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 34 |
Filed: 2/1/2006, Entered: None |
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ORDER DISMISSING CASE, Plaintiffs' Motion to Dismiss is granted. Plaintiffs' First Amended Complaint is dismissed without prejudice, each party to pay own costs and attorney fees. Copy to CCL, all counsel. Signed by Judge Charles C. Lovell on 2/1/2006. (GAR, ) (Entered: 02/01/2006)
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| 33 |
Filed: 8/12/2005, Entered: None |
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REPLY by plaintiff to response to motion to dismiss [28-1] (copy to Law Clerk) (GAR) (Entered: 08/16/2005)
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Request |
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| 32 |
Filed: 8/8/2005, Entered: None |
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ORDER by Judge Charles C. Lovell granting motion to extend time to file Rply Brf in suppt of Plfs Motn to Dismiss until 8/12/05 [31-1], Tuholske, Joscelyn (GAR) (Entered: 08/08/2005)
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Request |
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| 31 |
Filed: 7/27/2005, Entered: None, Terminated: 8/8/2005 |
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MOTION by MT Environmental, Earthworks to extend time to file Rply Brf in suppt of Plfs Motn to Dismiss until 8/12/05 w/c/s (red file to CCL) (BAF) Modified on 08/01/2005 (Entered: 08/01/2005)
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Request |
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| 30 |
Filed: 7/21/2005, Entered: None |
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RESPONSE by Canyon Resources to motion to dismiss [28-1] (cpy to LC) (BAF) (Entered: 07/21/2005)
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Request |
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| 29 |
Filed: 7/14/2005, Entered: None |
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MEMORANDUM by MT Environmental, Earthworks in support of motion to dismiss [28-1] (cpy to LC) (BAF) (Entered: 07/15/2005)
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Request |
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| 28 |
Filed: 7/14/2005, Entered: None |
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MOTION by plaintiffs to dismiss (cpy to LC) (BAF) (Entered: 07/15/2005)
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Request |
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| 27 |
Filed: 12/14/2004, Entered: None |
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Amended Scheduling ORDER by Judge Charles C. Lovell - Upon stipulation of pties, Ordered that following sched governs further pretrial procdgs: Joinder of add'l pties- 2/11/05; Amendment of Pldgs- 2/11/05; Disclosure of plf expts-7/1/05; Disclosure of Dft expts 7/29/05; Discovery ddline-9/16/05; Motns ddline-10/7/05; Atty cnfnc to be held wk of 11/14/05; Submit proposed FPTO, Exhibits & Trl brfs- 11/30/05; FPTC and Bench Trial to be set following lodging of FPTO and status confns w/pties. See order for further instrns on discovery, stipulations motions, status rpts, exprt reprts for witnesses, evidence, witness disclosures, sttlmt confnc. FPTO, Trl brfs, exhibits. Trial to be a bench trial in Helena, MT. (cc:Fox, Tuholske/ McMillan) pretrial order ddl set for 11/30/05 (cc: all counsel) (BAF) (Entered: 12/14/2004)
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Request |
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| 26 |
Filed: 12/13/2004, Entered: None |
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MINUTES TELEPHONE CONFERENCE CALL - tim Fox pr. Sarah McMillan pr on line. Both cnsl asking for new pretrial schedule. Proposed sched given: Jndr of pties & amendmt of docs - 2/11/05; ID of experts - 3/4/05 for plf and 4/1/05 for dft; complete discovery 4/15/05; motns ddline-5/12/05; attorney confns - wk of 9/5/05; FPTO Lodged 9/16/05; No trial or PT cnfns set yet. Cnsl hrd. Ask for extension of discovery and expert disclosure. McMillan suggests bifurcating on liability and penalty. Fox needs to spk to client re this. Discussion had whether court should see the property. Discussion had re whether property is being polluted. McMillan says yes, but they need adequate time to prepare case. Extended schedule given: Discovery ddline - 9/16/04; Motions ddline - mid Oct.; Expert disclosure - July; Atty cnfns - mid Nov; Lodging of PTO near end of yr. PT cnfns - January 2006. Trial date to follow. Bifurcation issue is pending. Dates satisfactory to cnsl. Order to follow with amended schedule. Cnsl McMillan should file a motion to bifurcate. Fox can meet with his client and respond. Crt didn't specify date for settlement date and settlmt discussions. There will be a setttlmt confns @ some point. ( granting motion to vacate preliminary pretrial sched order [23-1], granting motion for preliminary pretrial conference hearing [23-2]) Done before Judge Charles Lovell. (BAF) (Entered: 12/13/2004)
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Request |
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| 25 |
Filed: 11/8/2004, Entered: None |
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ANSWER by defendant Canyon Resources to First Amended complaint [5-1] (copy to Law Clerk) (GAR) (Entered: 11/09/2004)
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Request |
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| 24 |
Filed: 11/8/2004, Entered: None |
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ANSWER by defendant C.R. Kendall to First Amended complaint [5-1] (copy to Law Clerk) (GAR) (Entered: 11/09/2004)
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Request |
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| 23 |
Filed: 11/2/2004, Entered: None |
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MOTION by defendants to vacate preliminary pretrial sched order , and for preliminary pretrial conference hearing Copy and propo order to Law Clerk (GAR) (Entered: 11/03/2004)
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Request |
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| 22 |
Filed: 10/19/2004, Entered: None |
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ORDER by Judge Charles C. Lovell granting motion to dismiss CR Kendall mine. Plf's 1st Amended Complaint is Dismissed as against CR. Kendall Mine only. FURTHER ORDERED denying CR Kendall Corporation's motion to dismiss on statute of limitations grounds w/lv to refile as partial summary jgmt motion or as a proposed conclusion of law at the trial stage. FURTHER ORDERED that Deft Canyon Resources' Motion to Dismiss for lack of jurisdiction [7-1] is denied. Further ordered denying Kendall Corporation's motion to dismiss for insufficiency of notice is denied, & to the extent that either party deft has joined a motion to Dismiss of the other herein, that Motion is denied. FURTHER ORDERED Dfts shall answer 1st amended Complaint by 11/8/04. Prelim PT Schedule: Joinder of Add'l p ties-11/12/04; Amendment of Pldgs-11/12/04; Plf expert disclosure-11/26/04; Dft disclosure of Experts-12/24/04; Discovery ddline-12/31/04; Motions ddline (fully briefed) 1-21-05; Atty Confnc to prepare FPTO- wk of 4/4/05; Submit proposed FPT0, exhibits and trl brfs 4/15/05; Final P retrl Cnfnc-4/27/05 @ 10:00 a.m. Hlna. Bench Trial 5/2/05 @ 9:30 a.m. Hlna. (cc: Tuholske, Joscelyn/Fox, CCL) (BAF) (Entered: 10/20/2004)
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Request |
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| 21 |
Filed: 10/13/2004, Entered: None |
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MINUTES MOTIONS HEARING - Sara MacMillan pr for plf. Tim Fox pr for Dft. Pties agree that dft #3 CR Kendall Mine is a non-entity and they are ordered dismissed. Tim Fox is hrd for defts re motions to dismiss. Ms. McMillan is hrd on motions. Fox rebuts. Crt questions pties. Crt taking under advisement the motion to dismiss for lack of jurisdiction [6-1] taking under advisement the motion to dismiss for lack of jurisdiction [7-1]. Adj before Judge Charles C. Lovell C/R: Carol Hendrickson Wright (BAF) (Entered: 10/18/2004)
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Request |
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| 20 |
Filed: 9/27/2004, Entered: None |
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REPLY by defendant C.R. Kendall to response to motion to dismiss for lack of jurisdiction [6-1] (copy to Law Clerk) (GAR) (Entered: 09/28/2004)
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Request |
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| 19 |
Filed: 9/27/2004, Entered: None |
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REPLY by defendant Canyon Resources to response to motion to dismiss for lack of jurisdiction [7-1] (copy to Law Clerk) (GAR) (Entered: 09/28/2004)
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Request |
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| 18 |
Filed: 9/13/2004, Entered: None |
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RESPONSE by plaintiff to motion to dismiss for lack of jurisdiction [7-1], to motion to dismiss for lack of jurisdiction [6-1] (copy to Law Clerk w/ bound exhibit) (GAR) (Entered: 09/15/2004)
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Request |
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| 17 |
Filed: 8/27/2004, Entered: None |
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ORDER by Judge Charles C. Lovell granting motion to extend time to respond to Dft Motns to Dismiss. [16-1] Pltfs' shall have throught 9/13/04 to file resp brf to Dfts' Motion to Dismiss. cc: Fox/Joscelyn, Tuholske (GAR) (Entered: 08/30/2004)
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Request |
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| 16 |
Filed: 8/23/2004, Entered: None, Terminated: 8/27/2004 |
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MOTION by plaintiff to extend time to respond to Dft Motns to Dismiss. (cpy to LC) (BAF) (Entered: 08/24/2004)
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Request |
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| 15 |
Filed: 8/19/2004, Entered: None |
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ORDER by Judge Charles C. Lovell ; Preliminary Pretrial Conference set for 8/25/04 is vacated ;hearing on motions to dismiss [7-1] and [6-1] are set for 2:00 10/13/04, ; in-court hearing on Motions to Dismiss are set for 2:00 10/13/04 at Helena (cc: CCL, js, baf, USM, Crt Sec, Tuholske-fax & mail, Joscelyn-fax & mail) (GAR) (Entered: 08/20/2004)
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Request |
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| 14 |
Filed: 8/18/2004, Entered: None |
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PRELIMINARY PRETRIAL STATEMENT by defendants C.R. Kendall, and Canyon Resources (copy to Law Clerk) (GAR) Modified on 08/20/2004 (Entered: 08/20/2004)
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Request |
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| 13 |
Filed: 8/18/2004, Entered: None |
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PRELIMINARY PRETRIAL STATEMENT by plaintiffs (copy to Law Clerk) (GAR) (Entered: 08/20/2004)
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Request |
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| 12 |
Filed: 8/6/2004, Entered: None |
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BRIEF by defendant C.R. Kendall in support of motion to dismiss for lack of jurisdiction [6-1] (copy to Law Clerk) (GAR) (Entered: 08/06/2004)
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Request |
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| 11 |
Filed: 8/6/2004, Entered: None |
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BRIEF by defendant Canyon Resources in support of motion to dismiss for lack of jurisdiction [7-1] (copy to Law Clerk) (GAR) (Entered: 08/06/2004)
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Request |
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| 10 |
Filed: 8/2/2004, Entered: None |
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Deft Canyon Resources Corporation's Corporate Disclosure Stmt (cpy to LC) (BAF) (Entered: 08/03/2004)
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Request |
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| 9 |
Filed: 8/2/2004, Entered: None |
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Deft CR Kendall Corp corporate disclosure stmt (cpy to LC) (BAF) (Entered: 08/03/2004)
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Request |
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| 8 |
Filed: 8/2/2004, Entered: None |
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Joint Discovery Plan filed by Defts CR Kendall Corporation and Canyon Resources Corporation (cpy to LC) (BAF) Modified on 08/03/2004 (Entered: 08/03/2004)
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Request |
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| 7 |
Filed: 8/2/2004, Entered: None, Terminated: 10/19/2004 |
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MOTION by Canyon Resources to dismiss for lack of jurisdiction (cpy to LC) (BAF) (Entered: 08/03/2004)
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Request |
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| 6 |
Filed: 8/2/2004, Entered: None |
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MOTION by C.R. Kendall to dismiss for lack of jurisdiction (cpy to LC) (BAF) (Entered: 08/03/2004)
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Request |
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| 5 |
Filed: 6/17/2004, Entered: None |
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AMENDED COMPLAINT [1-1] by plaintiff (BAF) (Entered: 06/18/2004)
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Request |
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| 4 |
Filed: 6/17/2004, Entered: None |
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NOTICE by plaintiff of filing 1st Amended Complaint (BAF) Modified on 06/18/2004 (Entered: 06/18/2004)
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Request |
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| 3 |
Filed: 5/19/2004, Entered: None |
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ORDER by Judge Charles C. Lovell Preliminary Pretrial Conference set for 10:00 8/25/04 . Pltf's cnsl is dir to deliver copy of this order to each orther party w/in 10 days after rec't and recvg ntc or that party's appearance. At least 21 daysbefore PPTC, lead cnsl shall meet and confer to consider matters listed in FCRP 26(f). On or before 8/18/04 parties shall jointly file with Court a written rpt outlining proposed disc plan. On or bef 8/18/04 cnsl shall each file a Prel Pretrial Stmt. cc: CCL, js, baf, USM, Crt Sec, Tuholske (GAR) (Entered: 05/21/2004)
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Request |
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| 2 |
Filed: 4/5/2004, Entered: None |
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ORDER by Judge Donald W. Molloy transferring case to the Helena Division (cc: all counsel) (MCN) (Entered: 04/05/2004)
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Request |
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| 1 |
Filed: 3/26/2004, Entered: None |
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COMPLAINT - Original and copy(s) (MCN) (Entered: 03/29/2004)
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Request |
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