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| Case Name Case Number Judge |
Nature of Suit Summary |
|---|---|
| Kunzer v. Magill 09-1950 DSD/FLN Chief Judge Daniel L. Hovland 10/29/2009 |
000 No Nature of Suit Code Used The Plaintiff filed an action against the former United States Attorney for the District of Minnesota for failure to prosecute. The Defendant filed a motion to dismiss. The Court granted the Defendant’s motion to dismiss, finding that the United States Attorney was protected by absolute immunity as to the exercise of his discretion and judgment in determining whether to initiate a prosecution. |
| USA v. Tyrone Roper 4-08-cr-22 Chief Judge Daniel L. Hovland 10/21/2009 |
000 No Nature of Suit Code Used An indictment was filed against the defendant in the Western District of Kentucky. The defendant was arrested in the District of North Dakota and requested a Rule 20 Transfer of his case to North Dakota. The defendant has failed to appear at scheduled hearings in this district. The Government filed a motion to vacate the Rule 20 Transfer, arguing that the defendant’s failure to appear is in violation of the rule. The Court granted the Government’s motion and vacated the Rule 20 Transfer, finding that by failing to appear at the scheduled hearings, the defendant is continuing to maintain a de facto not guilty plea to the charges. |
| Nokota Horse Conservancy, Inc. v. Bernhardt, et al. 1-09-cv-24 Chief Judge Daniel L. Hovland 10/20/2009 |
840 Trademark The plaintiff filed a motion for temporary restraining order and/or preliminary injunction, arguing that the defendants should be enjoined and restrained from using the mark “NOKOTA” in any way, including at a pending roundup sale of horses. The Court granted the plaintiff’s motion for temporary restraining order, finding that the Dataphase factors weigh in favor of the issuance of a temporary restraining order. |
| XTO Energy, Inc. v. Schmidt 4-09-cv-66 Chief Judge Daniel L. Hovland 10/20/2009 |
290 All Other Real Property The Plaintiff filed an ex parte motion for a temporary restraining order, arguing that the Defendant should be enjoined from interfering with the Plaintiff’s attempts to access the Defendant’s property for geophysical operations. The Court granted the motion, finding that the Dataphase factors for issuance of a temporary restraining order were satisfied. |
| Medcenter One Health Systems, et al. v. Health & Human Services 1-08-cv-63 Chief Judge Daniel L. Hovland 10/13/2009 |
151 Medicare Act The Plaintiffs filed a motion for summary judgment and the Defendant filed a cross-motion for summary judgment. The Court granted the Plaintiffs’ motion and denied the Defendant’s motion, finding that the Administrator of the Centers for Medicare and Medicaid Services’ decision was arbitrary and capricious. |
| Clausen v. National Geographic Society, et al. 4-08-cv-103 Chief Judge Daniel L. Hovland 10/9/2009 |
440 Other Civil Rights The defendants filed a motion for judgment on the pleadings, arguing that the plaintiff lacks standing to pursue the Title IX, breach of contract, state law discrimination, and fraud claims. The defendants further argue that the plaintiff’s state law retaliation claims are barred by the applicable statute of limitations and that they do not owe the plaintiff a fiduciary duty. The Court granted the defendants’ motion for judgment on the pleadings, finding that the plaintiff’s claims under the state whistle-blower statute and the state Human Rights Act are time-barred, and that the plaintiff failed to assert a valid Title IX, breach of contract, actual fraud, or constructive fraud claim. As such, all claims should be dismissed as a matter of law. |
| USA v. Micheal Fisher 1-08-cr-26 Judge Daniel L. Hovland 11/17/2009 |
000 No Nature of Suit Code Used The defendant pled guilty to various counts of filing false tax returns and conspiracy to defraud. During the first phase of the sentencing hearing, both parties were afforded the opportunity to present evidence designed to address the disputed facts in the PSR and the parties’ objections to the Sentencing Guideline calculations. The parties then submitted post-hearing briefs. The Court found that a downward departure to criminal history category II is warranted, that the tax loss is greater than $400,000, that a two-level increase for a role adjustment is warranted, and that the defendant is entitled to a two-level reduction for acceptance of responsibility. |
| EOG Resources Inc. v. Badlands Power Fuels LLC, et al. 4-08-cv-38 Judge Daniel L. Hovland 11/17/2009 |
190 Other Contract Defendant Badlands Power Fuels filed a motion for summary judgment, arguing that the indemnity provisions within a contract for oil well services violated the public policy of North Dakota pursuant to N.D.C.C. § 9-08-02. The Court denied the motion, finding that the indemnity provisions did not violate the public policy of North Dakota. |
| Iverson v. Bronco Drilling Company, Inc., et al. 4-08-cv-10 Judge Daniel L. Hovland 11/4/2009 |
360 Other Personal Injury Defendants Petro-Hunt, L.L.C. and RPM Consulting, Inc. filed motions for summary judgment, based on independent contractor status. The plaintiff does not object to RPM Consulting, Inc.’s motion. The Court granted the motions for summary judgment, finding that Petro-Hunt, L.L.C. did not owe the plaintiff a duty to protect him from injuries caused by the acts or omissions of RPM Consulting, Inc. and Kenneth McIntyre, and Petro-Hunt, L.L.C. did not negligently retain control over Bronco Drilling Company, Inc. The claims against Petro-Hunt, L.L.C. and RPM Consulting, Inc. were dismissed as a matter of law. |
| Herschbach, et al. v. Herschbach, et al. 1-09-cv-08 Judge Daniel L. Hovland 11/3/2009 |
290 All Other Real Property The Defendant filed a motion for a change of venue, arguing that there is an identical action pending in the Eastern District of Texas and that the issues could be resolved more efficiently in Texas. The Court granted the motion, finding that the interests of justice compel a transfer of this action to federal court in the Eastern District of Texas. |
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