ORDER GRANTING DEFENDANTS' MOTION TO DISMISS DANIEL L. HOVLAND , Chief District Judge . Before the Court is the Defendants Trinity Health, Trinity Hospital, Trinity-St. Joseph's, and Trinity Kenmare Community Hospital's "Motion to Dismiss for Failure to State a Claim" filed on December 21, 2016. See Doc. No. 37. Rafik Benaissa, as relator, filed a response in opposition to the motion on January 30, 2017. See Doc. No. 39. The Defendants replied on February 10, 2017. See Doc. No. 40....
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 28, 2019, 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 CHARLES S. MILLER, JR. , Magistrate Judge . IT IS ORDERED: 1. The plaintiff shall have until February 25, 2019, to file a motion for summary judgment and supporting brief. 2. The defendant shall have until March 25, 2019, to file a motion for summary judgment and supporting brief. 4. The plaintiff shall have until April 8, 2019, to file a responsive brief.
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 May 19, 2020, at 11:00 a.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....
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 22. 2019, 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,...
AMENDIND SCHEDULING ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Pursuant to the Stipulation to Amend Scheduling Order of the Parties, IT IS ORDERED: 1. The parties shall have until June 10, 2019 to complete fact discovery and to file discovery motions. 2. Plaintiff shall disclose its expert witness and provide copies of any written report on or before March 15, 2019. Defendants shall disclose their expert witness and provide copies of any written report on or before April 19, 2019....
ORDER AMENDING PRETRIAL DEADLINES AND CONTINUING THE FINAL PRETRIAL CONFERENCE AND BENCH TRIAL CHARLES S. MILLER, JR. , Magistrate Judge . The court ADOPTS the parties' Amended Scheduling/Discovery Order (Doc. No. 31) in part and AMENDS the pretrial deadlines as follows: 1. The parties shall make their Rule 26(a)(1) disclosures by January 2, 2019. 2. The parties shall have until May 1, 2019, to complete fact discovery and to file discovery motions. 3. The parties shall provide the...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a Motion for Stay of All Proceedings filed by defendant on September 6, 2018. For the reasons set forth below, the motion is granted. I. BACKGROUND This action arises out of an alleged error made an agent of the North Dakota Guaranty and Title Company ("NDG&T") when recording a mortgage obtained by the John Wesley Johnson PS Define Benefit Pension Plan against Lot 2R, Block 10, Madison Ridge Subdivision in Williams...
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Following the Parties' stipulation, it is hereby ORDERED that the following restrictions shall apply to confidential information and documents produced for inspection and copying in this case: 1. Purpose. The purpose of this Protective Order is to protect against the unnecessary disclosure to third parties of information and documents that the Parties maintain are confidential and...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . On December 17, 2018, petitioner filed a "Motion for Leave to Resolve Court Document Confirmation & Mailing Issues." Therein he requests a ruling on a "motion to annex petition" and a "motion to add exhibits" that he previously filed with the court. Additionally, he requests that the Clerk's office and the respondent be directed to mark any and all of their future correspondence with him as legal mail to be opened in his presence as the...
ORDER ADOPTING STIPULATION FOR RESTITUTION CHARLES S. MILLER, JR. , Magistrate Judge . On October 11, 2018, defendant was convicted of the offense of Misappropriation of Postal Funds in violation of 18 U.S.C. 1711. On December 17, 2018, the parties filed a "Stipulation for Restitution." Therein defendant agreed to pay restitution. In addition, the parties agreed that (1) United States will submit a request to the Department of Justice for restoration of the $736.00 seized from defendant'...
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 April 27, 2020, at 2:00 PM CDT. 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...
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 December 27, 2018, at 2:00 p.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
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 September 1, 2020, at 2:00 p.m. CDT. 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...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a "Motion for Award of Attorney Fees Under the Equal Access to Justice Act (EAJA)" filed by plaintiff on December 11, 2018. (Doc. No. 21). Plaintiff seeks reimbursement for attorney's fees in the amount of $6,161.05. The Commissioner filed a response to plaintiff's motion on December 14, 2018, and does not object to an award of $6,161,05 in attorney's fees. (Doc. No.23). She asks that the award of EAJA fees by paid...
ORDER FOR STATUS CONFERENCE CHARLES S. MILLER, JR. , Magistrate Judge . The court shall conduct a telephone conference with the parties on December 19, 2018, at 10:00 a.m. CST to discuss the status of this case and to perhaps set deadlines and set this matter for trial. The court shall initiate the conference call. The parties need not submit anything prior to the conference call. IT IS SO ORDERED.
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . On November 9, 2018, the parties filed a "Motion to Vacate, Set Status Conference, and Enter Revised Scheduling Plan." Attached to the motion a revised join scheduling and discovery plan executed by the parties. The court GRANTS the parties' motion to vacate the existing pretrial deadlines and enter a revised scheduling plan (Doc. No. 28). The court further ADOPTS the parties' revised joint scheduling and discovery plan (Doc. No. 28-1)...
AMENDED ORDER GRANTING MOTION TO STRIKE CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a "Motion to Strike Punitive Damages from Plaintiff's Complaint" filed by defendant on December 4, 2018. (Doc. No. 11). Plaintiff filed a complaint that contains a request for punitive damages. (Doc. No. 1). Defendant seeks to strike this request pursuant to N.D.C.C. 32-03.2-11. Fed. R. Civ. P. 12(f) empowers the court to "strike from the pleading an insufficient defense or any...
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 10, 2020, at 11:00 a.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....
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 14, 2019, 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,...
