Reliance Telephone of Grand Forks Incorporated et al v. Yankton County, South Dakota
| Reliance Telephone of Grand Forks Incorporated and Reliance Systems, Inc. |
| Yankton County, South Dakota and Network Communications International Corp. |
| 4:2024cv04098 |
| May 15, 2024 |
| US District Court for the District of South Dakota |
| Karen E Schreier |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 Case transferred in from District of North Dakota; Case Number 3:23-cv-00227. Original file certified copy of transfer order and docket sheet received. |
| CLERK'S TEXT LETTER TO NON-ADMITTED ATTORNEY(S) Local Rule 83.2 (E) allows attorneys to appear pro hac vice (PHV) if they associate with local counsel. The rule provides, in relevant part, that '[a]n attorney who is not a member of the bar of this court, but who is a member in good standing of the bar of another United States District Court, may, upon motion and approval by the court, participate in the conduct of a particular case, but such motion may be allowed only if the applicant associates with a member in good standing of the bar of this court as local counsel.' Local counsel must sign and file all documents, and must be present in court during all proceedings unless otherwise ordered. The court's local rules are available on the district court's website located at www.sdd.uscourts.gov.To apply for admission PHV, complete the Motion for Admission PHV form found on our website under 'Local Forms' and submit it to local counsel for electronic filing. The PHV fee is $200. Local counsel may pay the fee electronically by using Pay.gov.Docket sheet mailed/emailed to non-resident attorney(s) (MSB) |
Filing 38
(Text Only) ORDER by Magistrate Judge Alice R. Senechal adopting the parties' #36 Stipulation to Transfer Venue. Pursuant to 28 U.S.C. 1404(a), this case is TRANSFERRED to the United States District Court for the District of South Dakota. The #22 Motion to Dismiss for Lack of Jurisdiction is therefore MOOT, and the Status Conference set for 5/14/2024 at 9:00 AM is CANCELLED. (AS) [Transferred from North Dakota on 5/15/2024.]
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| Case transferred to the District of South Dakota. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Filing 37 NOTICE of Appearance by Scott M. Strand on behalf of Network Communications International Corp. (Strand, Scott) [Transferred from North Dakota on 5/15/2024.] |
| Filing 36 STIPULATION re #22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens by Yankton County, South Dakota. (Attachments: #1 Exhibit Order Transferring Civil Action)(Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 35 NOTICE of Hearing: Status Conference set for 5/14/2024 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) [Transferred from North Dakota on 5/15/2024.] |
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Filing 34
ORDER by Magistrate Judge Alice R. Senechal regarding deadline to respond to motion to dismiss at Doc. #22 . (CT) [Transferred from North Dakota on 5/15/2024.]
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| Filing 33 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 4/4/2024. (DR #240404-000.mp3 (JS Chambers Recorder)) (sj) [Transferred from North Dakota on 5/15/2024.] |
| DOCKET CORRECTION re: #31 Summons Returned Executed. Error in document. Clerk's office restricted access to document and re-filed at #32 . (jb) [Transferred from North Dakota on 5/15/2024.] |
| Filing 32 SUMMONS Returned Executed by Reliance Telephone of Grand Forks Incorporated, Reliance Systems, Inc. Network Communications International Corp. served on 3/25/2024, answer due 4/15/2024 (Attachments: #1 Blank Summons in a Civil Action)(jb) [Transferred from North Dakota on 5/15/2024.] |
| Filing 31 *RESTRICTED - ERROR IN DOCUMENT* SUMMONS Returned Executed by Reliance Telephone of Grand Forks Incorporated, Reliance Systems, Inc.. Network Communications International Corp. served on 3/25/2024, answer due 4/15/2024 (Attachments: #1 Exhibit Affidavit of Service on NCIC)(Anderson, Alan) Modified on 4/2/2024 to restrict access. (jb) [Transferred from North Dakota on 5/15/2024.] |
| Filing 30 NOTICE of Hearing: Status Conference set for 4/4/2024 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS) [Transferred from North Dakota on 5/15/2024.] |
| Filing 29 Summons Issued as to Network Communications International Corp. (pb) [Transferred from North Dakota on 5/15/2024.] |
| Filing 28 AMENDED COMPLAINT against Network Communications International Corp., Yankton County, South Dakota filed by Reliance Telephone of Grand Forks Incorporated, Reliance Systems, Inc. (pb) [Transferred from North Dakota on 5/15/2024.] |
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Filing 27
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per the #26 joint stipulation, plaintiffs' #21 Motion to Amend/Correct is granted. Plaintiffs are directed to send a .pdf of their proposed amended complaint to the Clerk's Inbox at ndd_clerksoffice@ndd.uscourts.gov. (CT) Modified to correct docket text on 3/19/2024. NEF regenerated (pb). [Transferred from North Dakota on 5/15/2024.]
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| DOCKET CORRECTION re: #26 STIPULATION. Clerk's Office removed 'Exhibit' and added 'Proposed' description to attachment 1. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Filing 26 STIPULATION re #21 MOTION to Amend/Correct #1 Complaint , #22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens Joint Stipulation to Grant Plaintiffs' Motion to Amend Complaint, Defendant's Motion to Dismiss and Transfer of Civil Action by Yankton County, South Dakota. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Amend Complaint, Defendant's Motion to Dismiss and Transfer of Civil Action)(Harrie, William) Modified on 3/19/2024 to remove 'Exhibit' and add 'Proposed' to description of Attachment 1. (sj). [Transferred from North Dakota on 5/15/2024.] |
| Filing 25 CERTIFICATE OF SERVICE by Yankton County, South Dakota re #24 Affidavit, #23 MEMORANDUM in Support, #22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens (Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 24 AFFIDAVIT of Sheriff Preston Crissey re #23 MEMORANDUM in Support, #22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens by Yankton County, South Dakota. (Harrie, William) (Main Document 24 replaced to correct page orientation on 3/5/2024. NEF regenerated) (pb). [Transferred from North Dakota on 5/15/2024.] |
| Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens Defendant's Memorandum of Law in Support of Motion to Dismiss filed by Yankton County, South Dakota. (Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction Defendant's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively for Improper Venue and Forum Non Conveniens by Yankton County, South Dakota. (Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| DOCKET CORRECTION re: #21 MOTION to Amend/Correct. Clerk's Office added more complete descriptions to attachments. (sc) [Transferred from North Dakota on 5/15/2024.] |
| Filing 21 MOTION to Amend/Correct #1 Complaint by Reliance Systems, Inc., Reliance Telephone of Grand Forks Incorporated. (Attachments: #1 Declaration of Alan M. Anderson, #2 Exhibit A: Proposed Amended Complaint, #3 Exhibit B: Changes Made from Original Complaint to Proposed Amended Complaint, #4 Proposed Order)(Florence, L. Reagan) Modified to add more complete descriptions to attachments on 3/4/2024 (sc). [Transferred from North Dakota on 5/15/2024.] |
| Filing 20 NOTICE of Hearing:Pretrial Conference set for 5/13/2025 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. Jury Trial set for 5/13/2025 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial Est. 3-5 Days). (CT) [Transferred from North Dakota on 5/15/2024.] |
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Filing 19
Order for Final Pretrial Conference and Trial Preparation Deadlines by Magistrate Judge Alice R. Senechal. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to: ndd_J-Senechal@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. Final Pretrial Conference set for 4/29/2025 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal.(CT) [Transferred from North Dakota on 5/15/2024.]
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Filing 18
ORDER by Magistrate Judge Alice R. Senechal. Early Settlement Conference set for 12/5/2024 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (CT) [Transferred from North Dakota on 5/15/2024.]
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Filing 17
SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 11/1/2024. Discovery Motions due by 11/15/2024. Plaintiff(s) Expert Witness Disclosures and Reports due by 9/15/2024. Defendant(s) Expert Witness Disclosures and Reports due by 10/15/2024. Discovery Depositions of Expert Witnesses due by 11/1/2024. Join Additional Parties due by 3/1/2024. Amended Pleadings due by 3/1/2024. Nondispositive Motions due by 11/1/2024. Dispositive Motions due by 11/28/2024. Mid-Discovery Status Conference set for 7/1/2024 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070.(CT) [Transferred from North Dakota on 5/15/2024.]
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 2/8/2024. (DR #None) (sj) [Transferred from North Dakota on 5/15/2024.] |
| DOCKET CORRECTION re: #15 STIPULATION. Document filed in error. Clerk's Office restricted access to document. Party is directed to email document to chambers pursuant to the Order for a Scheduling Conference at #13 . (sc) [Transferred from North Dakota on 5/15/2024.] |
| Filing 15 *RESTRICTED - FILED IN ERROR* STIPULATION Parties Stipulated Rule 26(f) Proposed Scheduling Discovery Plan by Reliance Systems, Inc., Reliance Telephone of Grand Forks Incorporated. (Florence, L. Reagan) Modified to restrict access on 1/18/2024 (sc). [Transferred from North Dakota on 5/15/2024.] |
| Filing 14 CONSENT/REASSIGNMENT FORM by Yankton County, South Dakota. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Set/Reset Deadlines: Dispositive Motions due by 11/28/2024. (jb) [Transferred from North Dakota on 5/15/2024.] |
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Filing 13
ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 2/8/2024 at 09:00 AM before Magistrate Judge Alice R. Senechal.(CT) [Transferred from North Dakota on 5/15/2024.]
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| Filing 12 CERTIFICATE OF SERVICE by Yankton County, South Dakota re #11 Answer to Complaint (Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 11 ANSWER to #1 Complaint with Jury Demand by Yankton County, South Dakota.(Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 10 NOTICE of Appearance by William P. Harrie on behalf of Yankton County, South Dakota (Harrie, William) [Transferred from North Dakota on 5/15/2024.] |
| Filing 9 NOTICE of Appearance by L. Reagan Florence on behalf of All Plaintiffs (Florence, L. Reagan) [Transferred from North Dakota on 5/15/2024.] |
| Filing 8 SUMMONS Returned Executed by Reliance Telephone of Grand Forks Incorporated, Reliance Systems, Inc.. Yankton County, South Dakota served on 11/30/2023, answer due 12/21/2023 (Anderson, Alan) [Transferred from North Dakota on 5/15/2024.] |
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Filing 7
(Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge. (sj) [Transferred from North Dakota on 5/15/2024.]
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| Filing 6 CONSENT/REASSIGNMENT FORM by Reliance Systems, Inc., Reliance Telephone of Grand Forks Incorporated. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Filing 5 Corporate Disclosure Statement by Reliance Telephone of Grand Forks Incorporated. (Anderson, Alan) [Transferred from North Dakota on 5/15/2024.] |
| Filing 4 Corporate Disclosure Statement by Reliance Systems, Inc.. (Anderson, Alan) [Transferred from North Dakota on 5/15/2024.] |
| Filing 3 NOTICE of Direct Assignment as to Reliance Systems, Inc., Reliance Telephone of Grand Forks Incorporated. Consent/Reassignment Form due by 12/12/2023. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Filing 2 Summons Issued as to Yankton County, South Dakota. (sj) [Transferred from North Dakota on 5/15/2024.] |
| Filing 1 COMPLAINT against Yankton County, South Dakota (Filing fee $402, receipt number 300000678) filed by Reliance Telephone of Grand Forks Incorporated, Reliance Systems, Inc.. (Attachments: #1 Civil Cover Sheet)(sj) [Transferred from North Dakota on 5/15/2024.] |
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