, Inc.. (Hoffer, Matthew)
December 9, 2022 Opinion or Order Filing 20 (TEXT ONLY) ORDER by Magistrate Judge Alice R. Senechal granting #19 Unopposed Motion for Extension of Time to File Reply. Plaintiff's Reply to 18 Defendant's Response to #10 MOTION for Preliminary Injunction due by 12/14/2022. (KT) Modified to clarify docket text on 12/9/2022. NEF regenerated (sc).
December 9, 2022 Filing 19 MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction by Consent by Romantix-Fargo, Inc.. (Hoffer, Matthew)
December 2, 2022 Filing 18 RESPONSE to Motion re #10 MOTION for Preliminary Injunction filed by Nicole Crutchfield, Fargo, City of. See document #17 -1. (mf)
December 2, 2022 Filing 17 MOTION to Dismiss for Failure to State a Claim by Nicole Crutchfield, Fargo, City of. (Attachments: #1 Brief in Support of Motion to Dismiss and Response Opposing Motion for Preliminary Injunction, #2 Exhibit 1, Certified Records)(Bergthold, Scott)
December 2, 2022 Filing 16 NOTICE of Appearance by Scott D Bergthold on behalf of Nicole Crutchfield, Fargo, City of (Bergthold, Scott)
November 17, 2022 Opinion or Order Filing 15 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per the parties' agreement, as stated in a November 17, 2022 email, defendants' answer to plaintiff's #1 Complaint and response to plaintiff's #10 MOTION for Preliminary Injunction are due by December 2, 2022. (AS)
November 8, 2022 Opinion or Order Filing 14 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #12 Motion for Leave to File Excess Pages. (AS)
November 7, 2022 Filing 13 Corporate Disclosure Statement by Romantix-Fargo, Inc. identifying Corporate Parent Progressive Retail Management, Inc. for Romantix-Fargo, Inc... (Hoffer, Matthew)
November 7, 2022 Filing 12 MOTION for Leave to File Excess Pages re Memorandum in Support #11 of Motion for Preliminary Injunction by Romantix-Fargo, Inc.. (Hoffer, Matthew)
November 7, 2022 Filing 11 MEMORANDUM in Support re #10 MOTION for Preliminary Injunction filed by Romantix-Fargo, Inc.. (Hoffer, Matthew)
November 7, 2022 Filing 10 MOTION for Preliminary Injunction by Romantix-Fargo, Inc.. (Hoffer, Matthew)
November 3, 2022 DOCKET CORRECTION re: #6 and #7 SUMMONS Returned Executed. Wrong event selected. Clerk's Office restricted access to documents and refiled at #8 and #9 as Certificates of Service. (sj)
November 1, 2022 Filing 9 CERTIFICATE OF SERVICE by Romantix-Fargo, Inc. re #4 Notice (Other), #1 Complaint, #2 Summons Issued, #3 Supplement. (sj)
November 1, 2022 Filing 8 CERTIFICATE OF SERVICE by Romantix-Fargo, Inc. re #4 Notice (Other), #1 Complaint #2 Summons Issued, #3 Supplement. (sj)
November 1, 2022 Filing 7 *RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Romantix-Fargo, Inc.. Fargo, City of served on 10/31/2022, answer due 11/21/2022 (Williams, Benjamin) Modified on 11/3/2022 to restrict access. (sj).
November 1, 2022 Filing 6 *RESTRICTED - WRONG EVENT SELECTED* SUMMONS Returned Executed by Romantix-Fargo, Inc.. Nicole Crutchfield served on 10/31/2022, answer due 11/21/2022 (Williams, Benjamin) Modified on 11/3/2022 to restrict access. (sj).
October 31, 2022 Filing 5 NOTICE of Appearance by Howard D. Swanson on behalf of Fargo, City of, Nicole Crutchfield (Swanson, Howard)
October 28, 2022 Filing 4 NOTICE by Romantix-Fargo, Inc. Notice of Appeal of Decision of Local Governing Body (Williams, Benjamin)
October 26, 2022 Filing 3 SUPPLEMENT (Conventionally filed) to document: #1 Complaint. USB Drive containing Exhibit H: Video Recording of Zoom Conference Porter, Williams, Mahoney and Exhibit N: Video Recording of Board of Adjustment Proceedings filed conventionally. (Attachments: #1 Letter from Kennelly Business Law, #2 Mailing Envelope)(sc) Modified to add conventionally filed note on 11/16/2022 (sc).
October 26, 2022 Filing 2 Summons Issued as to City of Fargo, Nicole Crutchfield. (sc)
October 26, 2022 Filing 1 COMPLAINT against City of Fargo, Nicole Crutchfield (Filing fee $402, receipt number 300000190) filed by Romantix-Fargo, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits to Complaint, #3 Exhibit A: Chapter 20 - Land Development Code, #4 Exhibit B: Email Between Bradley J. Reich and Kylie Bagley, #5 Exhibit C: Bagley's Email to Reich, #6 Exhibit D: Zoning Confirmation Letter, #7 Exhibit E: Reich's Email to Kress, #8 Exhibit F: Porter's Email to Williams, #9 Exhibit G: Porter's Email to Williams (second), #10 Exhibit H: Placeholder for Video Recording of Zoom Conference Porter, Williams, Mahoney, #11 Exhibit I: Porter's Emails to Williams, #12 Exhibit J: Porter's Email to Williams and Crutchfield, #13 Exhibit K: Porter's Email to Crutchfield, #14 Exhibit L: Crutchfield's Denial Letter, #15 Exhibit M: Romantix-Fargo's Appeal of an Administrative Decision (Exhibits Omitted), #16 Exhibit N: Placeholder for Video Recording of Board of Adjustment Proceedings, #17 Exhibit O: Romantix-Fargo's Appeal of a Board of Adjustment Decision (Exhibits Omitted), #18 Exhibit P: Site Review and Photographs of Enchantasys Locations)(sc)

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Plaintiff: Romantix-Fargo, Inc.
Represented By: Benjamin J. Williams
Represented By: Matthew J Hoffer
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Defendant: City of Fargo
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Defendant: Nicole Crutchfield
Represented By: Howard D. Swanson
Represented By: Scott D Bergthold
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Defendant: Fargo, City of
Represented By: Scott D Bergthold
Represented By: Howard D. Swanson
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