Case: Dundon v. Kirchmeier

1:16-cv-00406 | U.S. District Court for the District of North Dakota

Filed Date: Dec. 28, 2016

Closed Date: Dec. 30, 2021

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Case Summary

This is a putative class action about excessive police force used to disperse protestors of the Dakota Access Pipeline (DAPL). On November 20, 2016, the plaintiffs– Native Americans and other concerned citizens who referred to themselves as "water protectors"--gathered to pray and protest the DAPL at Backwater Bridge in North Dakota. They were met by local police forces who were armed with specialty impact munitions, teargas, and water cannons. Without warning, the police began to use force to …

The plaintiffs filed their complaint in the United States District Court for the District of North Dakota on November 28, 2016. The plaintiffs sought to represent a class of similarly situated protestors, but class certification was never granted. The case was initially assigned to Chief Judge Daniel L. Hovland. The plaintiffs brought this action against Morton County, North Dakota and their Sheriff's Department; Stutsman County, North Dakota and their Sheriff's Department; and the City of Mandan, North Dakota. They also included 100 unnamed individual law enforcement officers as defendants.

The plaintiffs sought damages and injunctive relief under 42 U.S.C. §1981 and §1983. The plaintiffs asserted violations of the First, Fourth, and Fourteenth Amendments in the form of retaliation for constitutionally protected activities, unreasonable use of force, unconstitutional policing policies by the defendant agencies, and unequal protection under the law. They also included state law claims for assault and battery as well as negligence by the defendants against all members of the class.The plaintiffs sought declaratory and injunctive relief declaring the defendants’ actions unlawful and enjoining them from using the same methods of crowd dispersal in the future. The case was assigned to Judge Daniel L. Hovland.

The same day the lawsuit began, the plaintiffs filed a motion for a temporary restraining order and preliminary injunctive relief. The plaintiffs requested an order prohibiting the defendants from using excessive force in responding to the pipeline protests and prohibiting the use of specialty impact munitions, explosive grenades, chemical agents, sound cannons, directed energy devices, and water cannons or hoses, as a means of crowd dispersal. The court denied the plaintiffs’ motion for a temporary restraining order on December 1, 2016, and denied their motion for a preliminary injunction approximately three months later. Judge Hovland denied both motions because the plaintiffs failed to certify in writing that they had made efforts to notify the defendants as required by FRCP 65(B)(1)(b).

On February 22, 2017, the court stayed proceedings as the plaintiffs filed an interlocutory appeal to the U.S. Court of Appeals for the Eighth Circuit regarding the district court’s denial of a preliminary injunction. That stay was lifted on January 10, 2018, after the Eighth Circuit affirmed the district court’s denial in a cursory per curiam opinion. 701 Fed.Appx. 538. The court found that there was not an abuse of discretion by Judge Hovland and agreed with his finding.

On February 27, 2018, the plaintiffs filed an amended complaint containing information about government actions relating to the DAPL subsequent to their initial filing. The plaintiffs alleged that approximately three months after the first complaint, the defendants again engaged with protestors and injured them with water cannons and specialty impact munitions. The first amended complaint also included the addition of state law claims against the defendants for assault and battery and negligence.

The defendants initially filed a motion to dismiss on April 6, 2018. Two years later, this case was reassigned to Judge Daniel Traynor, who converted the defendant’s motion to one for summary judgment on September 10, 2020 in order to allow time for discovery. The defendants then filed an interlocutory appeal to the Eighth Circuit, arguing that the district court erred by refusing to rule on whether the officials were protected by qualified immunity. That appeal was dismissed by the Eighth Circuit for lack of jurisdiction. 2020 WL 9211289.

On December 29, 2021, Judge Traynor granted the defendants’ motion for summary judgment. Regarding the plaintiffs’ Fourth Amendment claim, the court found that no seizure occurred because the plaintiffs were free to leave and were not being herded in any particular direction. In the alternative, the court also held that the officers would have been protected by qualified immunity. The court also found the plaintiffs’ excessive force and state law claims to be without merit, as the officers’ actions were objectively reasonable; again the court concluded in the alternative that the officers would have been shielded by qualified immunity. Finally, because the court found that the officers did not act because of any of the plaintiffs’ political or religious beliefs, it concluded that the plaintiffs’ remaining Equal Protection Clause and First Amendment claims were without merit. 577 F.Supp.3d 1007.

On January 28, 2022, the plaintiffs filed an appeal with the Eighth Circuit. On appeal, the plaintiffs sought to reinstate: their § 1983 claims against individual officers for using excessive force in violation of their Fourth and Fourteenth Amendment rights, their claim against the municipalities for enacting unconstitutional policies, and their claim against the Morton County Sheriff, Stutsman County Sheriff, and City of Mandan Chief of Police for supervisory liability. The case was heard by Judge Steven M. Colloton, Judge Roger L. Wollman, and Judge Duane Benton.

On November 3, 2023, in an opinion written by Judge Colloton, the Eighth Circuit unanimously affirmed the lower court’s decision. The court rejected the plaintiffs’ Fourth and Fourteenth Amendment claims, finding that it was not clearly established at the time of the incident that using force to disperse a crowd constituted a seizure. Since it was not clearly established that the officers’ use of force to disperse protestors violated a constitutional right, the court reasoned that the municipalities’ decision not to train their officers on protester dispersal did not constitute deliberate indifference. The court also found that the municipalities’ policies allowing officer discretion on when and how to use force were facially lawful. Finally, the court determined that the named Sheriffs and Chief of Police were not liable as supervisors because there was insufficient evidence of deliberate supervisor indifference, particularly since the alleged constitutional right was not clearly established.

This case is now closed.

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Summary Authors

Claire Butler (11/6/2022)

Taylor Hopkins (4/18/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4546005/parties/dundon-v-kirchmeier/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

1-100, Does (North Dakota)

Alamuddin, Sari M. (North Dakota)

Alt, Constance M (North Dakota)

Bakke, Randall J. (North Dakota)

Expert/Monitor/Master/Other

Avery, Michael A. (North Dakota)

Judge(s)

Hovland, Daniel L. (North Dakota)

Attorney for Plaintiff

Fennerty, James R. (North Dakota)

Ficzko, Andrew C. (North Dakota)

Haas, Jeffrey (North Dakota)

Hoft, Janine L. (North Dakota)

Jr, M Stan (North Dakota)

Lederman, Rachel (North Dakota)

Ohri, Shubra (North Dakota)

Philipps, David J. (North Dakota)

Philipps, Mary Elizabeth (North Dakota)

Power, Melinda (North Dakota)

Regan, Lauren C. (North Dakota)

Robertson, Angie K. (North Dakota)

Segovia, Natali (North Dakota)

Stephan, Ryan F (North Dakota)

Treanor, Noah Michael (North Dakota)

Verheyden-Hilliard, Mara (North Dakota)

Watts, John G (North Dakota)

Zouras, James B. (North Dakota)

Attorney for Defendant

1-100, Does (North Dakota)

Alamuddin, Sari M. (North Dakota)

Alt, Constance M (North Dakota)

Bakke, Randall J. (North Dakota)

Bakke, Grant (North Dakota)

Boran, Christopher J. (North Dakota)

Feibelman, Jef (North Dakota)

Fishman, Marshall Howard (North Dakota)

Fray-Witzer, Evan Marc (North Dakota)

Glover, R. Mark (North Dakota)

Gould, Gabrielle Lisa (North Dakota)

Grinolds, Shawn A. (North Dakota)

Gurvits, Valentin David (North Dakota)

Hancock, Lawrence Bradley (North Dakota)

Hurka, Thomas F. (North Dakota)

Israel, Sam Peter (North Dakota)

Jackson, Charles C. (North Dakota)

Manbeck, Alexandra T. (North Dakota)

Rinden, Jennifer (North Dakota)

Roberts, Kristine L. (North Dakota)

Sady, Michael P. (North Dakota)

Simpson, W. Scott (North Dakota)

Smith, Robert S. (North Dakota)

Wiederholt, Bradley Neuman (North Dakota)

Expert/Monitor/Master/Other

Avery, Michael A. (North Dakota)

Blake, Shoney (North Dakota)

Bonds, Lauren (North Dakota)

Hasbrouck, Benjamin J. (North Dakota)

Machefsky, Eliana (North Dakota)

Nagle, Mary Kathryn (North Dakota)

Zuger, Aubrey J. (North Dakota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:16-cv-00406	Civil Rights Class Action Complaint for Damages and Injunctive and Declaratory Relief	Nov. 28, 2016	Nov. 28, 2016 Complaint
41 1:16-cv-00406	Order	Dec. 22, 2016	Dec. 22, 2016 Order/Opinion
99 1:16-cv-00406	Order Denying Plaintiffs' Motion for Preliminary Injunction	Feb. 7, 2017	Feb. 7, 2017 Order/Opinion 2017 WL 5894552
22-01246	Per Curiam U.S. Court of Appeals for the Eighth Circuit	Oct. 18, 2017	Oct. 18, 2017 Order/Opinion 701 Fed.Appx. 538
129 1:16-cv-00406	First Amended Civil Rights Class Action Complaint for Damages and Injunctive and Declaratory Relief	Feb. 27, 2018	Feb. 27, 2018 Complaint
151 1:16-cv-00406	Order Converting Defendants' Motion to Dismiss Into Motion for Summary Judgment and Deferring Ruling on the Same, Granting Plaintiffs' Motion to Conduct Discovery, and Finding as Moot Plaintiffs' Motion for Hearing	Sept. 10, 2020	Sept. 10, 2020 Order/Opinion 2020 WL 5986613
152 1:16-cv-00406	Letter to Court	Sept. 17, 2020	Sept. 17, 2020 Pleading / Motion / Brief
286 1:16-cv-00406	Order Granting Motion For Summary Judgment	Dec. 29, 2021	Dec. 29, 2021 Order/Opinion 577 F.Supp.3d 1007
290 22-01246	Opinion U.S. Court of Appeals for the Eighth Circuit	Nov. 3, 2023	Nov. 3, 2023 Order/Opinion 85 F.4th 1250

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Resources

Title	Description		External URL Date / External URL
Dundon v. Kirchmeier Civil Rights Case Community Update	Dundon v. Kirchmeier is a federal civil rights class-action lawsuit filed by several named plaintiffs on behalf of hundreds of #NoDAPL Water Protectors who were injured by law enforcement on the nigh…	Jan. 24, 2022	Jan. 24, 2022 https://www.waterprotectorlegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4546005/dundon-v-kirchmeier/

Last updated March 12, 2025, 8:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $400, receipt number 117000189) filed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. (Attachments: # 1 Civil Cover Sheet)(cjs) (Entered: 11/28/2016) 1 Civil Cover Sheet View on PACER	Nov. 28, 2016	Nov. 28, 2016 RECAP
2	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Vanessa Dundon, Jade Kalikolehuaokal Wool, Crystal Wilson, David Demo, Guy Dullknife, III, Mariah Marie Bruce, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor. (Lederman, Rachel) Modified on 12/5/2016 to add filers. (jt). (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
3	NOTICE of Direct Assignment as to Vanessa Dundon. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
4	NOTICE of Direct Assignment as to Jade Kalikolehuaokal Wool. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
5	NOTICE of Direct Assignment as to Crystal Wilson. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
6	NOTICE of Direct Assignment as to David Demo. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
7	NOTICE of Direct Assignment as to Guy Dullknife, III. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
8	NOTICE of Direct Assignment as to Mariah Marie Bruce. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
9	NOTICE of Direct Assignment as to Frank Finan. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
10	NOTICE of Direct Assignment as to Israel Hoagland-Lynn. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
11	NOTICE of Direct Assignment as to Noah Michael Treanor. Consent/Reassignment Form due by 12/12/2016. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
12	Summons Issued as to All Defendants. (cjs) (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
13	RESTRICTED - WRONG EVENT MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction MEMORANDUM AND EXHIBITS IN SUPPORT by Vanessa Dundon. (Attachments: # 1 Exhibit Ex B, Sheriff press release, # 2 Exhibit Ex V, INCLO/ PHR Report, # 3 Exhibit Ex C, Clemons Decl, # 4 Exhibit Ex D, Fraley Decl, # 5 Exhibit Ex E, Wool Decl, # 6 Exhibit Ex F, Lonergan Decl, # 7 Exhibit Ex G, Treanor Decl, # 8 Exhibit Ex H, Hoagland-Lynn Decl, # 9 Exhibit Ex. I, Bruce Decl, # 10 Exhibit Ex J, Joachinson Decl, # 11 Exhibit Ex K, Flynn Decl, # 12 Exhibit Ex L, Webster Decl, # 13 Exhibit Ex M, Dullknife Decl, # 14 Exhibit Ex N, Reddog Decl, # 15 Exhibit Ex O, Finan Decl, # 16 Exhibit Ex Q, Wilson Decl, # 17 Exhibit Ex. S, Demo Decl, # 18 Exhibit Ex A, Sheriff defends spraying protesters)(Lederman, Rachel) Modified on 11/28/2016 to restrict access (jt). (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 PACER
	DOCKET CORRECTION re: 13 Motion. Wrong event. Filer will re-file document using correct event and correct exhibits. (jt)	Nov. 28, 2016	Nov. 28, 2016 PACER
14	MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Exhibits in Support. filed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. (Attachments: # 1 Exhibit A, Sheriff Defends Spraying Protesters, # 2 Exhibit B, Sheriff's Press Release, # 3 Exhibit C, Clemons Decl, # 4 Exhibit D, Fraley Decl, # 5 Exhibit E, Wool Decl, # 6 Exhibit F, Lonergan Decl, # 7 Exhibit G, Treanor Decl, # 8 Exhibit H, Hoagland-Lynn Decl, # 9 Exhibit I, Bruce Decl, # 10 Exhibit J, Joachinson Decl, # 11 Exhibit K, Flynn Decl, # 12 Exhibit L, Webster Decl, # 13 Exhibit M, Dullknife Decl, # 14 Exhibit N, Reddog Decl, # 15 Exhibit O, Finan Decl, # 16 Exhibit Q, Wilson Decl, # 17 Exhibit S, Demo Decl, # 18 Exhibit T, Wilansky Decl, # 19 Exhibit U, Dundon Decl, # 20 Exhibit V, INCLO / PHR Report)(Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 11/28/2016)	Nov. 28, 2016	Nov. 28, 2016 RECAP
15	(Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case reassigned to Chief Judge Daniel L. Hovland as presiding judge and Magistrate Judge Charles S. Miller, Jr as referral judge for all further proceedings.(kmk) (Entered: 11/29/2016)	Nov. 29, 2016	Nov. 29, 2016 PACER
16	ORDER by Chief Judge Daniel L. Hovland denying 2 Motion for TRO. (JM) (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 RECAP
17	MOTION for Reconsideration re 16 Order on Motion for TRO, Declaration in Support by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
18	RESTRICTED - DUPLICATE FILING - see 25 SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Vanessa Dundon served on 11/29/2016, answer due 12/20/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). Modified on 12/7/2016 to restrict access (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
19	RESTRICTED - DUPLICATE FILING - see 22 SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). Modified on 12/7/2016 to restrict access (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
20	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. City of Mandan served on 11/29/2016, answer due 12/20/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
21	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Kyle Kirchmeier served on 12/1/2016, answer due 12/22/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
22	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Chad Kaiser served on 11/29/2016, answer due 12/20/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
23	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Morton County served on 11/29/2016, answer due 12/20/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
24	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Jason Ziegler served on 11/30/2016, answer due 12/21/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
25	SUMMONS Returned Executed by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Stutsman County served on 11/29/2016, answer due 12/20/2016 (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
26	AMENDED DOCUMENT by Crystal Wilson, Guy Dullknife, III, Mariah Marie Bruce, Vanessa Dundon, David Demo, Jade Kalikolehuaokal Wool, Israel Hoagland-Lynn, Noah Michael Treanor, Frank Finan. Amendment to 17 MOTION for Reconsideration re 16 Order on Motion for TRO, Declaration in Support Certificate of Service. (Lederman, Rachel) Modified on 12/7/2016 to add all Plaintiffs as filers (lh). (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 PACER
27	NOTICE of Appearance by Randall J. Bakke on behalf of Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler (Bakke, Randall) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 RECAP
28	MOTION for Leave to File Excess Pages by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) Modified on 12/7/2016 to remove text referencing secondary motion (lf). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
29	MEMORANDUM in Support re 28 MOTION for Leave to File Excess Pages 40 Request for Clarification of Filing Deadline filed by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) Modified on 12/7/2016 to add a link to document 40 (lf). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
30	MOTION for clarification of deadline to file response to plaintiffs' motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County. See document 28 . (lf) (Entered: 12/07/2016)	Dec. 6, 2016	Dec. 6, 2016 PACER
	DOCKET CORRECTION re: 28 Motion for Leave to File Excess Pages. Multiple relief document filed as one relief. Clerk's Office filed Motion for Miscellaneous Relief (for clarification of deadline to file response to plaintiffs' motion) at 40 . (lf)	Dec. 7, 2016	Dec. 7, 2016 PACER
	DOCKET CORRECTION re: 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 - Clerk's office added all Plaintiffs as filers. Counsel is reminded to select all parties they represent when filing. CORRECTION re: 18 and 19 Summons Returned Executed - duplicate pleadings, see 25 and 22, respectively for filings. (lh)	Dec. 7, 2016	Dec. 7, 2016 PACER
31	ORDER by Chief Judge Daniel L. Hovland denying 17 Motion for Reconsideration; granting 28 Motion for Leave to File Excess Pages; granting 30 Motion for Clarification of Filing Deadlines. (JM) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 PACER
32	MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/14/2016)	Dec. 14, 2016	Dec. 14, 2016 PACER
33	MEMORANDUM in Support re 32 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/14/2016)	Dec. 14, 2016	Dec. 14, 2016 PACER
34	AFFIDAVIT of Randall J. Bakke re 33 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/14/2016)	Dec. 14, 2016	Dec. 14, 2016 PACER
35	(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr granting 32 Motion for Extension of Time to Answer for All Defendants. Answers due 1/13/2017 (ZE) (Entered: 12/15/2016)	Dec. 15, 2016	Dec. 15, 2016 PACER
36	MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Attachments: # 1 Exhibit DECLARATION OF COUNSEL)(Lederman, Rachel) Modified on 12/20/2016 to correct link. (as) (Entered: 12/19/2016)	Dec. 19, 2016	Dec. 19, 2016 PACER
37	MEMORANDUM in Support re 36 MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Lederman, Rachel) Modified on 12/20/2016 to correct docket text. (as) (Entered: 12/19/2016)	Dec. 19, 2016	Dec. 19, 2016 PACER
	DOCKET CORRECTION re: 36 MOTION. Clerk's office removed the link to the Order at 31 and added link to the Motion for Preliminary Injunction at 2 . (as)	Dec. 20, 2016	Dec. 20, 2016 PACER
38	(Text Only) ORDER by Chief Judge Daniel L. Hovland granting 36 Motion for Extension of Time to File Response/Reply. Reply due by 1/6/2017. (QH) (Entered: 12/20/2016)	Dec. 20, 2016	Dec. 20, 2016 PACER
39	(Text Only) ORDER: Status Conference set for 12/21/2016 at 3:30 PM CST by telephone before Magistrate Judge Charles S. Miller, Jr. The court shall initiate the conference call. By Magistrate Judge Charles S. Miller, Jr. (BG) (Entered: 12/21/2016)	Dec. 21, 2016	Dec. 21, 2016 PACER
40	(Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 12/21/2016. (BG) (Entered: 12/21/2016)	Dec. 21, 2016	Dec. 21, 2016 PACER
41	ORDER re disputed protective order. Defendants' response to plaintiff's motion for preliminary injunction due by 12/23/2016. Defendants shall file under seal a "key" as described in the order. Plaintiffs' reply in suppor t of the motion for preliminary injunction due by 1/9/2017. The parties shall file proposed protective orders and supporting briefs by 1/6/2017. Responses to proposed protective orders and briefs due by 1/13/2017. By Magistrate Judge Charles S. Miller, Jr.(BG) (Main Document 41 replaced on 12/22/2016 due to typo (jt).	Dec. 22, 2016	Dec. 22, 2016 RECAP
42	RESPONSE to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
43	SEALED DOCUMENT Pseudonym Key for Affidavits re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
44	SEALED DOCUMENT Affidavit of LE-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
45	SEALED DOCUMENT Affidavit of LE-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
46	SEALED DOCUMENT Affidavit of LE-3 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
47	SEALED DOCUMENT Affidavit of LE-4 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
48	SEALED DOCUMENT Affidavit of FO-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
49	SEALED DOCUMENT Affidavit of FO-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
50	SEALED DOCUMENT Affidavit of DOT-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
51	SEALED DOCUMENT Affidavit of DOT-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
52	AFFIDAVIT of LE-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
53	AFFIDAVIT of LE-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
54	AFFIDAVIT of LE-3 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
55	AFFIDAVIT of LE-4 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
56	AFFIDAVIT of FO-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
57	AFFIDAVIT of FO-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
58	AFFIDAVIT of DOT-1 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 1 - NDDOT Bridge No. 1806-35.070, # 2 Exhibit 2 - Executive Order 2016-04)(Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
59	AFFIDAVIT of DOT-2 re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 1 - NDDOT News Release dated 9-8-16, # 2 Exhibit 2 - NDDOT News Release dated 10-28-16, # 3 Exhibit 3 - NDDOT News Release dated 10-31-16)(Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
60	AFFIDAVIT of Cody Larson re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
61	AFFIDAVIT of Shawn A. Grinolds re 42 Response to Motion by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit A - Map depicting location of Backwater Bridge, # 2 Exhibit B - News Releases posted on Morton County website (Part 1), # 3 Exhibit B - News Releases posted on Morton County website (Part 2), # 4 Exhibit C - Emergency Declaration Dakota Access Pipeline Civil Unrest issued by Morton County Commissioners on 8-15-16, # 5 Exhibit D - Criminal Complaint, 30-2016-CR-1696, # 6 Exhibit E - Criminal Complaint, 30-2016-CR-1875, # 7 Exhibit F - Correspondence from John Henderson to Morton County Sheriff Department dated 11-1-16, # 8 Exhibit G - Executive Order 2016-08, # 9 Exhibit H - U.S. Corps of Engineer's Release no. 20160916-002, # 10 Exhibit I - U.S. Corps of Engineer's Release No. 16-027, # 11 Exhibit U.S. Corps of Engineer's Release No. 20161127-001)(Bakke, Randall) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
62	STIPULATION for Extension of Deadlines by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/05/2017)	Jan. 5, 2017	Jan. 5, 2017 PACER
63	(Text Only) ORDER adopting 62 Stipulation for Extension of Deadlines. Plaintiffs shall have until 1/23/2017 to file a reply brief in support of their motion for preliminary injunction. Defendants shall have until 2/6/2017 to file an answer or otherwise respond to plaintiffs' complaint. By Magistrate Judge Charles S. Miller, Jr. (BG) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
	Set/Reset Deadlines: Chad Kaiser answer due 2/6/2017; Kyle Kirchmeier answer due 2/6/2017; City of Mandan answer due 2/6/2017; Morton County answer due 2/6/2017; Stutsman County answer due 2/6/2017; Jason Ziegler answer due 2/6/2017. Set/Reset Deadlines as to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction .( Replies due by 1/23/2017.) (rh)	Jan. 6, 2017	Jan. 6, 2017 PACER
64	MOTION for Protective Order by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
65	MEMORANDUM in Support re 64 MOTION for Protective Order filed by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
66	AFFIDAVIT of Randall J. Bakke re 65 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit A - Letter to Plaintiffs' counsel from Randall Bakke dated December 12, 2016, # 2 Exhibit B - Email Chain from December 2016 between counsel, # 3 Exhibit C - Letter from Randall Bakke to Plaintiffs' counsel dated December 19, 2016, # 4 Exhibit D - Letter from Plaintiffs' counsel to the Court dated December 21, 2016, # 5 Exhibit E - Defendants' Proposed Protective Order)(Bakke, Randall) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
67	AFFIDAVIT of Kyle Kirchmeier re 65 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 1 - Email to Kirchmeier)(Bakke, Randall) (Entered: 01/06/2017) 1 Exhibit 1 - Email to Kirchmeier View on PACER	Jan. 6, 2017	Jan. 6, 2017 RECAP
68	AFFIDAVIT of Cody Schulz re 65 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 2 - Social Media Post, # 2 Exhibit 3 - Social Media Post, # 3 Exhibit 4 - Social Media Post, # 4 Exhibit 7 - Audio File of Voicemail Message)(Bakke, Randall) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
69	MOTION for Leave to File Under Seal and Redact Publicaly Filed Documents by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Proposed Sealed Document Memorandum in Support of Defendants' Motion for Leave to File Under Seal and To Redact Publicly Filed Documents, # 2 Proposed Sealed Document Exhibit 1 to the Affidavit of Cody Schulz, # 3 Proposed Sealed Document Exhibit 5 to the Affidavit of Cody Schulz, # 4 Proposed Sealed Document Exhibit 6 to the Affidavit of Cody Schulz, # 5 Proposed Sealed Document Supplemental Affidavit of Cody Larson, # 6 Proposed Sealed Document Exhibit 1 to the Affidavit of Cody Larson - Redacted, # 7 Proposed Sealed Document Exhibit 1 to the Affidavit of Cody Larson - Unredacted)(Bakke, Randall) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
70	RESPONSE to Motion re 64 MOTION for Protective Order filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Attachments: # 1 Exhibit 1, Plaintiffs' Proposed Protective Order)(Lederman, Rachel) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
71	SUPPLEMENT - EXHIBIT 7: CD Audio File of Voice-mail Message to document: 68 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (jt) (Entered: 01/09/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
72	(Text Only) ORDER by Magistrate Judge Charles S. Miller, Jr. granting 69 Motion for Leave to File Under Seal. (BG) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
73	SEALED DOCUMENT Exhibit 1 re 68 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
74	SEALED DOCUMENT Exhibit 5 re 68 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
75	SEALED DOCUMENT Exhibit 6 re 68 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
76	SEALED DOCUMENT Supplemental Affidavit of Cody Larson re 65 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 1)(Bakke, Randall) Modified on 1/10/2017 to remove excess text (cjs). (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
77	AFFIDAVIT of Cody Larson (Supplemental) - Redacted re 65 MEMORANDUM in Support by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 1)(Bakke, Randall) Modified on 1/10/2017 to remove excess docket text (cjs). (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
78	REDACTION Exhibit 1 to 68 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6)(Bakke, Randall) Modified on 1/10/2017 to remove excess docket text(cjs). (Entered: 01/09/2017)	Jan. 9, 2017	Jan. 9, 2017 PACER
79	REPLY to Response to Motion re 64 MOTION for Protective Order filed by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Bakke, Randall) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
80	REPLY to Response to Motion re 64 MOTION for Protective Order filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Lederman, Rachel) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
81	REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Attachments: # 1 Frazier Dec, # 2 johnson Dec, # 3 Wagner Dec, # 4 Joseph Dec, # 5 His Horse is Thunder Dec, # 6 Kalergis Dec, # 7 Terrence Dec, # 8 Bates Dec, # 9 Rogers Dec, # 10 Mitchell Dec, # 11 Auerbach Dec, # 12 Chang Dec, # 13 Murphy Dec, # 14 Toraty Dec, # 15 Stein Dec, # 16 Rojas Dec, # 17 Gaudet Dec, # 18 Karayof Dec, # 19 Labro Dec, # 20 Kubala Dec, # 21 Flores Dec, # 22 Constantino Dec, # 23 Weeks Dec, # 24 Kanahele Dec, # 25 Candia Dec, # 26 DuBois Dec, # 27 Lenoble Dec, # 28 Lopez Dec, # 29 Madsen Dec)(Lederman, Rachel) Modified on 1/24/2017 to remove excess docket text (cjs). (Entered: 01/23/2017)	Jan. 23, 2017	Jan. 23, 2017 PACER
82	MOTION for Leave to File Excess Pages by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Lederman, Rachel) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
83	RESTRICTED - WRONG EVENT SELECTED MOTION for Leave to File Excess Pages MEMORANDUM IN SUPPORT by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Lederman, Rachel) Modified on 1/24/2017 to restrict access. (rh) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
84	RESTRICTED - WRONG EVENT SELECTED REPLY to Response to Motion re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction DECLARATION OF RACHEL LEDERMAN filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Attachments: # 1 Exhibit 1, Oakland Crowd Control Policy, # 2 Exhibit 2 - Chief's Memo on Crowd Control)(Lederman, Rachel) Modified on 1/24/2017 to restrict access. (rh) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
85	MEMORANDUM in Support re 82 MOTION for Leave to File Excess Pages filed by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (rh) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
86	SUPPLEMENT (Declaration of Rachel Lederman) to document: 81 Reply to Response to Motion by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Attachments: # 1 Exhibit 1 - Oakland Crowd Control Policy, # 2 Exhibit 2 - Chief's Memo on Crowd Control)(rh) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
	DOCKET CORRECTION re: 83 Motion for Leave to File Excess Pages. Wrong event selected. Clerk's office restricted access to document and re-filed as Memorandum in Support at 85 . Re: 84 Reply to Response to Motion. Wrong event selected. Clerk's office restricted access to document and re-filed as Supplement at 86 . (rh)	Jan. 24, 2017	Jan. 24, 2017 PACER
87	(Text Only) ORDER by Chief Judge Daniel L. Hovland granting 82 Motion for Leave to File Excess Pages. (JM) (Entered: 01/24/2017)	Jan. 24, 2017	Jan. 24, 2017 PACER
88	NOTICE of Hearing: Status Conference set for 1/26/2017 at 02:30 PM by telephone before Chief Judge Daniel L. Hovland. Parties are to call in with access codes provided in previous email.(JM) (Entered: 01/25/2017)	Jan. 25, 2017	Jan. 25, 2017 PACER
89	Minute Entry for proceedings held before Chief Judge Daniel L. Hovland: Status Conference held on 1/26/2017. (Court Reporter SE) (jr) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017 PACER
90	NOTICE of Appearance by Melinda Power on behalf of All Plaintiffs (Power, Melinda) (Entered: 01/28/2017)	Jan. 28, 2017	Jan. 28, 2017 RECAP
91	SUPPLEMENT (11/20/16 video of Backwater Bridge Incident) to document: 81 Reply to Response to Motion,,, by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (rh) (Entered: 01/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
92	AFFIDAVIT of Shawn A. Grinolds by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (Attachments: # 1 Exhibit A - Flash Drive containing photographs and video, # 2 Exhibit B - Index of photographs and video)(Bakke, Randall) (Entered: 01/30/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
93	SUPPLEMENT (Exhibit A - Flash Drive) to document: 92 Affidavit, by Chad Kaiser, Kyle Kirchmeier, City of Mandan, Morton County, Stutsman County, Jason Ziegler. (rh) (Entered: 01/31/2017)	Jan. 30, 2017	Jan. 30, 2017 PACER
94	SUPPLEMENT Declaration of Lauren Regan re Video DVD to document: 81 Reply to Response to Motion by Mariah Marie Bruce, David Demo, Guy Dullknife, III, Vanessa Dundon, Frank Finan, Israel Hoagland-Lynn, Noah Michael Treanor, Crystal Wilson, Jade Kalikolehuaokal Wool. (Lederman, Rachel) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER

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Case Details

State / Territory: North Dakota

Case Type(s):

Policing

Environmental Justice

Key Dates

Filing Date: Dec. 28, 2016

Closing Date: Dec. 30, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are a group of nine individuals seeking to represent a class of "water protectors" injured by law enforcement while protesting the Dakota Access Pipeline.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Morton County, County

Stutsman County (Stutsman), County

City of Mandan (Morton), City

Defendant Type(s):

Law-enforcement