PROTECTIVE ORDER/ANTI-DISSEMINATION ORDER CHARLES M. MILLER, Jr., Magistrate Judge. On this 14 th day of November, 2014, this proceeding comes before the undersigned Judge of the District Court upon submission of this Proposed Protective Order ("Protective Order") by the Parties. The Parties believe that during the course of this pending action it may be necessary to use or disclose certain confidential information as defined below. By agreement of the Parties, and for good cause shown,...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. The plaintiff, Justin Lamar Ferrell ("Ferrell"), was being held at the Williams County Correctional Center at the time he initiated the above-captioned action. However, it appears he has since been moved to the North Dakota State Penitentiary. On December 23, 2014, Ferrell filed a document in which he requests: (1) production of documents (surveillance footage taken by security cameras at the Williams County Correctional Center) from defendants;...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. On December 23, 2014, plaintiff filed a "Notice of Dismissal with Prejudice." Accordingly, the court ORDERS that the above-entitled action be dismissed with prejudice.
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 January 26, 2015, 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...
ODERE CHARLES S. MILLER, Jr., Magistrate Judge. On December 19, 2014, the parties filed a "Stipulation of Dismissal." The court ADOPTS the parties' stipulation (Docket No. 19) and ORDERS that the above-entitled action be dismissed with prejudice and without costs to any party. IT IS SO ORDERED.
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. Defendant is in federal custody at the Hearth of America Correctional and Treatment Center ("HACTC") in Rugby, North Dakota, awaiting sentencing, which is presently scheduled for February 27, 2015. On December 22, 2014, defendant filed a "Motion for Release into Inpatient Treatment," advising: (1) he had been accepted into an inpatient chemical dependency treatment program at the Parshall Resource Center in Parshall, North Dakota; (2) his...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. On December 19, 2014, the parties filed a "Joint Stipulated Motion to Amend Scheduling/Discovery Plan and Vacate/Reset Trial Date and Final Pretrial Conference." The court GRANTS the motion (Docket No. 33) and amends its scheduled order as follows: 1. The parties shall have until April 1, 2015 , to complete fact discovery and to file discovery motions. 2. The parties shall provide the names of expert witnesses and complete reports under...
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. On November 25, 2014, the court issued an order conditionally releasing defendant pending a revocation hearing. See Docket No. 40. One of the conditions of release imposed by the court was that defendant was to have no contact with the alleged victim (his wife) in his pending state case. The court, in consultation with the supervising Pretrial Services Officer and on its own motion, strikes this condition. All other conditions of release...
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 January 20, 2015 at 10:30 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference, counsel are...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR ATTORNEYS FEES AND COSTS AND MOTION TO STRIKE EXHIBITS A-H RALPH R. ERICKSON, Chief District Judge. I. INTRODUCTION AND SUMMARY OF DECISION Before the Court is Defendant Draeger Medical, Inc.'s ("Draeger") motion for attorney fees and costs 1 and Plaintiff The University of Manitoba's ("U of M") motion to strike exhibits A-H of Draeger's memorandum in support of its motion for fees and costs. 2 Draeger contends this case "the clearest of...
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 January 20, 2015, 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...
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION DANIEL L. HOVLAND, District Judge. Before the Court is the Plaintiff's motion for a preliminary injunction filed on November 24, 2014. See Docket No. 5. On November 24, 2014, the Court granted the Plaintiff's motion for an ex parte temporary restraining order. See Docket No. 10. The temporary restraining order prohibited the Defendant from moving, sequestering, or using the collateral securing the loans, which consists of...
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 March 7, 2016, at 1:30 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below. Within...
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 January 8, 2015 at 10:30 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. On November 18, 2014, defendant made his initial appearance on a petition for revocation of his pretrial release conditions. The court advised defendant of his rights and ordered that he be detained pending a hearing on November 21, 2014. The court subsequently rescheduled the hearing for November 24, 2014. On November 24, 2014, the court convened a detention hearing. At the outset of the hearing, defense counsel moved to withdraw. Based upon...
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 February 16, 2016, at 10:00 AM. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below....
ORDER CHARLES S. MILLER, Jr., Magistrate Judge. The court convened a status conference in above-captioned consolidated action on December 8, 2014. Pursuant to its discussion with the parties, the court ORDERS that plaintiffs shall have until January 27, 2015, to file responses to the Motions to Dismiss filed by defendant on September 26, 2014. Thereafter, defendant shall have until March 20, 2015 to file replies to plaintiffs' responses. IT IS SO ORDERED.
ORDER DENYING MOTION TO PRECLUDE EXPERTS CHARLES S. MILLER, Jr., Magistrate Judge. Before the court is the "United States' Motion to Preclude Experts" filed November 4, 2014. The United States argues that plaintiffs should be precluded from offering expert testimony because they failed to make timely expert disclosures as required by Fed. R. Civ. P. 26. Plaintiffs oppose the motion and argue that their treating medical providers should be permitted to testify as to causation and damages. In...
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 January 6, 2015 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 January 5, 2015, 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...
