ORDER GRANTING PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND IMMEDIATE USE AND POSSESSION DANIEL L. HOVLAND, District Judge. Before the Court are Alliance Pipeline L.P.'s motions for (1) summary judgment, and (2) immediate use and possession filed on October 16, 2012. See Docket No. 3. Alliance Pipeline seeks partial summary judgment as to its right to condemn parcels of property named in this action to construct, operate, and maintain a natural gas pipeline pursuant to the Natural...
ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND IMMEDIATE USE AND POSSESSION DANIEL L. HOVLAND, District Judge. Before the Court is Alliance Pipeline L.P.'s combined motion for (1) summary judgment, and (2) immediate use and possession filed on October 10, 2012. See Docket No. 3. Alliance Pipeline seeks partial summary judgment as to its right to condemn parcels of property named in this action to construct, operate, and maintain a natural gas pipeline pursuant to the...
ORDER GRANTING PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND IMMEDIATE USE AND POSSESSION DANIEL L. HOVLAND, District Judge. Before the Court are Alliance Pipeline L.P.'s motions for (1) summary judgment, and (2) immediate use and possession filed on October 9, 2012. See Docket Nos. 3 and 7. Alliance Pipeline seeks partial summary judgment as to its right to condemn parcels of property named in this action to construct, operate, and maintain a natural gas pipeline pursuant to the...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. The court held a status conference in the above-entitled actions on August 2, 2012, Pursuant to its discussion with the parties, the court ORDERS : 1. The bench trial scheduled for November 13, 2012, on the issues of "use and necessity" shall be rescheduled for February 20, 2013, at 9:00 a.m. in Bismarck before Judge Hovland (courtroom #1. The court has reserved three days for trial. 2. The parties shall have until October 1, 2012, to...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. The court held a status conference in the above-entitled actions on August 2, 2012, Pursuant to its discussion with the parties, the court ORDERS : 1. The bench trial scheduled for November 13, 2012, on the issues of "use and necessity" shall be rescheduled for February 20, 2013, at 9:00 a.m. in Bismarck before Judge Hovland (courtroom #1). The court has reserved three days for trial. 2. The parties shall have until October 1, 2012, to...
ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION DANIEL L. HOVLAND, District Judge. Before the Court is the defendant Stephen Marc O'Berry's motion for reconsideration. See Docket No. 132. For the reasons explained below, the motion is denied. I. BACKGROUND On April 18, 2012, O'Berry filed an "Application for Writ of Error Coram Nobis Filed Pursuant to Title 28 U.S.C. 1651 (a)." See Docket No. 126. The Court issued an order denying the application on July 9, 2012. The Court...
REPORT AND RECOMMENDATION KAREN K. KLEIN, Magistrate Judge. Plaintiff Jay M. Hoffman (hereafter "Hoffman", "plaintiff", or "claimant") initiated this action under 42 U.S.C. 405(g) seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-433. Both parties have moved for summary judgment (Doc. #13, Doc #17), or in the alternative,...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DANIEL L. HOVLAND, District Judge. This is a Medicaid eligibility case. Before the Court are cross-motions for summary judgment filed on August 22, 2011, and October 3, 2011, respectively. See Docket Nos. 10 and 13. A number of responsive pleadings were filed by both parties thereafter. See Docket No's. 16, 20, 27, 31, and 34. Oral argument was held in Bismarck, North Dakota, on...
ORDER DENYING DEFENDANT'S MOTION FOR HABEAS RELIEF DANIEL L. HOVLAND, District Judge. Before the Court is Kyle Ray DeCoteau's motion filed pursuant to 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody which was filed on January 10, 2012. See Docket No. 126. The Government filed a response in opposition to the motion on April 11, 2012. See Docket No. 130. DeCoteau filed a reply on May 9, 2012. See Docket No. 131. A hearing was conducted on July 17,...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on August 30, 2012, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference, counsel are...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on January 14, 2014, at 1:30 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of preparing a joint Final Pretrial Statement and examining...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on January 6, 2014, at 1:30 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of preparing a joint Final Pretrial Statement and examining and...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr., District Judge. IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on December 3, 2013, at 1:30 p.m CST. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of preparing a joint Final Pretrial Statement and examining and...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on December 20, 2013, at 1:30 p.m CST. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of preparing a joint Final Pretrial Statement and examining...
ORDER (AMENDED) FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED: RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on August 27, 2012, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING DEFENDANT'S MOTION CHARLES S. MILLER, Jr., Magistrate Judge. The plaintiff, Robyn G. Cook ("Cook"), seeks judicial review of the Social Security Commissioner's denial of her applications for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-433, and Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381, et. seq. I....
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on August 24, 2012, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference, counsel are...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr., Magistrate Judge. IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on August 20, 2012, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference, counsel are...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. Defendant's initial appearance and arraignment were scheduled for July 9, 2012. Her initial appearance and arraignment shall be rescheduled for July 19, 2012, at 1:30 p.m. in Fargo before the undersigned (via video). IT IS SO ORDERED.
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. The court shall conduct a status conference in the above-entitled actions on August 2, 2012, at 11:00 a.m. CDT. The court shall initiate the conference call. Any defendants who have appeared pro se that want to participate in the conference call should provide the court with a telephone number at which they can be reached. IT IS SO ORDERED.
