ORDER CHARLES S. MILLER, JR. , Magistrate Judge . On December 28, 2017, the parties filed a Stipulation for Dismissal. The court ADOPTS the parties' stipulation (Doc. No. 9) and ORDERS that the above-entitled action be DISMISSED with prejudice and without further costs to either party.
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a "Stipulation to Allow Plaintiff to File Fourth Amended Complaint and Dismissal of River Aggregates II, LLC" filed on December 27, 2017. Therein plaintiff and Defendant North Star Energy & Construction, LLC ("North Star") stipulate to dismissing River Aggregates II, LLC without prejudice and allowing plaintiff to filing a fourth amended complaint adding Daniel Plote, individually and d/b/a as River Aggregates, as a...
ORDER RE ADMISSION PRO HAC VICE CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a motion for attorney Matthew R. Heape to appear pro hac vice on plaintiff's behalf. In accordance with D.N.D. Gen. L.R. 1.3(D), attorney Matthew R. Heape has affirmed to submit to the Local Rules of the United States District Court for the District of North Dakota and to the jurisdiction of this court in matters of discipline. He has also paid the required admission fees to the office of the...
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 29, 2018, 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 RE ADMISSION PRO HAC VICE CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a motion for attorney David R. Paoli to appear pro hac vice on behalf of plaintiff. In accordance with D.N.D. Gen. L.R. 1.3(D), attorney David R. Paoli has affirmed to submit to the Local Rules of the United States District Court for the District of North Dakota and to the jurisdiction of this court in matters of discipline. He has also paid the required admission fees to the office of the...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . On December 20, 2017, defendant made his initial appearance on a petition for revocation of his supervised release. He appeared agitated and his thinking/speech was disorganized. He complained about, amongst other things, his access or lack thereof to his prescription medications. The court appointed Assistant Federal Public Defender Michelle Monteiro to represent him and ordered him detained pending a detention hearing and preliminary...
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, 2018, 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 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, 2018, 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 . On December 18, 2017, the parties filed a "Joint Status Report and Proposed Schedule for Briefing of Cross-Motions for Summary Judgment. They advised, amongst other things, that they do not presently anticipate a need for discovery and intend on proceeding directly with briefing on cross-motions of summary judgment. They further propose the following briefing schedule and page limitations: Brief Due...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . The court was advised by the Pretrial Services Officer on December 20, 2017, that defendant has been accepted into an inpatient treatment program at Prairie St. John's in Fargo, North Dakota. Consequently, the court on its own motion DISMISSES the petition for action on defendant's conditions of pretrial release and quashes the arrest warrant for defendant. That being said, the court has been informed that defendant has not been very...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is a "Stipulation to Vacate Scheduling Order" filed by the parties on December 15, 2017. The court ADOPTS the parties' stipulation (Doc. 56), vacates the scheduling order, and stays discovery pending the court's ruling on the cross-motions for summary judgment. IT IS SO ORDERED.
ORDER ADOPTING REPORT AND RECOMMENDATION DANIEL L. HOVLAND , District Judge . Before the Court is a Report and Recommendation submitted by Magistrate Judge Alice R. Senechal on December 8, 2017. See Docket No. 66. A hearing on a petition to revoke supervised release was held in the above-entitled matter on December 4, 2017. See Docket No. 65. At the hearing, the Defendant admitted to the violations contained in the petition. Judge Senechal recommends that this Court find the Defendant...
REPORT AND RECOMMENDATION ALICE R. SENECHAL , Magistrate Judge . An Amended Petition alleges that Christopher Alan Lancaster violated conditions of supervised release by using alcohol. On request of the chief district judge, this court held a hearing on that petition on December 4, 2017. At the hearing, Lancaster admitted to the violations charged. The government recommends that Lancaster's supervised release be revoked, that he be sentenced to a term of custody of eight months, with...
ORDER RE ADMISSION PRO HAC VICE CHARLES S. MILLER, JR. , Magistrate Judge . Before the court are motions for attorneys Molly R. Littman and Samuel J.H. Sigelman to appear pro hac vice on the Defendant's behalf. In accordance with D.N.D. Gen. L.R. 1.3(D), attorneys Littman and Sigelman have affirmed to submit to the Local Rules of the United States District Court for the District of North Dakota and to the jurisdiction of this court in matters of discipline. Attorneys Littman and Sigelman...
ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS DANIEL L. HOVLAND , Chief District Judge . Before the Court is the Plaintiff Northland Royalty Corp.'s (Northland) motion for sanctions filed on July 28, 2017. See Docket No. 26. The Defendant, Statoil Oil & Gas, L.P, (Statoil) filed a response in opposition to the motion on August 11, 2017. See Docket No. 28. On August 17, 2017, the Plaintiff filed a reply brief. For the reasons set forth below, the motion is denied and the parties are...
ORDER RE DEFENDANT'S DISCOVERY MOTION AND PROTECTIVE ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court are defendant's motion for discovery (Doc . No. 13) and the government's request for a protective order and order for reciprocal discovery (Doc. No. 16). DEFENDANT'S MOTION FOR DISCOVERY (DOC. NO. 13) Defendant requests that the court order the government to produce the material set forth in the requests that follow. Defendant contends that the government is obligated...
ORDER RE DEFENDANT'S DISCOVERY MOTIONS AT DOC. NOS. 33, 46, 58, 63, & 71 CHARLES S. MILLER, JR. , Magistrate Judge . Defendant is charged in this criminal proceeding arising out of the protests over the Dakota Access Pipeline with the offenses of engaging in civil disorder and using a fire to engage in civil disorder. Presently, the trial is scheduled for April 20, 2018. On April 21, 2017, and pursuant to the stipulation of the parties, the courted entered its Stipulated Discovery Order...
ORDER GRANTING MOTION TO INTERVENE DANIEL L. HOVLAND , Chief District Judge . Before the Court is a motion to intervene filed by Weatherford U.S., L.P, (Weatherford) on July 31, 2017. See Docket No. 84. The Defendant, City of Williston, filed a response to the motion on August 14, 2017. See Docket No. 87. Weatherford filed a reply brief on August 21, 2017. See Docket No. 89. No response was filed by either Plaintiffs Target Logistics and Lodgings Solutions or Intervenor Halliburton...
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . Before the court is the parties' Stipulation of Dismissal Without Prejudice. (Doc. No. 18). The court ADOPTS the stipulation and ORDERS the action be dismissed without prejudice, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(iii), with the parties to bear their own costs and fees. IT IS SO ORDERED.
ORDER CHARLES S. MILLER, JR. , Magistrate Judge . On December 13, 2017, plaintiffs filed unopposed motions for leave to file an amended complaint, to remove Ms. Deloris Baker as a plaintiff without prejudice, and for counsel to withdraw as counsel for Ms. Baker. They advise that a breakdown in communication has made it impossible for counsel to effectively represent Ms. Baker. Defendant objects to plaintiff's characterization of the motions as "unopposed" insofar as he was yet to review...
