Spearfish Evans-Tonn Ditch Company v. Horizon Investments, LLC et al
Plaintiff: Spearfish Evans-Tonn Ditch Company
Defendant: Horizon Investments, LLC and City of Spearfish
Case Number: 5:2023cv05016
Filed: March 23, 2023
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Nature of Suit: Real Property: Torts to Land
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2023 Opinion or Order Filing 16 RESPONSE to Motion re #14 MOTION to DISMISS for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can be Granted Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Spearfish Evans-Tonn Ditch Company. (Barker, Kenneth)
April 24, 2023 Opinion or Order Filing 15 BRIEF by Defendant City of Spearfish re #14 MOTION to DISMISS for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can be Granted (Attachments: #1 Exhibit EX. 1 - MEMORANDUM DECISION 8-5-22, #2 Exhibit EX. 2 - JUDGMENT OF DISMISSAL 8-30-22, #3 Exhibit EX. 3 - NOTICE OF ENTRY OF JUDGMENT OF DISMISSAL 8-31-22) (Williams, Richard)
April 24, 2023 Opinion or Order Filing 14 MOTION to DISMISS for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can be Granted by City of Spearfish. (Williams, Richard)
April 21, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Aidan Fitzgerald Goetzinger on behalf of All Defendants. (Goetzinger, Aidan)
April 21, 2023 Opinion or Order Filing 12 (FILED IN ERROR) NOTICE of Appearance by Aidan Fitzgerald Goetzinger on behalf of All Defendants. (Goetzinger, Aidan) Modified Docket Text on 4/24/2023 (DLC).
April 21, 2023 Opinion or Order NOTICE of Filing Error: #12 Notice of Appearance was filed in error and should be disregarded. (Goetzinger, Aidan)
April 18, 2023 Opinion or Order Filing 11 I have reviewed Rule 7.1 of the Federal Rules of Civil Procedure requiring nongovernmental corporate parties or nongovernmental corporations that seek to intervene to file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10 percent or more of its stock and certify that it does not apply to City of Spearfish. (Williams, Richard)
April 18, 2023 Opinion or Order Filing 10 CORPORATE Disclosure Statement by Horizon Investments, LLC. (Williams, Richard)
April 14, 2023 Opinion or Order Filing 9 RETURN OF SERVICE as to Horizon Investments, LLC served on 4/5/2023. (Barker, Kenneth)
April 12, 2023 Opinion or Order Filing 8 RETURN OF SERVICE as to City of Spearfish served on 4/3/23. (Barker, Kenneth)
April 12, 2023 Opinion or Order Filing 7 RETURN OF SERVICE as to City of Spearfish served on 4/3/23. (Barker, Kenneth)
April 12, 2023 Opinion or Order Filing 6 (FILED IN ERROR) RETURN OF SERVICE as to City of Spearfish served on 3/24/23. (Barker, Kenneth) Modified Docket Text on 4/13/2023 (DLC).
April 12, 2023 Opinion or Order NOTICE of Filing Error: #6 Return of Service was filed in error and should be disregarded. (Barker, Kenneth)
April 7, 2023 Opinion or Order Filing 5 CORPORATE Disclosure Statement by Spearfish Evans-Tonn Ditch Company. (Barker, Kenneth)
April 7, 2023 Opinion or Order Filing 4 NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Spearfish Evans-Tonn Ditch Company has not complied. Said party has three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB)
April 5, 2023 Opinion or Order Filing 3 NOTICE of Appearance by Richard M. Williams on behalf of All Defendants. (Williams, Richard)
March 23, 2023 Opinion or Order Filing 2 Summons Issued as to City of Spearfish, Horizon Investments, LLC. 2 Summons(es) delivered via electronic delivery to counsel. CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (MSB)
March 23, 2023 Opinion or Order Filing 1 COMPLAINT with Jury Demand, $402.00 fee paid, receipt# ASDDC-3993894, in shell case on 03/23/2023 filed by Spearfish Evans-Tonn Ditch Company on 03/23/2023. (MSB)

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Plaintiff: Spearfish Evans-Tonn Ditch Company
Represented By: Kenneth E. Barker
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Defendant: Horizon Investments, LLC
Represented By: Richard M. Williams
Represented By: Aidan Fitzgerald Goetzinger
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Defendant: City of Spearfish
Represented By: Richard M. Williams
Represented By: Aidan Fitzgerald Goetzinger
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