1
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COMPLAINT against Alvin Jaeger (Filing fee $402, receipt number 322000147) filed by Wesley Davis, Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, Zachery S. King and Collette Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - November 1, 2021 Letter)(sj) Modified on 2/7/2022 to add filer, Collette Brown. NEF Regenerated. (sj). (Entered: 02/07/2022)
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Feb. 7, 2022
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Feb. 7, 2022
Clearinghouse
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2
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Summons Issued as to Alvin Jaeger. (sj) (Entered: 02/07/2022)
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Feb. 7, 2022
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Feb. 7, 2022
PACER
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3
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MOTION to Appear Pro Hac Vice Molly Danahy (Filing fee $150, receipt number ANDDC-2358138) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Danahy, Molly) Modified on 2/10/2022 to add receipt number (mf) (Entered: 02/09/2022)
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Feb. 9, 2022
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Feb. 9, 2022
PACER
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4
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 3 Motion to Appear Pro Hac Vice for Attorney Molly E. Danahy. (mf) (Entered: 02/10/2022)
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Feb. 10, 2022
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Feb. 10, 2022
PACER
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5
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ACKNOWLEDGMENT OF SERVICE Executed by Matthew A. Sagsveen filed by Wesley Davis, Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, Zachery S. King, Collette Brown. Alvin Jaeger served on 2/14/2022, answer due 3/7/2022. (Carter, Michael) (Entered: 02/15/2022)
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Feb. 15, 2022
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Feb. 15, 2022
PACER
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6
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NOTICE of Appearance by Matthew A. Sagsveen on behalf of Alvin Jaeger (Sagsveen, Matthew) (Entered: 02/15/2022)
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Feb. 15, 2022
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Feb. 15, 2022
PACER
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7
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NOTICE of Appearance by David R. Phillips on behalf of Alvin Jaeger (Phillips, David) (Entered: 02/15/2022)
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Feb. 15, 2022
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Feb. 15, 2022
PACER
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8
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STIPULATION re 1 Complaint, for Extension of Deadline to Answer by Alvin Jaeger. (Phillips, David) (Entered: 02/18/2022)
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Feb. 18, 2022
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Feb. 18, 2022
PACER
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9
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal Adopting 8 Stipulation. Defendant's answer to 1 Complaint due by 4/15/2022. (KT) (Entered: 02/22/2022)
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Feb. 22, 2022
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Feb. 22, 2022
PACER
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Set/Reset Deadlines
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Feb. 22, 2022
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Feb. 22, 2022
PACER
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Set/Reset Deadlines: Alvin Jaeger answer due 4/15/2022. (pb)
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Feb. 22, 2022
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Feb. 22, 2022
PACER
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10
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*RESTRICTED - FEE NOT PAID* MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing Fee: Waived) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/12/2022 to restrict access (lf). (Entered: 03/14/2022)
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March 14, 2022
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March 14, 2022
PACER
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11
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*RESTRICTED - FILED IN ERROR* (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 10 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj) Modified on 4/12/2022 to restrict access (lf). (Entered: 03/23/2022)
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March 23, 2022
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March 23, 2022
PACER
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12
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NOTICE of Hearing: Status Conference set for 4/13/2022 at 03:30 PM in Fargo Courtroom 1 and by video before Chief Judge Peter D. Welte. Parties will appear via video. Video instructions provided to counsel via email. (EA) (Entered: 04/08/2022)
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April 8, 2022
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April 8, 2022
PACER
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13
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*RESTRICTED - FILER WILL RE-FILE AND PAY FILING FEE VIA PAY.GOV* MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/13/2022 to restrict access (lf). (Entered: 04/12/2022)
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April 12, 2022
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April 12, 2022
PACER
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DOCKET CORRECTION re: 10 Motion to Appear Pro Hac Vice and 11 Order. Motion was inadvertently filed without payment of the filing fee. The motion and order have been restricted and attorney Sells will refile the motion. (lf)
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April 12, 2022
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April 12, 2022
PACER
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14
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MOTION to Appear Pro Hac Vice Attorney Bryan L. Sells (Filing fee $150, receipt number: CNDDC-2403027) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Sells, Bryan) Modified on 4/13/2022 to add receipt number. (sj). (Entered: 04/13/2022)
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April 13, 2022
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April 13, 2022
PACER
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15
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 14 Motion to Appear Pro Hac Vice for Attorney Bryan L. Sells. (sj) (Entered: 04/13/2022)
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April 13, 2022
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April 13, 2022
PACER
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16
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Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 4/13/2022. (Court Reporter kk) (lh) (Entered: 04/13/2022)
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April 13, 2022
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April 13, 2022
PACER
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17
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MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Alvin Jaeger. (Phillips, David) (Entered: 04/15/2022)
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April 15, 2022
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April 15, 2022
PACER
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18
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MEMORANDUM in Support re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Alvin Jaeger. (Phillips, David) (Entered: 04/15/2022)
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April 15, 2022
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April 15, 2022
RECAP
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19
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AFFIDAVIT re 18 MEMORANDUM in Support by Alvin Jaeger. (Attachments: # 1 Exhibit 1 - House Bill 1504, signed by Governor Burgum on November 11, 2021, # 2 Exhibit 2 - Order in Arkansas State Conference NAACP, et. al. v. The Arkansas Board of Apportionment, et. al., Case 4:21-cv-01239)(sj) (Entered: 04/15/2022)
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April 15, 2022
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April 15, 2022
PACER
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20
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NOTICE of Appearance by Timothy Q. Purdon on behalf of Turtle Mountain Band of Chippewa Indians (Purdon, Timothy) (Entered: 04/21/2022)
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April 21, 2022
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April 21, 2022
PACER
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21
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NOTICE of Appearance by Samantha Blencke Kelty on behalf of All Plaintiffs (Kelty, Samantha) (Entered: 04/27/2022)
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April 27, 2022
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April 27, 2022
PACER
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22
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STIPULATION re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Carter, Michael) (Entered: 05/06/2022)
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May 6, 2022
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May 6, 2022
PACER
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23
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(Text Only) ORDER adopting the 22 Stipulation for an Extension of Time re: 17 MOTION to Dismiss. Plaintiff's response is due by 5/13/2022. (AS) (Entered: 05/09/2022)
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May 9, 2022
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May 9, 2022
PACER
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24
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RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Carter, Michael) (Entered: 05/13/2022)
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May 13, 2022
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May 13, 2022
PACER
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25
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BRIEF re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Statement of Interest of the United States) by United States of America. (Williamson, Victor) (Entered: 05/20/2022)
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May 20, 2022
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May 20, 2022
PACER
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26
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REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Alvin Jaeger. (Phillips, David) (Entered: 05/27/2022)
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May 27, 2022
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May 27, 2022
PACER
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27
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ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 7/1/2022 at 09:00 AM before Magistrate Judge Alice R. Senechal. (AS) (Entered: 06/01/2022)
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June 1, 2022
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June 1, 2022
PACER
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28
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Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 7/1/2022. (DR #220701-000 (Chambers Recorder)) (td) (Entered: 07/01/2022)
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July 1, 2022
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July 1, 2022
PACER
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29
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SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 12/1/2022. Discovery Motions due by 12/8/2022. Plaintiff(s) Expert Witness Disclosures and Reports due by 11/15/2022. Defendant(s) Expert Witness Disclosures and Reports due by 12/15/2022. Any Rebuttal Expert Disclosures due by 1/16/2023. Discovery Depositions of Expert Witnesses due by 2/1/2023. Join Additional Parties due by 8/1/2022. Amended Pleadings due by 8/1/2022. Nondispositive Motions due by 9/1/2022. Dispositive Motions due by 2/1/2023. Mid-Discovery Status Conference set for 9/15/2022 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiffs shall initiate the call in conjunction with the plaintiffs in Walen v. Burgum, No. 1:22-cv-31. The telephone number for chambers is 701-297-7070. (AS) Modified on 7/1/2022 to correct typographical errors per Chambers. NEF Regenerated. (sj). (Entered: 07/01/2022)
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July 1, 2022
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July 1, 2022
PACER
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Set/Reset Deadlines: Discovery Depositions of Expert Witnesses due by 2/1/2023; Set/Reset Hearings: Mid-Discovery Status Conference set for 9/15/2022 at 10:00 AM by telephone before Magistrate Judge Alice R. Senechal. (cjs)
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July 5, 2022
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July 5, 2022
PACER
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30
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ORDER by Chief Judge Peter D. Welte denying 17 Motion to Dismiss for Lack of Jurisdiction; denying 17 Motion to Dismiss for Failure to State a Claim (JS) (Entered: 07/07/2022)
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July 7, 2022
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July 7, 2022
Clearinghouse
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31
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ANSWER to 1 Complaint, by Alvin Jaeger.(Phillips, David) (Entered: 07/21/2022)
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July 21, 2022
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July 21, 2022
PACER
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32
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal. Per discussion at the 9/15/2022 status conference, the Scheduling Order is amended as follows: Plaintiff(s) Expert Witness Disclosures and Reports due by 11/30/2022. Defendant(s) Expert Witness Disclosures and Reports due by 1/17/2023. Any Rebuttal Expert Disclosures due by 2/16/2023. Discovery Depositions of Expert Witnesses due by 3/16/2023. (AS) (Entered: 09/15/2022)
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Sept. 15, 2022
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Sept. 15, 2022
PACER
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33
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Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Mid-Discovery Status Conference held on 9/15/2022. (DR #220915-002 Walen Turtle Mtn) (td) (Entered: 09/15/2022)
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Sept. 15, 2022
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Sept. 15, 2022
PACER
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34
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Order for Final Pretrial Conference and Trial Preparation Deadlines by Magistrate Judge Alice R. Senechal. Two business days prior to the Final Pretrial Conference, counsel must email the Final Pretrial Statement; Exhibit List and Witness List for each party; and Expert Reports to ndd_J-Senechal@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. Final Pretrial Conference set for 5/30/2023 at 02:00 PM in Chambers before Magistrate Judge Alice R. Senechal. (AS) (Entered: 09/30/2022)
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Sept. 30, 2022
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Sept. 30, 2022
PACER
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35
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NOTICE of Hearing: Bench Trial set for 6/12/2023 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (Trial Est. 5 Days). (AS) (Entered: 09/30/2022)
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Sept. 30, 2022
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Sept. 30, 2022
PACER
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36
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NOTICE of Appearance by Nicole Hansen on behalf of Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians (Hansen, Nicole) (Entered: 11/10/2022)
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Nov. 10, 2022
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Nov. 10, 2022
PACER
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37
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MOTION to Quash by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 11/17/2022)
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Nov. 17, 2022
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Nov. 17, 2022
PACER
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38
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MEMORANDUM in Support re 37 MOTION to Quash filed by William R. Devlin, North Dakota Legislative Assembly. (Attachments: # 1 Exhibit A - Subpoena to Testify at a Deposition in a Civil Action, # 2 Exhibit B - Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action)(Porsborg, Scott) (Entered: 11/17/2022)
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Nov. 17, 2022
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Nov. 17, 2022
PACER
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39
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MOTION for Extension of Time to Complete Discovery (Unopposed) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 11/28/2022)
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Nov. 28, 2022
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Nov. 28, 2022
PACER
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40
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed 39 Motion for Extension of Time to Complete Discovery. The deadline to file discovery motions related to third-party subpoenas is extended to 12/22/2022. The deadline for plaintiffs to respond to defendant's discovery requests is extended to 12/15/2022. The discovery deadline as to the deposition of Representative Bill Devlin is stayed pending a ruling on the pending motion to quash. The fact discovery deadline is extended until 12/22/2022. (AS) (Entered: 11/29/2022)
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Nov. 29, 2022
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Nov. 29, 2022
PACER
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Set/Reset Scheduling Order Deadlines: Discovery due by 12/22/2022. See Order at 40 . (sj)
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Nov. 29, 2022
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Nov. 29, 2022
PACER
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41
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RESPONSE to Motion re 37 MOTION to Quash filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 12/01/2022)
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Dec. 1, 2022
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Dec. 1, 2022
PACER
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42
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MOTION for Leave to File Supplemental Complaint (Unopposed) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Supplemental Complaint, # 2 Proposed Order)(Gaber, Mark) Modified to clarify attachment description on 12/7/2022 (sc). (Entered: 12/06/2022)
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Dec. 6, 2022
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Dec. 6, 2022
PACER
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43
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 42 Unopposed Motion for Leave to File. Counsel is directed to file the supplemental complaint. (KT) (Entered: 12/07/2022)
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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44
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AMENDED COMPLAINT (Supplemental Complaint) against Alvin Jaeger filed by Zachery S. King, Collette Brown, Wesley Davis, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians.(Gaber, Mark) (Entered: 12/07/2022)
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Dec. 7, 2022
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Dec. 7, 2022
Clearinghouse
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DOCKET CORRECTION re: 42 MOTION for Leave to File Supplemental Complaint (Unopposed). Clerk's office added more complete description to attachment. (sc)
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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45
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REPLY to Response to Motion re 37 MOTION to Quash filed by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 12/08/2022)
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Dec. 8, 2022
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Dec. 8, 2022
PACER
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46
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NOTICE of Appearance by Bradley Neuman Wiederholt on behalf of Alvin Jaeger (Wiederholt, Bradley) (Entered: 12/12/2022)
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Dec. 12, 2022
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Dec. 12, 2022
PACER
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47
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MOTION Enforce Third-Party Subpoenas by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Defendants' Rule 26(a)(1) Disclosures, # 2 Exhibit 2: Initial Objections, # 3 Exhibit 3: Nov. 9 Email from S. Porsborg, # 4 Exhibit 4: Supplemental Objections, # 5 Exhibit 5: May 5, 2022 PI Hr'g Tr. Excerpt, # 6 Exhibit 6: Henderson Deposition Transcript, # 7 Exhibit 7: Walen Deposition Transcript, # 8 Exhibit 8: Subpoena Compilation, # 9 Proposed Order)(Gaber, Mark) (Attachment 6 and 7 replaced on 12/23/2022) (sc). Modified to replace attachments 6 and 7 to enlarge headers on 12/23/2022. NEF regenerated (sc). (Entered: 12/22/2022)
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Dec. 22, 2022
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Dec. 22, 2022
PACER
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48
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ORDER by Magistrate Judge Alice R. Senechal denying 37 Motion to Quash. (AS) (Entered: 12/22/2022)
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Dec. 22, 2022
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Dec. 22, 2022
PACER
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