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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. 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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