ORDER DENYING PLAINTIFF'S MOTION TO STAY AND MOTION FOR DISPUTE RESOLUTION DANIEL L. HOVLAND, District Judge. Before the Court is the United States' "Motion Petitioning the Court for Dispute Resolution Under the 2006 Consent Decree" filed on May 12, 2011. See Docket No. 10. The Defendants, Minnkota Power Cooperative, Inc. and Square Butte Electric Cooperative (collectively referred to as "Minnkota Power"), filed a response in opposition to the motion on June 24, 2011. See Docket No. 18....
ORDER ON MOTIONS AND APPEAL OF MAGISTRATE'S ORDER ALLOWING PLAINTIFF'S THIRD AMENDED COMPLAINT TO ADD PUNITIVE DAMAGES CLAIM RALPH R. ERICKSON, District Judge. INTRODUCTION Before the Court is Triangle Ag, LLC's (hereafter "Triangle Ag") appeal of an Order by the Magistrate Judge allowing A & R Fugleberg Farms, Inc., Randy Fugleberg, Nick Fugleberg, and Jeremy Fugleberg (hereafter collectively "the Fuglebergs") to file its third amended complaint which added a claim for punitive damages. (...
ORDER DENYING DEFENDANT'S MOTION TO WITHDRAW GUILTY PLEA AND FOR A NEW TRIAL DANIEL L. HOVLAND, District Judge. Before the Court is Defendant Francis Merle Baker, Jr.'s "Rule 33 Motion to Allow Withdrawal of Guilty Plea and for a New Trial" and a motion for an evidentiary hearing filed on May 13, 2011. See Docket Nos. 37 and 39. The Government filed a response in opposition to the motions on May 20, 2011. See Docket No. 40. For the reasons explained below, Baker's motions are denied. I....
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DANIEL L. HOVLAND, District Judge. Before the Court is the Defendant's "Motion to Suppress Evidence" filed on August 10, 2011. See Docket No. 27. The Government filed a response in opposition to the motion on August 17, 2011. See Docket No. 29. An evidentiary hearing was held on October 14, 2011 in Bismarck, North Dakota. The Court denies the motion for the reasons set forth below. I. BACKGROUND In the early morning on December...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DANIEL L. HOVLAND, District Judge. Before the Court is the Defendant's "Motion for Summary Judgment" filed on March 8, 2011. See Docket No. 11. The Plaintiff filed a response in opposition to the motion on March 28, 2011. See Docket No. 14. The Defendant filed a reply brief on April 8, 2011. See Docket No. 16. The Court grants the motion for the reasons set forth below. I. BACKGROUND On October 2, 2007, the Defendant, CHS,...
ORDER DENYING THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING THE DEFENDANT'S MOTION TO DISMISS DANIEL L. HOVLAND, District Judge Before the Court is the Plaintiffs' motion for summary judgment filed on January 6, 2011. See Docket No. 9. The Defendant filed a response in opposition to the motion and a "Motion to Dismiss for Lack of Subject Matter Jurisdiction" on January 19, 2011. See Docket Nos. 11 and 13. The Plaintiffs filed a reply brief and a response in opposition to the...
ORDER ON APPLICABILITY OF FAIR SENTENCING ACT OF 2010 RALPH R. ERICKSON, Chief District Judge. Before the Court is Defendant Casey Mae Peterson's Motion for Application of the Fair Sentencing Act of 2010 (Doc. #424). Defendant Rapheal Jamell Murphy, also indicted on a crack cocaine offense, filed a sentencing memorandum seeking application of the Fair Sentencing Act of 2010 in his case (Doc. #167). Both parties participated in the motion hearing on February 9, 2011. The Court, having...
ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiffs' motion for remand filed on January 28, 2011. See Docket No. 5. The Defendant filed a response in opposition to the motion on February 14, 2011. See Docket No. 18. For the reasons outlined below, the motion is granted I. BACKGROUND The Defendant, XTO Energy ("XTO"), is a Delaware corporation with its principal place of business located in Fort Worth, Texas. The...
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND AND DENYING MOTION FOR FEES AND COSTS DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiffs "Motion for Remand and for Award of Fees and Costs Under 28 U.S.C. 1447(c)" filed on December 24, 2009. See Docket No. 8. On January 7, 2010, the Defendants filed separate responses in opposition to the motion. See Docket Nos. 11 and 12. The Plaintiff filed a reply brief on January 12, 2010. See Docket No. 14. For the reasons set forth...
SENTENCING MEMORANDUM DANIEL L. HOVLAND, District Judge. I. BACKGROUND On June 8, 2010, the defendant, Christian Robert Webb, was charged in a two-count indictment with the crimes of receipt of materials involving the sexual exploitation of minors and possession of materials involving the sexual exploitation of minors, in violation of 18 U.S.C. 2252(a)(2), 2252(a)(4)(B), 2252(b)(1), and 2252(b)(2). See Docket No. 12. On November 23, 2010, a plea agreement was filed and Webb agreed...
MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RALPH R. ERICKSON, Chief Judge. Before the Court is Defendant Goldmark Property Management, Inc.'s Motion for Summary Judgment (Doc. # 68). Plaintiffs filed a response to the motion (Doc. # 133). Additionally, the North Dakota Apartment Association filed an Amicus Curiae brief supporting Goldmark's summary judgment motion (Doc. # 147), and the United States filed an Amicus Curiae brief supporting Plaintiffs' response...
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DANIEL L. HOVLAND, District Judge. Before the Court is the Defendant's Motion to Suppress Evidence filed on April 19, 2011. See Docket No. 25. The Government filed a response in opposition to the motion on May 2, 2011. See Docket No. 28. An evidentiary hearing was held on May 24, 2011 in Bismarck, North Dakota. The Court denies the motion for the reasons set forth below. I. BACKGROUND On January 20, 2011, a criminal complaint was...
