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
|
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
|
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
|
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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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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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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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
|
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
|
28
|
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
|
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
|
July 1, 2022
PACER
|
|
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
|
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
|
July 7, 2022
Clearinghouse
|
31
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ANSWER to 1 Complaint, by Alvin Jaeger.(Phillips, David) (Entered: 07/21/2022)
|
July 21, 2022
|
July 21, 2022
PACER
|
32
|
(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)
|
Sept. 15, 2022
|
Sept. 15, 2022
PACER
|
33
|
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
|
Sept. 15, 2022
PACER
|
34
|
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)
|
Sept. 30, 2022
|
Sept. 30, 2022
PACER
|
35
|
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)
|
Sept. 30, 2022
|
Sept. 30, 2022
PACER
|
36
|
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
|
Nov. 10, 2022
PACER
|
37
|
MOTION to Quash by William R. Devlin, North Dakota Legislative Assembly. (Porsborg, Scott) (Entered: 11/17/2022)
|
Nov. 17, 2022
|
Nov. 17, 2022
PACER
|
38
|
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
|
Nov. 17, 2022
PACER
|
39
|
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
|
Nov. 28, 2022
PACER
|
40
|
(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
|
Nov. 29, 2022
PACER
|
|
Set/Reset Scheduling Order Deadlines: Discovery due by 12/22/2022. See Order at 40 . (sj)
|
Nov. 29, 2022
|
Nov. 29, 2022
PACER
|
41
|
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
|
Dec. 1, 2022
PACER
|
42
|
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
|
Dec. 6, 2022
PACER
|
|
DOCKET CORRECTION re: 42 MOTION for Leave to File Supplemental Complaint (Unopposed). Clerk's office added more complete description to attachment. (sc)
|
Dec. 7, 2022
|
Dec. 7, 2022
PACER
|
43
|
(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)
|
Dec. 7, 2022
|
Dec. 7, 2022
PACER
|
44
|
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
|
Dec. 7, 2022
Clearinghouse
|
45
|
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)
|
Dec. 8, 2022
|
Dec. 8, 2022
PACER
|
46
|
NOTICE of Appearance by Bradley Neuman Wiederholt on behalf of Alvin Jaeger (Wiederholt, Bradley) (Entered: 12/12/2022)
|
Dec. 12, 2022
|
Dec. 12, 2022
PACER
|
47
|
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)
|
Dec. 22, 2022
|
Dec. 22, 2022
PACER
|
48
|
ORDER by Magistrate Judge Alice R. Senechal denying 37 Motion to Quash. (AS) (Entered: 12/22/2022)
|
Dec. 22, 2022
|
Dec. 22, 2022
PACER
|
89
|
ORDER by Chief Judge Peter D. Welte denying 58 Motion for Summary Judgment. (EA)
|
April 10, 2023
|
April 10, 2023
RECAP
|
90
|
ORDER by Chief Judge Peter D. Welte granting 75 Motion to Set Deadlines for Compliance with Third Party Subpoenas and denying 82 Motion to Stay. (EA) (Entered: 04/11/2023)
|
April 11, 2023
|
April 11, 2023
RECAP
|
91
|
NOTICE of USCA Order staying 90 Order pending disposition of the Petition for Writ of Mandamus (USCA8: 23-1600). (sc) (Entered: 04/17/2023)
|
April 17, 2023
|
April 17, 2023
PACER
|
92
|
MANDATE of USCA as to 80 Notice of Interlocutory Appeal, filed by Nicole Poolman, Richard Wardner, Michael Nathe, Terry Jones, North Dakota Legislative Assembly, Ray Holmberg, William R. Devlin, Claire Ness (sj) (Entered: 04/24/2023)
|
April 24, 2023
|
April 24, 2023
PACER
|
93
|
MOTION in Limine by Michael Howe. (Phillips, David) (Entered: 05/12/2023)
|
May 12, 2023
|
May 12, 2023
PACER
|
94
|
MEMORANDUM in Support re 93 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/12/2023)
|
May 12, 2023
|
May 12, 2023
PACER
|
95
|
AFFIDAVIT of David R. Phillips re 94 MEMORANDUM in Support by Michael Howe. (Attachments: # 1 Exhibit 1 - Deposition transcript of Weston McCool taken on February 16, 2023, # 2 Exhibit 2 - Plaintiffs' Rule 26(a) Initial Disclosures, # 3 Exhibit 3 - Plaintiffs' Second Set of Supplemental Disclosures)(Phillips, David) (Entered: 05/12/2023)
|
May 12, 2023
|
May 12, 2023
PACER
|
96
|
MOTION in Limine by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 05/12/2023)
|
May 12, 2023
|
May 12, 2023
PACER
|
97
|
MEMORANDUM in Support re 96 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Defendant's Supplemental Disclosures, # 2 Exhibit 2: Defendant's Initial Disclosures, # 3 Exhibit 3: Defendant's Expert Disclosures)(Gaber, Mark) (Entered: 05/12/2023)
|
May 12, 2023
|
May 12, 2023
PACER
|
98
|
RESPONSE to Motion re 93 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Declaration of Mark P. Gaber, # 2 Exhibit 1: Order, Perez v. Texas, # 3 Exhibit 2: Declaration of David G. Bradlee, # 4 Exhibit 3: Declaration of Dr. Loren Collingwood, # 5 Exhibit 4: Memorandum from Bernard Grofman, Ph.D. and Sean Trende to Virginia Supreme Court, # 6 Exhibit 5: Special Master Report of Bernard Grofman, Ph.D., Holloway v. City of Virginia Beach, # 7 Exhibit 6: N.D. Legislative Redistricting Committee Meeting Transcript (Aug. 26, 2021), # 8 Exhibit 7: Declaration of Washington Redistricting Committee Chair Sarah Augustine, Washington Supreme Court, # 9 Exhibit 8: Email from Clark Benson to Dr. Trey Hood III)(Gaber, Mark) (Attachment 2, 6, and 9 replaced on 5/23/2023 to remove double headers). Regenerated on 5/23/2023 (mf) (Entered: 05/22/2023)
|
May 22, 2023
|
May 22, 2023
PACER
|
99
|
RESPONSE to Motion re 96 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/24/2023)
|
May 24, 2023
|
May 24, 2023
PACER
|
100
|
AFFIDAVIT of David R. Phillips re 99 Response to Motion by Michael Howe. (Attachments: # 1 Exhibit A - Transcript of the Deposition of Daniel McCool, # 2 Exhibit B - Plaintiff Turtle Mountain Band of Chippewa Indians Answer to Defendant's Interrogatories and Requests for Production of Documents to Plaintiffs (Set No.1), # 3 Exhibit C - Plaintiff Spirit Lake Tribe-s Answer to Defendant's Interrogatories and Requests for Production of Documents to Plaintiffs (Set No. 1), # 4 Exhibit D - Referenced emails involving Campbell)(Phillips, David) (Entered: 05/24/2023)
|
May 24, 2023
|
May 24, 2023
PACER
|
101
|
REPLY to Response to Motion re 96 MOTION in Limine filed by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit 1: Sept. 15, 2021 Redistricting Committee Transcript, # 2 Exhibit 2: 2021 Enacted ND State House Map, # 3 Exhibit 3: Joint Legislative Redistricting Committee Meeting Minutes (Nov. 8, 2021), # 4 Exhibit 4: Nov. 8, 2021 Redistricting Committee Meeting Transcript, # 5 Exhibit 5: Plaintiffs' Privilege Log, # 6 Exhibit 6: Plaintiffs' Witness List)(Gaber, Mark) (Attachment 1 and 5 replaced on 5/31/2023 to remove overlapping headers) NEF Regenerated on 5/31/2023 (mf) (Entered: 05/30/2023)
|
May 30, 2023
|
May 30, 2023
PACER
|
102
|
REPLY to Response to Motion re 93 MOTION in Limine filed by Michael Howe. (Phillips, David) (Entered: 05/30/2023)
|
May 30, 2023
|
May 30, 2023
PACER
|
103
|
FINAL PRETRIAL ORDER by Magistrate Judge Alice R. Senechal. (Attachments: # 1 Plaintiffs' Witness List, # 2 Plaintiffs' Exhibit List, # 3 Defendant's Witness List, # 4 Defendant's Exhibit List). (AS) (Entered: 05/30/2023)
|
May 30, 2023
|
May 30, 2023
PACER
|
104
|
Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Final Pretrial Conference held on 5/30/2023. (DR #230530-000.Turtle Mountain) (td) (Entered: 05/30/2023)
|
May 30, 2023
|
May 30, 2023
PACER
|
105
|
TRIAL BRIEF by Michael Howe. (Phillips, David) (Entered: 06/05/2023)
|
June 5, 2023
|
June 5, 2023
RECAP
|
106
|
TRIAL BRIEF by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Exhibit A: Hood Deposition Transcript, # 2 Exhibit B: Defendants' Witness List)(Gaber, Mark) (Attachment 1 replaced to fix headers on 6/6/2023) (sc). Modified to replace Attachment 1 on 6/6/2023. NEF regenerated (sc). (Entered: 06/05/2023)
1 Exhibit A: Hood Deposition Transcript
View on PACER
2 Exhibit B: Defendants' Witness List
View on PACER
|
June 5, 2023
|
June 5, 2023
RECAP
|
107
|
ORDER by Chief Judge Peter D. Welte denying 93 Motion in Limine; granting in part and finding as moot in part 96 Motion in Limine (JS) (Entered: 06/09/2023)
|
June 9, 2023
|
June 9, 2023
RECAP
|
108
|
STIPULATION of Facts by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 06/11/2023)
|
June 11, 2023
|
June 11, 2023
RECAP
|
109
|
MOTION for Leave to File Offer of Proof by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 06/12/2023)
|
June 12, 2023
|
June 12, 2023
PACER
|
112
|
Minute Entry for proceedings held before Chief Judge Peter D. Welte: Bench Trial held on 6/12-15/2023 (4 days). (Court Reporter rc) (Attachments: # 1 Plaintiffs' Exhibit List, # 2 Defendant's Exhibit List) (lh) (Entered: 06/15/2023)
|
June 12, 2023
|
June 12, 2023
PACER
|
110
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NOTICE of Appearance by Allison Neswood on behalf of Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians (Neswood, Allison) (Entered: 06/13/2023)
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June 13, 2023
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June 13, 2023
PACER
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111
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RESPONSE to Motion re 109 MOTION for Leave to File Offer of Proof filed by Michael Howe. (Phillips, David) (Entered: 06/13/2023)
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June 13, 2023
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June 13, 2023
PACER
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113
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(Text Only) ORDER by Chief Judge Peter D. Welte granting 109 Motion for Leave to File Offer of Proof for the reasons stated on the record. (JS) (Entered: 06/15/2023)
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June 15, 2023
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June 15, 2023
PACER
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114
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NOTICE OF FILING OF TRANSCRIPT of Bench Trial held June 12-15, 2023 (rc) (Main Document 114 replaced with a non-fillable document on 6/16/2023) (sc). Modified to replace document on 6/16/2023. NEF regenerated (sc). (Entered: 06/16/2023)
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June 16, 2023
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June 16, 2023
PACER
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115
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TRANSCRIPT of Bench Trial, Volume I, held on June 12, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)
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June 16, 2023
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June 16, 2023
PACER
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116
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TRANSCRIPT of Bench Trial, Volume II, held on June 13, 2023 before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)
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June 16, 2023
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June 16, 2023
PACER
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117
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TRANSCRIPT of Bench Trial, Volume III, held on June 14, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)
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June 16, 2023
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June 16, 2023
PACER
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118
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TRANSCRIPT of Bench Trial, Volume IV, held on June 15, 2023, before Judge Peter D. Welte. Court Reporter/Transcriber Ronda Colby, Telephone number 701-530-2309. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 6/23/2023. Redaction Request due 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023. (rc) (Entered: 06/16/2023)
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June 16, 2023
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June 16, 2023
PACER
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119
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MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law (Consented Motion) by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
PACER
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120
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(Text Only) ORDER by Chief Judge Peter D. Welte granting 119 Motion for Extension of Time to File. The parties may file their proposed Findings of Fact and Conclusions of Law on 7/7/2023. (EA) (Entered: 06/29/2023)
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June 29, 2023
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June 29, 2023
PACER
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121
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MOTION to Withdraw as Attorney by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Hansen, Nicole) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
RECAP
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122
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Proposed Findings of Fact by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Gaber, Mark) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
PACER
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123
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Proposed Findings of Fact by Michael Howe. (Phillips, David) (Entered: 07/07/2023)
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July 7, 2023
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July 7, 2023
PACER
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124
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 121 Motion to Withdraw as Attorney. Attorney Nicole Hansen withdrawn from the case. (AS) (Entered: 07/10/2023)
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July 10, 2023
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July 10, 2023
PACER
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125
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MEMORANDUM AND OPINION - FINDINGS OF FACT AND CONCLUSIONS OF LAW by Chief Judge Peter D. Welte. (EA) (Entered: 11/17/2023)
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Nov. 17, 2023
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Nov. 17, 2023
RECAP
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126
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CLERK'S JUDGMENT. (pb) (Entered: 11/17/2023)
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Nov. 17, 2023
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Nov. 17, 2023
PACER
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127
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MOTION for Extension of Time to File Motion for Attorneys' Fees, Expenses, and Costs by Collette Brown, Wesley Davis, Zachery S. King, Spirit Lake Tribe, Turtle Mountain Band of Chippewa Indians. (Attachments: # 1 Proposed Order)(Gaber, Mark) (Entered: 11/27/2023)
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Nov. 27, 2023
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Nov. 27, 2023
PACER
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128
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(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting plaintiffs' unopposed 127 Motion for Extension of Time to File motion for attorneys' fees, expenses, and costs until after resolution of any appeal or after the time for any appeal has expired. Plaintiffs shall file a status report within 10 days of resolution of any appeal or within ten days of expiration of the time for any appeal. (AS) (Entered: 11/28/2023)
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Nov. 28, 2023
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Nov. 28, 2023
PACER
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129
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NOTICE of Appearance by Philip Axt on behalf of Michael Howe (Axt, Philip) (Entered: 12/01/2023)
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Dec. 1, 2023
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Dec. 1, 2023
PACER
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130
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NOTICE OF APPEAL as to 125 MEMORANDUM AND OPINION - FINDINGS OF FACT AND CONCLUSIONS OF LAW, 126 Clerk's Judgment by Michael Howe. Filing fee $605. (Phillips, David) Modified to add link on 12/5/2023 (pb). (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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131
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MOTION to Stay re 126 Clerk's Judgment by Michael Howe. (Phillips, David) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
PACER
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132
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MEMORANDUM in Support re 131 MOTION to Stay re 126 Clerk's Judgment filed by Michael Howe. (Phillips, David) (Entered: 12/04/2023)
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Dec. 4, 2023
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Dec. 4, 2023
RECAP
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Docket Correction
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Dec. 5, 2023
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Dec. 5, 2023
PACER
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DOCKET CORRECTION re: 130 NOTICE OF APPEAL. Clerk's Office added link. (pb)
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Dec. 5, 2023
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Dec. 5, 2023
PACER
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