Dakota Energy Cooperative, Inc. v. East River Electric Power Cooperative, Inc.
Plaintiff: Dakota Energy Cooperative, Inc.
Defendant: East River Electric Power Cooperative, Inc.
Petitioner: Dave Eide, Pat Doak, Ruth Ann Hanson, Twyla Folk, Jim Propst and Douglas Hart
Intervenor: Basin Electric Power Cooperative
Case Number: 4:2020cv04192
Filed: December 7, 2020
Court: US District Court for the District of South Dakota
Presiding Judge: Lawrence L Piersol
Nature of Suit: Contract: Other Contract
Cause of Action: 28 U.S.C. ยง 1442 Petition for Removal- Breach of Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2022 Opinion or Order Filing 185 TRANSCRIPT of Proceedings re #181 Motion Hearing, held on 3-29-22 before Judge Piersol. Court Reporter: Carla Dedula, Telephone number: 1605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 7/15/2022. (Dedula, Carla)
April 11, 2022 Opinion or Order Filing 184 JUDGMENT. Signed by U.S. District Judge Lawrence L. Piersol on 04/11/2022. (VMM)
April 11, 2022 Opinion or Order Filing 183 MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT. Signed by U.S. District Judge Lawrence L. Piersol on 04/11/2022. (VMM) Modified text on 4/11/2022 (VMM).
April 1, 2022 Opinion or Order Filing 182 RESPONSE to #180 Notice Defendant East River's Supplemental Authority filed by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
March 29, 2022 Opinion or Order Filing 181 Motion Hearing held on 3/29/2022 re #112 MOTION for SUMMARY JUDGMENT filed by East River Electric Power Cooperative, Inc., #108 MOTION for SUMMARY JUDGMENT filed by Basin Electric Power Cooperative before U.S. District Judge Lawrence L. Piersol.. (Court Reporter: Carla Dedula) (DJP)
March 28, 2022 Opinion or Order Filing 180 NOTICE of Supplemental Authority Regarding East River Electric Power Cooperative, Inc.'s Motion for Summary Judgment (Attachments: #1 Exhibit Order from South Carolina)(Palmer, Dana) Modified on 3/29/2022 to add text (KLE).
March 24, 2022 Opinion or Order Filing 179 RESPONSE to #176 Response to Motion, filed by Basin Electric Power Cooperative. (Moore, Meredith)
March 21, 2022 Opinion or Order Filing 178 RESPONSE to #112 Motion for Summary Judgment, #108 Motion for Summary Judgment Third Supplemental filed by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
March 18, 2022 Opinion or Order Filing 177 RESPONSE to #175 Response to Motion, filed by Basin Electric Power Cooperative. (Attachments: #1 Exhibit A - Discovery Responses) (Moore, Meredith)
March 18, 2022 Opinion or Order Filing 176 RESPONSE to Motion re #112 MOTION for SUMMARY JUDGMENT , #108 MOTION for SUMMARY JUDGMENT Second Supplemental filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Testimony of Witness Golino) (Schoenbeck, Lee)
March 16, 2022 Opinion or Order Filing 175 RESPONSE to Motion re #112 MOTION for SUMMARY JUDGMENT , #108 MOTION for SUMMARY JUDGMENT Supplemental filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Order Regarding Discovery) (Schoenbeck, Lee)
March 9, 2022 Opinion or Order Filing 174 ORDER. Supplemental Brief by Dakota Energy due on or before 03/21/2022. Signed by U.S. District Judge Lawrence L. Piersol on 03/09/2022. (VMM)
March 1, 2022 Opinion or Order Filing 173 SCHEDULING ORDER: Telephonic Motion Hearing set for 3/29/2022 at 02:00 PM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Lawrence L. Piersol Signed by U.S. District Judge Lawrence L. Piersol on 03/01/2022. (VMM)
February 25, 2022 Opinion or Order Filing 172 Letter to Judge Piersol. (Palmer, Dana)
February 25, 2022 Opinion or Order Filing 171 RESPONSE to #168 Order, filed by Basin Electric Power Cooperative. (Moore, Meredith)
February 25, 2022 Opinion or Order Filing 170 RESPONSE to #168 Order, filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
February 25, 2022 Opinion or Order NOTICE of Filing Error: #169 Response was filed in error and should be disregarded. (Erickson, Joseph)
February 24, 2022 Opinion or Order Filing 169 (FILED IN ERROR) RESPONSE to #168 Order, filed by Dakota Energy Cooperative, Inc. (Erickson, Joseph) Modified on 2/25/2022 (CLR).
February 23, 2022 Opinion or Order Filing 168 ORDER holding in abeyance #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. Signed by U.S. District Judge Lawrence L. Piersol on 2/23/22. (SLW)
February 11, 2022 Opinion or Order Filing 167 Notice of Withdrawal of Attorney by Dakota Energy Cooperative, Inc.. Attorney Webster C. Cash, III terminated. (Schoenbeck, Lee)
February 8, 2022 Opinion or Order Filing 166 SEALED Document re #158 Reply to Motion Response. Sealed pursuant to protective order. (SLW)
February 8, 2022 Opinion or Order Filing 165 SEALED Document re #161 Reply. Sealed pursuant to protective order (SLW)
February 8, 2022 Opinion or Order Filing 164 DECLARATION of Dana Van Beek Palmer re #163 Response, #162 Reply . (Attachments: #1 Exhibit B Felderman deposition, relevant portions, #2 Exhibit C Dakota_000598, meeting notes 1/22/19, #3 Exhibit D Ryken deposition, relevant portions, #4 Exhibit E Boyko deposition, relevant portions, #5 Exhibit F Raatz deposition, relevant portions, #6 Exhibit G Ringelstetter Ennis deposition, relevant portions) (Palmer, Dana)
February 8, 2022 Opinion or Order Filing 163 RESPONSE to #145 Statement of Material Facts filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
February 8, 2022 Opinion or Order Filing 162 REPLY to #112 Motion for Summary Judgment filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
February 8, 2022 Opinion or Order Filing 161 REPLY to #138 Statement of Material Facts filed by Basin Electric Power Cooperative. (Moore, Meredith)
February 8, 2022 Opinion or Order Filing 160 AFFIDAVIT of Matthew D. LaBrie re #137 Response to Motion . (Attachments: #1 Exhibit A - Email string) (Moore, Meredith)
February 8, 2022 Opinion or Order Filing 159 AFFIDAVIT of Meredith A. Moore re #137 Response to Motion . (Attachments: #1 Exhibit 26 - Placeholder - filed under seal pursuant to Protective Order, #2 Exhibit 27 - Excerpts of Raatz deposition transcript, #3 Exhibit 28 - Excerpts of Felderman deposition transcript, #4 Exhibit 29 - Excerpts of Ryken deposition transcript, #5 Exhibit 30 - Excerpts of Boyko deposition transcript) (Moore, Meredith) (Attachment 1 replaced on 2/9/2022) (SLW).
February 8, 2022 Opinion or Order Filing 158 REPLY to #137 Response to Motion filed by Basin Electric Power Cooperative. (Moore, Meredith)
February 8, 2022 Opinion or Order Filing 157 DECLARATION of Dana Van Beek Palmer re #156 Reply . (Attachments: #1 Exhibit Ringelstetter Ennis deposition, relevant portions) (Palmer, Dana)
February 8, 2022 Opinion or Order Filing 156 REPLY to #122 Motion to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
February 1, 2022 Opinion or Order Filing 155 ORDER granting #153 Motion for Admission Pro Hac Vice of Attorney Lisa T. Simpson for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on 02/01/2022. (VMM)
February 1, 2022 Opinion or Order Filing 154 Notice of Withdrawal of Attorney by Basin Electric Power Cooperative. Attorney Elyse D. Echtman terminated. (Moore, Meredith)
January 31, 2022 Opinion or Order Filing 153 MOTION for Attorney Lisa T. Simpson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3716991) by Basin Electric Power Cooperative. (Moore, Meredith)
January 27, 2022 Opinion or Order Filing 152 RESPONSE to Motion re #112 MOTION for SUMMARY JUDGMENT , #108 MOTION for SUMMARY JUDGMENT Plaintiff's Corrected Citation of Supplemental Authority filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Opinion in McKenzie v. Basin) (Erickson, Joseph)
January 26, 2022 Opinion or Order Filing 151 RESPONSE to Motion re #112 MOTION for SUMMARY JUDGMENT , #108 MOTION for SUMMARY JUDGMENT Plaintiff's Citation of Supplemental Authority filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Opinion in McKenzie v. Basin) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 150 AFFIDAVIT in Opposition re #112 MOTION for SUMMARY JUDGMENT of Peter W. Herzog filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 149 RESPONSE to #112 Motion for Summary Judgment to Defendant's Statement of Undisputed Material Facts filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 148 AFFIDAVIT in Opposition re #112 MOTION for SUMMARY JUDGMENT of Sandra Ringelstetter filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Ringelstetter Expert Report, #2 Exhibit B - Ringelstetter Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 147 AFFIDAVIT in Opposition re #112 MOTION for SUMMARY JUDGMENT of Karl Rabago filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Rabago Expert Report, #2 Exhibit B - Rabago Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 146 AFFIDAVIT in Opposition re #112 MOTION for SUMMARY JUDGMENT of Joel S. Neckers filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit 1 - David Allen depo excerpts, #2 Exhibit 2 - 7 C.F.R. 1786.163, #3 Exhibit 3 - 59 FR 13616-01, #4 Exhibit 4 - James Ryken deposition excerpts, #5 Exhibit 5 - Thomas Boyko deposition excerpts, #6 Exhibit 6 - Chad Felderman deposition exhibits, #7 Exhibit 7 - Dakota Board Resolution 2018-02, #8 Exhibit 8 - Daniel Webster deposition excerpts, #9 Exhibit 9 - Boyko email to Paul Sukut, #10 Exhibit 10 - Boyko email to Dave Raatz, #11 Exhibit 11 - Boyko email to Brad Nebergall, #12 Exhibit 12 - Boyko email to Paul Sukut from 10-11-18, #13 Exhibit 13 - ER0001385-1386, #14 Exhibit 14 - Basin Buyout Resolution, #15 Exhibit 15 - Basin Letter to Class A Members, #16 Exhibit 16 - David Raatz deposition excerpts, #17 Exhibit 17 - Boyko email to Ryken, #18 Exhibit 18 - Ryken letter to Dakota Energy, #19 Exhibit 19 - Soyland letter, #20 Exhibit 20 - Soyland Member Withdrawal, #21 Exhibit 21 - Credit Agreement, #22 Exhibit 22 - Ringelstetter deposition excerpts, #23 Exhibit 23 - Rabago deposition excerpts, #24 Exhibit 24 - Basin's website, #25 Exhibit 25 - Basin Board Policy 15, #26 Exhibit 26 - Chimney Rock case, #27 Exhibit 27 - Tri-State case, #28 Exhibit 28 - Tri-State Generation case, #29 Exhibit 29 - Complaint in Basic v. Tri-State, #30 Exhibit 30 - McBride deposition excerpts, #31 Exhibit 31 - Peltier deposition excerpts) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 145 STATEMENT OF DISPUTED MATERIAL FACTS re #112 Motion for Summary Judgment filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 144 RESPONSE to Motion re #112 MOTION for SUMMARY JUDGMENT filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Chart of evidence) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 143 AFFIDAVIT in Opposition re #108 MOTION for SUMMARY JUDGMENT in Support of Plaintiff's Alternative Request filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 142 RESPONSE to #108 Motion for Summary Judgment to Intervenor's Statement of Undisputed Material Facts filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 141 AFFIDAVIT in Opposition re #108 MOTION for SUMMARY JUDGMENT filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Ringelstetter Expert Report, #2 Exhibit B - Ringelstetter Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 140 AFFIDAVIT in Opposition re #108 MOTION for SUMMARY JUDGMENT filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Rabago Expert Report, #2 Exhibit B - Rabago Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 139 AFFIDAVIT in Opposition re #108 MOTION for SUMMARY JUDGMENT filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit 1 - David Allen depo excerpts, #2 Exhibit 2 - 7 C.F.R. 1786.163, #3 Exhibit 3 - 59 FR 13616-01, #4 Exhibit 4 - James Ryken deposition excerpts, #5 Exhibit 5 - Thomas Boyko deposition excerpts, #6 Exhibit 6 - Chad Felderman deposition exhibits, #7 Exhibit 7 - Dakota Board Resolution 2018-02, #8 Exhibit 8 - Daniel Webster deposition excerpts, #9 Exhibit 9 - Boyko email to Paul Sukut, #10 Exhibit 10 - Boyko email to Dave Raatz, #11 Exhibit 11 - Boyko email to Brad Nebergall, #12 Exhibit 12 - Boyko email to Paul Sukut from 10-11-18, #13 Exhibit 13 - ER0001385-1386, #14 Exhibit 14 - Basin Buyout Resolution, #15 Exhibit 15 - Basin Letter to Class A Members, #16 Exhibit 16 - David Raatz deposition excerpts, #17 Exhibit 17 - Boyko email to Ryken, #18 Exhibit 18 - Ryken letter to Dakota Energy, #19 Exhibit 19 - Soyland letter, #20 Exhibit 20 - Soyland Member Withdrawal, #21 Exhibit 21 - Credit Agreement, #22 Exhibit 22 - Ringelstetter deposition excerpts, #23 Exhibit 23 - Rabago deposition excerpts, #24 Exhibit 24 - Basin's website, #25 Exhibit 25 - Basin Board Policy 15, #26 Exhibit 26 - Chimney Rock case, #27 Exhibit 27 - Tri-State case, #28 Exhibit 28 - Tri-State Generation case, #29 Exhibit 29 - Complaint in Basic v. Tri-State, #30 Exhibit 30 - McBride deposition excerpts, #31 Exhibit 31 - Peltier deposition excerpts) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 138 STATEMENT OF DISPUTED MATERIAL FACTS re #108 Motion for Summary Judgment filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 137 RESPONSE to Motion re #108 MOTION for SUMMARY JUDGMENT filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Chart of evidence) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 136 AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Ringelstetter Expert Report, #2 Exhibit B - Ringelstetter Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 135 AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Rabago Expert Report, #2 Exhibit B - Rabago Sur-Rebuttal Expert Report) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 134 AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit 1 - Soyland Power Letter to FERC, #2 Exhibit 2 - Rabago deposition excerpts, #3 Exhibit 3 - Ringelstetter deposition excerpts, #4 Exhibit 4 - Basin and ERP's Joint Expert Witness Disclosures) (Erickson, Joseph)
January 25, 2022 Opinion or Order Filing 133 [FILED IN ERROR] AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Ringelstetter Expert Report, #2 Exhibit B - Ringelstetter Sur-Rebuttal Expert Report) (Erickson, Joseph) Modified on 1/25/2022 (CLR).
January 25, 2022 Opinion or Order Filing 132 [FILED IN ERROR] AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Rabago Expert Report, #2 Exhibit B - Rabago Sur-Rebuttal Expert Report) (Erickson, Joseph) Modified on 1/25/2022 (CLR).
January 25, 2022 Opinion or Order Filing 131 [FILED IN ERROR] AFFIDAVIT in Opposition re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit 1 - Soyland Power Letter to FERC, #2 Exhibit 2 - Rabago deposition excerpts, #3 Exhibit 3 - Ringelstetter deposition excerpts, #4 Exhibit 4 - Basin and ERP's Joint Expert Witness Disclosures) (Erickson, Joseph) Modified on 1/25/2022 (CLR).
January 25, 2022 Opinion or Order Filing 130 RESPONSE to Motion re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 25, 2022 Opinion or Order NOTICE of Filing Error: #132 Affidavit in Opposition to Motion, was filed in error and should be disregarded. (Erickson, Joseph)
January 25, 2022 Opinion or Order NOTICE of Filing Error: #133 Affidavit in Opposition to Motion, was filed in error and should be disregarded. (Erickson, Joseph)
January 25, 2022 Opinion or Order NOTICE of Filing Error: #131 Affidavit in Opposition to Motion, was filed in error and should be disregarded. (Erickson, Joseph)
January 19, 2022 Opinion or Order Filing 129 ORDER denying #126 Motion to Stay. Signed by U.S. District Judge Lawrence L. Piersol on 01/19/2022. (VMM)
January 10, 2022 Opinion or Order Filing 128 DECLARATION of Michael L. Luce re #127 Response . (Attachments: #1 Exhibit A - Joel Neckers June 11, 2021 Email) (Luce, Michael)
January 10, 2022 Opinion or Order Filing 127 RESPONSE to #126 Motion to Stay filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. (Luce, Michael)
January 3, 2022 Opinion or Order Filing 126 MOTION to Stay re #97 Order on Motion for Miscellaneous Relief by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
December 22, 2021 Opinion or Order Filing 125 ORDER denying #98 Objection to Magistrate Judge Order. Signed by U.S. District Judge Lawrence L. Piersol on 12/22/21. (SLW)
December 20, 2021 Opinion or Order Filing 124 ORDER granting #107 Motion for Admission Pro Hac Vice of Attorney Andrew D. Silverman for Basin Electric Power Cooperative,Andrew D. Silverman for Basin Electric Power Cooperative,Andrew D. Silverman for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on 12/20/21. (SLW)
December 16, 2021 Opinion or Order Filing 123 MEMORANDUM in Support re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 16, 2021 Opinion or Order Filing 122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 16, 2021 Opinion or Order Filing 121 (FILED IN ERROR) MEMORANDUM in Support re #120 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc. (Palmer, Dana) Modified on 12/16/2021 (CLR).
December 16, 2021 Opinion or Order Filing 120 (FILED IN ERROR) Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. (Palmer, Dana) Modified on 12/16/2021 (CLR).
December 16, 2021 Opinion or Order NOTICE of Filing Error: #118 Memorandum in Support of Motion was filed in error and should be disregarded. (Palmer, Dana)
December 16, 2021 Opinion or Order NOTICE of Filing Error: #120 Motion to Exclude was filed in error and should be disregarded. (Palmer, Dana)
December 16, 2021 Opinion or Order NOTICE of Filing Error: #121 Memorandum in Support of Motion was filed in error and should be disregarded. (Palmer, Dana)
December 16, 2021 Opinion or Order NOTICE of Filing Error: #117 Motion to Exclude was filed in error and should be disregarded. (Palmer, Dana)
December 15, 2021 Opinion or Order Filing 119 DECLARATION of Dana Van Beek Palmer re #122 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS . (Attachments: #1 Exhibit A - May 24, 2021 Status Conference transcript, #2 Exhibit B - Karl Rabago deposition transcript, #3 Exhibit C - Karl Rabago Expert Report, #4 Exhibit D - Karl Rabago Surrebuttal Expert Report, #5 Exhibit E - Sandra Ringelstetter Ennis deposition transcript, #6 Exhibit F - Sandra Ringelstetter Ennis Expert Report) (Palmer, Dana) Modified to update link on 1/4/2022 (SLW).
December 15, 2021 Opinion or Order Filing 118 (FILED IN ERROR) MEMORANDUM in Support re #117 Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc. (Palmer, Dana) Modified on 12/16/2021 (CLR).
December 15, 2021 Opinion or Order Filing 117 (FILED IN ERROR) Joint MOTION to Exclude THE TESTIMONY OF KARL RABAGO AND SANDRA RINGELSTETTER ENNIS by East River Electric Power Cooperative, Inc.. (Palmer, Dana) Modified on 12/16/2021 (CLR).
December 15, 2021 Opinion or Order Filing 116 DECLARATION of Dana Van Beek Palmer re #112 MOTION for SUMMARY JUDGMENT . (Attachments: #1 Exhibit A - Dakota Energy's Responses and Objections to Basin's First Set of Interrogs, RFP, RFA) (Palmer, Dana)
December 15, 2021 Opinion or Order Filing 115 AFFIDAVIT of Meredith A. Moore re #108 Motion for Summary Judgment . (Attachments: #1 Exhibit 9 - Depo transcript Ennis, #2 Exhibit 10- Depo transcript Allen, #3 Exhibit 11 - East River's Bylaws, #4 Exhibit 12 - Wholesale Power Contract, #5 Exhibit 13 - Supplemental Agreement, #6 Exhibit 14 - Amendment 1 WPC, #7 Exhibit 15 - Amendment 2 WPC, #8 Exhibit 16 - Amendment 3 WPC, #9 Exhibit 17 - McKenzie Coop Motion to Intervene, #10 Exhibit 18 - Dakota's Motion to Intervene, #11 Exhibit 19 - FERC's Order, #12 Exhibit 20 - FERC's Order Granting Clarification, #13 Exhibit 21 - Expert Report - Ennis, #14 Exhibit 22 - Excerpts expert depo - Ennis, #15 Exhibit 23 - Expert Report - Rabago, #16 Exhibit 24 - Excerpts expert depo - Rabago, #17 Exhibit 25 - Dakota's Responses to discovery) (Moore, Meredith) Modified to add link on 1/4/2022 (SLW).
December 15, 2021 Opinion or Order Filing 114 MEMORANDUM in Support re #112 MOTION for SUMMARY JUDGMENT filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 15, 2021 Opinion or Order Filing 113 STATEMENT OF UNDISPUTED MATERIAL FACTS re #112 Motion for Summary Judgment filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 15, 2021 Opinion or Order Filing 112 MOTION for SUMMARY JUDGMENT by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 15, 2021 Opinion or Order Filing 111 AFFIDAVIT of Mark D. Foss re #108 MOTION for SUMMARY JUDGMENT . (Attachments: #1 Exhibit 1 - Wholesale Power Contract, #2 Exhibit 2 - Amendment to Wholesale Power Contract, #3 Exhibit 3 - Subsituted Wholesale Power Contract, #4 Exhibit 4 -Amendment to Wholesale Power Contract, #5 Exhibit 5 - Amendment to Wholesale Power Contract, #6 Exhibit 6 - Amendment to Wholesale Power Contract, #7 Exhibit 7 - Application for Membership, #8 Exhibit 8 - Amended and Restated Bylaws) (Moore, Meredith)
December 15, 2021 Opinion or Order Filing 110 BRIEF by Intervenor Defendant Basin Electric Power Cooperative re #108 MOTION for SUMMARY JUDGMENT (Moore, Meredith)
December 15, 2021 Opinion or Order Filing 109 STATEMENT OF UNDISPUTED MATERIAL FACTS re #108 Motion for Summary Judgment by Intervenor Defendant Basin Electric Power Cooperative (Moore, Meredith)
December 15, 2021 Opinion or Order Filing 108 MOTION for SUMMARY JUDGMENT by Basin Electric Power Cooperative. (Moore, Meredith)
December 7, 2021 Opinion or Order Filing 107 MOTION for Attorney Andrew D. Silverman to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3684358) by Basin Electric Power Cooperative. (Moore, Meredith)
December 3, 2021 Opinion or Order Filing 106 BRIEF by Plaintiff Dakota Energy Cooperative, Inc. re #98 OBJECTION to #97 Magistrate Judge Order Regarding Partially Granting Defendants' Motion to Compel by Dakota Energy Cooperative, Inc., #104 Order (Attachments: #1 Exhibit A - Deposition Excerpt with Depo. Ex. 3) (Schoenbeck, Lee)
November 24, 2021 Opinion or Order Filing 105 OBJECTION by Intervenor Defendant Basin Electric Power Cooperative re #98 OBJECTION to #97 Magistrate Judge Order Regarding Partially Granting Defendants' Motion to Compel by Dakota Energy Cooperative, Inc. (Joint Opposition with East River Electric Cooperative) (Attachments: #1 Exhibit A - Filed Under Seal Pursuant to Protective Order, #2 Exhibit B - Filed Under Seal Pursuant to Protective Order, #3 Exhibit C - Filed Under Seal Pursuant to Protective Order) (Moore, Meredith) (Attachment 1 replaced on 11/24/2021) (VMM). (Attachment 2 replaced on 11/24/2021) (VMM). (Attachment 3 replaced on 11/24/2021) (VMM).
November 17, 2021 Opinion or Order Filing 104 AMENDED ORDER re #102 Briefing Schedule. Basin Electric brief due 11/24/21. Dakota Energy Cooperative reply due 12/3/21. Signed by U.S. District Judge Lawrence L. Piersol on 11/17/21. (SLW)
November 16, 2021 Opinion or Order Filing 103 ORDER granting #101 Motion for Admission Pro Hac Vice of Attorney Stacey M. Mohr for Basin Electric Power Cooperative,Stacey M. Mohr for Basin Electric Power Cooperative,Stacey M. Mohr for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on 11/16/2021. (VMM)
November 15, 2021 Opinion or Order Filing 102 BRIEFING SCHEDULE: Plaintiff shall serve and file a brief by 11/30/2021. Responses due by 12/14/2021. Plaintiff may serve and file a reply brief by 12/21/2021. Signed by U.S. District Judge Lawrence L. Piersol on 11/15/21. (SLW)
November 15, 2021 Opinion or Order Filing 101 MOTION for Attorney Stacey M. Mohr to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3670042) by East River Electric Power Cooperative, Inc.. (Attachments: #1 Proposed Order to Admit Nonresident Attorney [Mohr]) (Palmer, Dana)
November 15, 2021 Opinion or Order NOTICE of Filing Error: #100 Motion for Admission Pro Hac Vice, was filed in error and should be disregarded. (Palmer, Dana)
November 12, 2021 Opinion or Order Filing 100 [FILED IN ERROR] MOTION for Attorney Stacey M. Mohr to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3668684) by East River Electric Power Cooperative, Inc.. (Attachments: #1 Proposed Order to Admit Nonresident Attorney [Mohr]) (Palmer, Dana) Modified on 11/15/2021 to add text and terminate motion (KLE).
November 10, 2021 Opinion or Order Filing 99 SEALED Documents reviewed in camera by Judge Duffy re #97 Order on Motion to Compel Discovery. (Attachments: #1 Attachment, #2 Attachment) (SLW)
November 10, 2021 Opinion or Order Filing 98 OBJECTION to #97 Magistrate Judge Order Regarding Partially Granting Defendants' Motion to Compel by Dakota Energy Cooperative, Inc. (Schoenbeck, Lee)
November 3, 2021 Opinion or Order Filing 97 ORDER granting in part and denying in part #95 Motion to compel discovery by East River Electric and Basin Electric Power. Signed by US Magistrate Judge Veronica L. Duffy on 11/3/21. (Duffy, Veronica)
November 2, 2021 Opinion or Order Filing 96 ORDER re #95 MOTION Unopposed Motion for Magistrate Judge to Decide Discovery Dispute filed by Basin Electric Power Cooperative. In order to resolve the discovery dispute, the court hereby orders Dakota Energy to submit to the court only, via email, for in camera inspection the following two documents: (1) Common Interest Agreement between Dakota Energy and Guzman and (2) the Letter of Intent between Dakota Energy and Guzman. Signed by US Magistrate Judge Veronica L. Duffy on 11/02/2021. (Duffy, Veronica)
October 29, 2021 Opinion or Order Filing 95 MOTION Unopposed Motion for Magistrate Judge to Decide Discovery Dispute by Basin Electric Power Cooperative. (Attachments: #1 Attachment A - Basin and East River's position statement, #2 Attachment A -Sealed Attachment A, #3 Attachment B - Dakota Energy's position statement, #4 Exhibit A - Sealed - Felderman transcript, #5 Exhibit B - Sealed - Priv Log, #6 Exhibit C - Sealed - 2nd Priv Log, #7 Exhibit D - Sealed - presentation) (Moore, Meredith) (Attachment 2 replaced on 10/29/2021) (JLS). (Attachment 2 replaced on 10/29/2021) (JLS). (Attachment 4 replaced on 10/29/2021) (JLS). (Attachment 5 replaced on 10/29/2021) (JLS). (Attachment 6 replaced on 10/29/2021) (JLS). (Attachment 7 replaced on 10/29/2021) (JLS).
October 19, 2021 Opinion or Order Filing 94 ORDER denying #80 Objection to Magistrate Judge Order. Signed by U.S. District Judge Lawrence L. Piersol on 10/19/2021. (VMM)
October 15, 2021 Opinion or Order Filing 93 NOTICE of Appearance by Jason Alan Glodt on behalf of Pat Doak, Dave Eide, Twyla Folk, Ruth Ann Hanson, Douglas Hart, Jim Propst. (Glodt, Jason)
October 15, 2021 Opinion or Order Filing 92 ORDER denying Dakota Energy's #91 Motion to compel setting of deposition dates for rebuttal experts by noon today. Signed by US Magistrate Judge Veronica L. Duffy on 10/15/21. (Duffy, Veronica)
October 14, 2021 Opinion or Order Filing 91 Unopposed MOTION for Magistrate Judge to Decide Discovery Dispute by Dakota Energy Cooperative, Inc.. (Attachments: #1 Attachment A - Plaintiff's Position Statement, #2 Attachment B - Intervenor-Defendant's Position Statement) (Schoenbeck, Lee)
October 12, 2021 Opinion or Order Filing 90 BRIEF by Plaintiff Dakota Energy Cooperative, Inc. re #86 Reply, #82 Brief, #85 Brief, #81 Order, Reply Brief in Support of Appeal from the Magistrate Judge's Rulings Regarding Parol and Extrinsic Evidence (Schoenbeck, Lee)
October 12, 2021 Opinion or Order Filing 89 ORDER denying Dakota Energy's #88 Motion to compel discovery. Signed by US Magistrate Judge Veronica L. Duffy on 10/12/2021. (Duffy, Veronica)
October 6, 2021 Opinion or Order Filing 88 Unopposed MOTION for Magistrate Judge to Decide Fourth Discovery Dispute by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit Ex. A - Plaintiff Position Statement, #2 Exhibit Ex. B - Defendant's Position Statement) (Schoenbeck, Lee)
October 6, 2021 Opinion or Order Filing 87 ORDER granting #84 Motion for Admission Pro Hac Vice of Attorney Elyse D. Echtman for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on 10/6/21. (SLW)
October 4, 2021 Opinion or Order Filing 86 REPLY to #80 Objection to Magistrate Judge Order (Opposition) filed by East River Electric Power Cooperative, Inc.. (Luce, Michael)
October 4, 2021 Opinion or Order Filing 85 BRIEF by Intervenor Defendant Basin Electric Power Cooperative re #82 Brief IN OPPOSITION re Dakota Energy Cooperative's Appeal Regarding Parol and Extrinsic Evidence (Moore, Meredith)
October 4, 2021 Opinion or Order Filing 84 MOTION for Attorney Elyse D. Echtman to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3641871) by Basin Electric Power Cooperative. (Moore, Meredith)
October 4, 2021 Opinion or Order Filing 83 Notice of Withdrawal of Attorney by East River Electric Power Cooperative, Inc.. Attorney Cheri S. Raymond terminated. (Raymond, Cheri)
September 20, 2021 Opinion or Order Filing 82 BRIEF by Plaintiff Dakota Energy Cooperative, Inc. re #81 Order, (Schoenbeck, Lee)
September 7, 2021 Opinion or Order Filing 81 ORDER re #80 OBJECTION to #70 , #72 Magistrate Judge Order Regarding Parol and Extrinsic Evidence by Dakota Energy Cooperative, Inc. filed by Dakota Energy Cooperative, Inc.. Signed by U.S. District Judge Lawrence L. Piersol on 09/07/2021. (VMM)
September 2, 2021 Opinion or Order Filing 80 OBJECTION to #70 , #72 Magistrate Judge Order Regarding Parol and Extrinsic Evidence by Dakota Energy Cooperative, Inc. (Schoenbeck, Lee)
September 1, 2021 Opinion or Order Filing 79 ORDER denying Dakota Energy's #78 Motion reconsider. The court's ruling is limited to Basin and East River producing those loan documents that reference member termination or withdrawal. Loan documents which do not reference member withdrawal or termination need not be produced. Signed by US Magistrate Judge Veronica L. Duffy on 09/01/21. (Duffy, Veronica)
August 31, 2021 Opinion or Order Filing 78 MOTION for Magistrate Judge to Clarify and/or Reconsider re #70 Order on Motion for Miscellaneous Relief, #72 Order on Motion for Miscellaneous Relief by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
August 31, 2021 Opinion or Order Filing 77 Filed in error: ORDER denying Dakota Energy's #75 Motion to compel discovery. Signed by US Magistrate Judge Veronica L. Duffy on 08/31/21. (Duffy, Veronica) Modified on 8/31/2021 (SLW).
August 31, 2021 Opinion or Order Filing 76 ORDER denying Dakota Energy's #75 Motion to compel discovery. Signed by US Magistrate Judge Veronica L. Duffy on 08/31/21. (Duffy, Veronica)
August 31, 2021 Opinion or Order Filing 75 Unopposed MOTION for Magistrate Judge to Decide Third Discovery Dispute by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit Ex. A - Plaintiff Position Statement, #2 Exhibit Ex. B - Defendant's Position Statement, #3 Exhibit Ex. C - Disputed Discovery Requests) (Schoenbeck, Lee)
August 31, 2021 Opinion or Order NOTICE of Filing Error: #77 Order on Motion for Miscellaneous Relief was filed in error and should be disregarded. Duplicate. (SLW)
August 30, 2021 Opinion or Order Filing 74 ORDER denying #60 Motion to Quash Subpoenas by Third Parties Eide, Doak, Hanson, Hart, Folk and Propst. Signed by US Magistrate Judge Veronica L. Duffy on 08/30/21. (Duffy, Veronica)
August 27, 2021 Opinion or Order Filing 73 MEMORANDUM in Opposition re #60 MOTION to Quash SUBPOENAS filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit Ex. A - Member Petition) (Schoenbeck, Lee)
August 27, 2021 Opinion or Order Filing 72 ORDER granting in part and denying in part plaintiff's #71 Motion to compel discovery. Signed by US Magistrate Judge Veronica L. Duffy on 08/27/21. (Duffy, Veronica)
August 26, 2021 Opinion or Order Filing 71 Unopposed MOTION for Magistrate Judge to Decide Second Discovery Dispute by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit Ex. A - Plaintiff Position Statement, #2 Exhibit Ex. B - Defendant's Position Statement, #3 Exhibit Ex. C - Disputed Discovery Requests) (Schoenbeck, Lee)
August 26, 2021 Opinion or Order Filing 70 ORDER granting in part and denying in part plaintiff Dakota Energy's #69 Motion compel discovery responses. Signed by US Magistrate Judge Veronica L. Duffy on 08/26/21. (Duffy, Veronica)
August 26, 2021 Opinion or Order Filing 69 Unopposed MOTION Magistrate Judge Decide Discovery Dispute by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit Ex. A - Plaintiff Position Statement, #2 Exhibit Ex. B - Intervenor-Defendant's Position Statement, #3 Exhibit Ex. C - Disputed Discovery Requests) (Schoenbeck, Lee)
August 25, 2021 Opinion or Order Filing 68 ORDER granting #66 Motion for Admission Pro Hac Vice of Attorney Matthew H. Jasilli for Dakota Energy Cooperative, Inc.,Matthew H. Jasilli for Dakota Energy Cooperative, Inc.. Signed by U.S. District Judge Lawrence L. Piersol on 8/25/21. (SLW)
August 25, 2021 Opinion or Order Filing 67 ORDER granting #65 Motion to Withdraw as Attorney. Attorney Michele O. Choe terminated. Signed by U.S. District Judge Lawrence L. Piersol on 8/25/21. (SLW)
August 25, 2021 Opinion or Order Filing 66 MOTION for Attorney Matthew H. Jasilli to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3613534) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph) Modified to update with payment information from doc #62 on 8/26/2021 (JLS).
August 25, 2021 Opinion or Order Filing 65 MOTION to Withdraw as Attorney by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph)
August 25, 2021 Opinion or Order NOTICE of Filing Error: #62 Motion for Admission Pro Hac Vice was filed in error and should be disregarded. (Erickson, Joseph)
August 23, 2021 Opinion or Order Filing 64 ORDER granting #61 Motion for Admission Pro Hac Vice of Attorney Webster C. Cash, III for Dakota Energy Cooperative, Inc.,Webster C. Cash, III for Dakota Energy Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on 8/23/21. (SLW)
August 20, 2021 Opinion or Order Filing 63 SUPPLEMENT by Pat Doak, Movants Dave Eide, Twyla Folk, Ruth Ann Hanson, Douglas Hart, Jim Propst re #60 MOTION to Quash SUBPOENAS . (Jackley, Martin) Modified on 8/20/2021 to correct text (CLR).
August 20, 2021 Opinion or Order Filing 62 (FILED IN ERROR) MOTION for Attorney Matthew H. Jasilli to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3613534) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph) Modified on 8/25/2021 (CLR).
August 20, 2021 Opinion or Order Filing 61 MOTION for Attorney Webster C. Cash, III to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3613455) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph)
August 19, 2021 Opinion or Order Filing 60 MOTION to Quash SUBPOENAS by Pat Doak, Dave Eide, Twyla Folk, Ruth Ann Hanson, Douglas Hart, Jim Propst. (Jackley, Martin)
August 19, 2021 Opinion or Order Filing 59 OBJECTION TO SUBPOENAS by Pat Doak, Dave Eide, Twyla Folk, Ruth Ann Hanson, Douglas Hart, Jim Propst (Jackley, Martin) Modified on 8/20/2021 to correct text and add party type (CLR).
August 19, 2021 Opinion or Order Filing 58 NOTICE of Appearance by Martin J. Jackley on behalf of Dave Eide, Pat Doak, Ruth Ann Hanson, Twyla Folk, Jim Propst, Douglas Hart. (Jackley, Martin)
July 16, 2021 Opinion or Order Filing 57 RULE 16 SCHEDULING ORDER: Phase One Discovery due by 11/15/2021 Motions due by 12/15/2021. Signed by U.S. District Judge Lawrence L. Piersol on 7/16/2021. (DJP)
July 13, 2021 Opinion or Order Filing 56 ORDER Regarding Discovery of Electronically Stored Information. Signed by U.S. District Judge Lawrence L. Piersol on 7/13/21. (SLW)
July 13, 2021 Opinion or Order Filing 55 PROTECTIVE ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 7/13/21. (SLW)
July 13, 2021 Opinion or Order Filing 54 ORDER granting #51 Motion for Protective Order. Signed by U.S. District Judge Lawrence L. Piersol on 7/13/21. (SLW) (Main Document 54 replaced to correct scan on 7/15/2021) (SLW). Modi
July 13, 2021 Opinion or Order Filing 53 ORDER granting #52 Motion for Discovery of Electronically Stored Information. Signed by U.S. District Judge Lawrence L. Piersol on 7/13/21. (SLW) (Main Document 53 replaced to correct scan on 7/15/2021) (SLW).
July 9, 2021 Opinion or Order Filing 52 Joint MOTION for Discovery or Electronically Stored Information by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Schoenbeck, Lee)
July 9, 2021 Opinion or Order Filing 51 Joint MOTION for Protective Order by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Schoenbeck, Lee)
July 9, 2021 Opinion or Order Filing 50 SUPPLEMENT by Plaintiff Dakota Energy Cooperative, Inc. re #29 Discovery Report . (Schoenbeck, Lee)
May 27, 2021 Opinion or Order Filing 49 TRANSCRIPT of Proceedings re #48 Status Conference held on May 24, 2021 before Judge Lawrence L. Piersol. Court Reporter: Cheryl A. Hook, Telephone number: 605-945-4626. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have twenty-one (21) calendar days to file a Redaction Request of this transcript. Release of Transcript Restriction set for 8/26/2021. (Hook, Cheryl)
May 24, 2021 Opinion or Order Filing 48 Status Conference held on 5/24/2021. before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Cheryl Hook) (JLS)
May 19, 2021 Opinion or Order Filing 47 NOTICE of Appearance by Cheri S. Raymond on behalf of East River Electric Power Cooperative, Inc.. (Raymond, Cheri)
May 18, 2021 Opinion or Order Filing 46 ORDER FOR SCHEDULING CONFERENCE: Scheduling Conference set for 5/24/2021 at 2:00 PM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Lawrence L. Piersol. Signed by U.S. District Judge Lawrence L. Piersol on 5/18/21. (SKK)
May 18, 2021 Opinion or Order Filing 45 ORDER re: Case Caption. Signed by U.S. District Judge Lawrence L. Piersol on 5/18/21. (SKK)
April 16, 2021 Opinion or Order Filing 44 RESPONSE to #23 Request,,,, filed by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
April 16, 2021 Opinion or Order Filing 43 RESPONSE to #23 Request,,,, filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
April 5, 2021 Opinion or Order Filing 42 RESPONSE to #38 Order on Motion to Intervene (Joint Submission) filed by Basin Electric Power Cooperative. (Attachments: #1 Proposed Order) (Moore, Meredith)
March 31, 2021 Opinion or Order Filing 41 STATEMENT by Intervenor Plaintiff Basin Electric Power Cooperative re #39 Order, (Moore, Meredith)
March 31, 2021 Opinion or Order Filing 40 NOTICE of Extension of Time to Answer or Otherwise Respond by East River Electric Power Cooperative, Inc. UNOPPOSED. (Palmer, Dana)
March 24, 2021 Opinion or Order Filing 39 ORDER. If the Intervenor has any input into #29 Report of Parties Planning Meeting filed by Dakota Energy Cooperative, Inc., that input should be filed by March 31, 2021. Signed by U.S. District Judge Lawrence L. Piersol on March 24, 2021. (DLC)
March 15, 2021 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER granting #22 Motion to Intervene. Signed by U.S. District Judge Lawrence L. Piersol on March 15, 2021. (DLC)
March 8, 2021 Opinion or Order Filing 37 RESPONSE to #36 Response to Motion filed by Basin Electric Power Cooperative, East River Electric Power Cooperative, Inc.. (Palmer, Dana)
February 22, 2021 Opinion or Order Filing 36 RESPONSE to Motion re #22 MOTION to Intervene Supplemental filed by Dakota Energy Cooperative, Inc.. (Attachments: #1 Exhibit A - Order Granting Clarification and Addressing Arguments Raised on Rehearing) (Schoenbeck, Lee)
February 12, 2021 Opinion or Order Filing 35 REPLY to Motion Response re: #22 Motion to Intervene filed by Basin Electric Power Cooperative. (Attachments: #1 Exhibit Subpoena) (Moore, Meredith) Modified text on 2/16/2021 (DJP).
February 10, 2021 Opinion or Order Filing 34 RESPONSE to #22 Motion to Intervene filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
February 5, 2021 Opinion or Order Filing 33 MEMORANDUM in Opposition re #22 MOTION to Intervene filed by Dakota Energy Cooperative, Inc.. (Schoenbeck, Lee)
January 27, 2021 Opinion or Order Filing 32 ORDER re Discovery and #22 MOTION to Intervene filed by Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on January 26, 2021. (DLC)
January 26, 2021 Opinion or Order Filing 31 RESPONSE to #28 Order filed by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
January 25, 2021 Opinion or Order Filing 30 RESPONSE to #28 Order filed by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
January 21, 2021 Opinion or Order Filing 29 Discovery Report by Dakota Energy Cooperative, Inc..(Schoenbeck, Lee)
January 21, 2021 Opinion or Order Filing 28 ORDER re #22 MOTION to Intervene filed by Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on January 21, 2021. (DLC)
January 20, 2021 Opinion or Order Filing 27 ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Jonathan A. Direnfeld for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on January 20, 2021. (DLC)
January 20, 2021 Opinion or Order Filing 26 ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Matthew D. LaBrie for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on January 20, 2021. (DLC)
January 20, 2021 Opinion or Order Filing 25 ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney J. Peter Coll, Jr for Basin Electric Power Cooperative. Signed by U.S. District Judge Lawrence L. Piersol on January 20, 2021. (DLC)
January 20, 2021 Opinion or Order Filing 24 MEMORANDUM in Support re #22 MOTION to Intervene filed by Basin Electric Power Cooperative. (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 23 REQUEST for Intervention - Pleading by Intervenor Basin Electric Power Cooperative re #22 MOTION to Intervene (Attachments: #1 Exhibit A - 1962 Wholesale Power Contract, #2 Exhibit B - 1968 Amended Wholesale Power Contract, #3 Exhibit C - 1983 Amended Wholesale Power Contract, #4 Exhibit D - Amended 1994 Amended Wholesale Power Contract, #5 Exhibit E - 2006 Amended Wholesale Power Contract, #6 Exhibit F - 2015 Amended Wholesale Power Contract, #7 Exhibit G - ByLaws, #8 Exhibit H - 1995 East River Wholesale Power Contract, #9 Exhibit I - 2006 Amended East River Wholesale Power Contract, #10 Exhibit J - 2015 Amended East River Wholesale Power Contract, #11 Exhibit K - East River ByLaws, #12 Exhibit L - Dakota Protest in Basin FERC, #13 Exhibit M - FERC decision, #14 Exhibit N - McKenzie Protest in Basin FERC, #15 Exhibit O - 1962 Basin Upper Missouri Wholesale Power Contract, #16 Exhibit P - FERC Order) (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 22 MOTION to Intervene by Basin Electric Power Cooperative. (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 21 MOTION for Attorney Matthew D. LaBrie to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3464912) by Basin Electric Power Cooperative. (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 20 MOTION for Attorney J. Peter Coll, Jr. to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3464904) by Basin Electric Power Cooperative. (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 19 MOTION for Attorney Jonathan A. Direnfeld to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3464900) by Basin Electric Power Cooperative. (Moore, Meredith)
January 20, 2021 Opinion or Order Filing 18 NOTICE of Appearance by Meredith A. Moore on behalf of Basin Electric Power Cooperative. (Moore, Meredith)
December 28, 2020 Opinion or Order Filing 17 ANSWER to #10 Answer to Complaint (Notice of Removal),,, Counterclaim,, by Dakota Energy Cooperative, Inc.. (Erickson, Joseph)
December 22, 2020 Opinion or Order Filing 16 ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Lawrence L. Piersol on 12/22/20. (Attachments: #1 Attachment Letter to Counsel)(SKK)
December 15, 2020 Opinion or Order Filing 15 ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Michele O. Choe for Dakota Energy Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on December 15, 2020. (DLC)
December 15, 2020 Opinion or Order Filing 14 ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Joel S. Neckers for Dakota Energy Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on December 15, 2020. (DLC)
December 15, 2020 Opinion or Order Filing 13 ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Peter W. Herzog for Dakota Energy Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on December 15, 2020. (DLC)
December 15, 2020 Opinion or Order Filing 12 ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Tracey K. Ledbetter for East River Electric Power Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on December 15, 2020. (DLC)
December 15, 2020 Opinion or Order Filing 11 ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney James A. Orr for East River Electric Power Cooperative, Inc. Signed by U.S. District Judge Lawrence L. Piersol on December 15, 2020. (DLC)
December 15, 2020 Opinion or Order Filing 10 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Dakota Energy Cooperative, Inc. by East River Electric Power Cooperative, Inc.. (Attachments: #1 Exhibit A East River Bylaws, #2 Exhibit B Dakota Energy Articles of Consolidation, #3 Exhibit C Dakota Energy Bylaws, #4 Exhibit D East River/Dakota Energy Wholesale Power Contract, #5 Exhibit E East River/Southeastern Wholesale Power Contract, #6 Exhibit F Dakota Energy Board Resolution 2018-02, #7 Exhibit G March 7, 2019 letter from East River to Dakota Energy)(Palmer, Dana)
December 15, 2020 Opinion or Order NOTICE of Filing Error: #9 Answer to Complaint (Notice of Removal),,, Counterclaim,, was filed in error and should be disregarded. (Palmer, Dana)
December 14, 2020 Opinion or Order Filing 9 (FILED IN ERROR) ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Dakota Energy Cooperative, Inc. by East River Electric Power Cooperative, Inc.. (Attachments: #1 Exhibit A East River Bylaws, #2 Exhibit B Dakota Energy Articles of Consolidation, #3 Exhibit C Dakota Energy Bylaws, #4 Exhibit D East River/Dakota Energy Wholesale Power Contract, #5 Exhibit E East River/Southeastern Wholesale Power Contract, #6 Exhibit F Dakota Energy Board Resolution 2018-02, #7 Exhibit G March 7, 2019 letter from East River to Dakota Energy)(Palmer, Dana) Modified text on 12/15/2020 (JLS).
December 14, 2020 Opinion or Order Filing 8 MOTION for Attorney Michele O. Choe to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3445354) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph)
December 14, 2020 Opinion or Order Filing 7 MOTION for Attorney Joel S. Neckers to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3445352) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph)
December 14, 2020 Opinion or Order Filing 6 MOTION for Attorney Peter W. Herzog III to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3445128) by Dakota Energy Cooperative, Inc.. (Attachments: #1 Proposed Order) (Erickson, Joseph)
December 9, 2020 Opinion or Order Filing 5 MOTION for Attorney Tracey K. Ledbetter to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3442714) by East River Electric Power Cooperative, Inc.. (Attachments: #1 Proposed Order to Admit Nonresident Attorney [Ledbetter]) (Palmer, Dana)
December 9, 2020 Opinion or Order Filing 4 MOTION for Attorney James A. Orr to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3442710) by East River Electric Power Cooperative, Inc.. (Attachments: #1 Proposed Order to Admit Nonresident Attorney [Orr]) (Palmer, Dana)
December 8, 2020 Opinion or Order Filing 3 CORPORATE Disclosure Statement by East River Electric Power Cooperative, Inc.. (Palmer, Dana)
December 7, 2020 Opinion or Order Filing 2 NOTICE to Counsel of Rule 73. (Attachments: #1 AO 85)(DLC)
December 7, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL by East River Electric Power Cooperative, Inc. from Third Judicial Circuit Court, State of South Dakota, County of Lake, case number 39 CIV. 20-108. ($402.00 fee paid, receipt# 0869-3440885) (Attachments: #1 Exhibit A - Complaint and all other process, pleadings and orders)(DLC)

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Search for this case: Dakota Energy Cooperative, Inc. v. East River Electric Power Cooperative, Inc.
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Defendant: East River Electric Power Cooperative, Inc.
Represented By: R. Alan Peterson
Represented By: Michael L. Luce
Represented By: Dana Van Beek Palmer
Represented By: James A. Orr
Represented By: Tracey K. Ledbetter
Represented By: Cheri S. Raymond
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Plaintiff: Dakota Energy Cooperative, Inc.
Represented By: Lee A. Schoenbeck
Represented By: Joseph B. Erickson
Represented By: Peter W. Herzog
Represented By: Michele O. Choe
Represented By: Joel S. Neckers
Represented By: Matthew H. Jasilli
Represented By: Webster C. Cash, III
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Intervenor: Basin Electric Power Cooperative
Represented By: Jonathan A. Direnfeld
Represented By: J. Peter Coll, Jr.
Represented By: Meredith A. Moore
Represented By: Matthew D. LaBrie
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Petitioner: Dave Eide
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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Petitioner: Pat Doak
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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Petitioner: Ruth Ann Hanson
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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Petitioner: Twyla Folk
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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Petitioner: Jim Propst
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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Petitioner: Douglas Hart
Represented By: Martin J. Jackley
Represented By: Jason Alan Glodt
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