FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT Charles S. Miller, Jr. , Magistrate Judge , United States District Court. Plaintiff Bakken Residential, LLC ("Bakken") commenced this action on October 19, 2012, against Cahoon Enterprises, LLC, ("Cahoon"), several weeks after Cahoon declared that it considered a real estate purchase agreement between the parties to have terminated because of Bakken's failure to close on the property. Bakken had entered into an agreement with...
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 6, 2017, 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...
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 23, 2017, at 2:30 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....
ORDER ADOPTING REPORT AND RECOMMENDATION DANIEL L. HOVLAND , District Judge . The Plaintiff, Werner Wolfgang Rummer, is an inmate at the North Dakota State Penitentiary. Rummer initiated a civil rights action under 42 U.S.C. 1983 on March 13, 2012. See Docket No. 8. The complaint alleged civil rights violations arising from a lack of medical care provided to Rummer by prison officials. On February 14, 2014, the Defendants filed a motion for summary judgment. See Docket No. 68. After...
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 August 29, 2017, 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 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, 2016, 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 . Before the court is a "Motion to Compel Discovery" filed by plaintiff on December 10, 2015. The court, in an order dated November 4, 2014, set forth the following procedure for the parties to follow in the event of a discovery dispute: RESOLUTION OF DISCOVERY DISPUTES [The court] hereby ORDERS that the following steps be undertaken by all parties prior to filing any discovery motion. 1) The parties are strongly encouraged to...
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 13, 2016, 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,...
AMENDED ORDER FOR RULE 26(f) 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 7, 2016, 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 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, 2016, 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...
AMENDED ORDER FOR RULE 26(f) 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, 2016, 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...
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, 2016, 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...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . Before the court is a "Stipulation for Dismissal" filed by the parties on December 1, 2015. The court ADOPTS the parties' stipulation (Docket No. 55) and DISMISSES the above-captioned action with prejudice and without costs or disbursements to any of the parties. IT IS SO ORDERED.
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . On November 30, 2015, the court issued an order conditionally releasing defendant on December 2, 2015. The court modifies its order as follows. The United States Marshal shall transport defendant from the Heart of America Correctional and Treatment Center ("HACTC"), the facility where defendant is presently being held, to the Burleigh County Detention Center in Bismarck, North Dakota, on Monday, December 7, 2015. Upon his arrival at the...
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 2, 2017, at 1:30 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 below....
ORDER ADOPTING REPORT AND RECOMMENDATION DANIEL L. HOVLAND , District Judge . Before the Court is a "Motion for Default Judgment Against Defendant Bensun Energy, LLC" filed by Plaintiff Leland Oil & Gas, LLC ("Leland Oil") on August 6, 2015. See Docket No. 26. On November 4, 2015, Magistrate Judge Charles S. Miller, Jr. issued a Report and Recommendation in which he recommended that the motion be denied without prejudice as Leland Oil has not complied with the requirements of Fed. R. Civ....
REPORT AND RECOMMENDATION CHARLES S. MILLER, Jr. , Magistrate Judge . Before the court is a "Motion for Default Judgment Against Defendant Bensun Energy, LLC" filed by Plaintiff Leland Oil & Gas, LLC ("Leland") on August 6, 2015. (Doc. No. 26). For the reasons set forth below, the undersigned recommends that the motion be denied without prejudice. Additionally, for the sake of judicial economy, the undersigned recommends that Leland's motion be construed as a request for entry of default...
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, 2016, 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...
ORDER CHARLES S. MILLER, Jr. , District Judge . Plaintiff initiated the above entitled action by complaint in February 2015, seeking: (1) a declaration of its right to conduct geophysical exploration activities on property owned by defendant in Mountrail County, North Dakota; and (2) preliminary and permanent injunctive relief to prevent defendant from interfering with its ability to exercise this right. On motion by plaintiff, the court issued an order in which it temporarily restrained...
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, 2016, 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...
