CLERK'S JUDGMENT in favor of Dakota Central Social Services, Family Safety Center, Legal Services of North Dakota, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, State of North Dakota, Alana Semchenko, Allison Mahoney, Barb Oliger, Ben C. Pulkrabek, Carol Ronning-Kapsner, Dale Sandstrom, Daniel Crothers, David E. Reich, Diane Zainhofsky, Donna Wonderlich, Estate of Judge Donald Jorgensen, Gail Hagerty, Gerald VandeWalle, Jamie., John/Jane Does of Dakota Central SS, Lisa Fair-McEvers, Michelle E., Richard Geiger, Rodney I. Pagel, Sally Holewa, Sarah Fricke, Steve Reiser, Wayne Stenhejem against FB1595A, 9E6186D. The case is dismissed with prejudice. Distributed on 01/29/2019.(am)
ORDER by Chief Judge Daniel L. Hovland adopting 51 Report and Recommendations; granting 28 Motion to Dismiss for Failure to State a Claim; granting 28 Motion to Dismiss for Lack of Jurisdiction; denying 31 Motion for Entry of Default; denying 32 Motion for Default Judgment; granting 33 Motion to Dismiss; and granting 36 Motion to Dismiss. The case is dismissed in its entirety with prejudice. (kmk) Distributed on 1/29/2019 (am).
OBJECTION by Estate of Judge Donald Jorgensen, Donna Wonderlich, Sally Holewa, Daniel Crothers, Gerald VandeWalle, North Dakota Department of Health and Human Services, Dale Sandstrom, Lisa Fair-McEvers, Wayne Stenhejem, State of North Dakota, Gail Hagerty, Carol Ronning-Kapsner, Richard Geiger, David E. Reich, North Dakota State Office of Court Administration, North Dakota County Court Administrator to 51 Report and Recommendations State Defendants' Joinder in Defendant Pagel's Objection to Report and Recommendation Re Pending Motions and Order to Show Cause Dated January 4, 2019 with attached Certificate of Service. (Anderson, Douglas)
REPORT AND RECOMMENDATIONS re 32 MOTION for Default Judgment, 31 MOTION for Entry of Default, 28 MOTION to Dismiss for Failure to State a Claim, 33 MOTION to Dismiss, and 36 MOTION to Dismiss and ORDER TO SHOW CAUSE. By Magistrate Judge Charles S. Miller, Jr.(BG) Distributed on 1/4/2019 (cjs).
Corporate Disclosure Statement by Legal Services of North Dakota identifying no Corporate Parent for Legal Services of North Dakota. (Page, Adele) Modified on 3/29/2018 to remove incorrect corporate parent information. Regenerated NEF. (rh)
RESPONSE to Motion re 31 MOTION for Entry of Default Defendant Alana Semchenko's Memorandum of Law in Opposition to Plaintiffs' Motion for Default Judgment filed by Alana Semchenko. (Harrie, William)
RESPONSE to Motion re 32 MOTION for Default Judgment, 31 MOTION for Entry of Default State Defendants' Brief in Opposition to Plaintiff's Request for Clerk's Entry of Default Judgment and Plaintiff's Motion for Default Judgment filed by Daniel Crothers, Lisa Fair-McEvers, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, David E. Reich, Carol Ronning-Kapsner, Dale Sandstrom, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich. (Anderson, Douglas)
DOCKET CORRECTION re: 39 - 1. Exhibit attached to the Certificate of Service should have been attached to the Affidavit at 38 . Clerk's office restricted access to document and attached to the affidavit. NOTE: The certificate of service indicates a Motion for Attorney fees and Costs and Affidavit of Adele Page was served on the plaintiff. These documents have not been filed in CM/ECF. (as)
CERTIFICATE OF SERVICE by Legal Services of North Dakota re 37 MEMORANDUM in Support, 38 Affidavit, 36 MOTION to Dismiss Pursuant to F.R.Civ.P 4(m) (Attachments: # 1 *RESTRICTED* Exhibit)(Page, Adele) Modified on 2/26/2018 to restrict exhibit. Should have been attached to 38 . (as)
AFFIDAVIT of Jamie Orstad re 36 MOTION to Dismiss Pursuant to F.R.Civ.P 4(m) by Legal Services of North Dakota. (Page, Adele) (Additional attachment(s) added on 2/26/2018: # 1 Exhibit 1 - Complaint) (as).
MOTION for Default Judgment by 9E6186D. (Attachments: # 1 Notice of Default Judgment, # 2 Affidavit of Truth in Support of Motion for Default Judgment, # 3 Proposed Default Judgment, # 4 Certificate of Service, # 5 Mailing Envelope)(rh)
MEMORANDUM in Support re 28 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction State Defendants' Motion to Dismiss Plaintiff's Complaint with attached Certificate of Service Memorandum in Support of State Defendants' Motion to Dismiss Plaintiff's Complaint with attached Exhibit 1 and Certificate of Service filed by Daniel Crothers, Lisa Fair-McEvers, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, David E. Reich, Carol Ronning-Kapsner, Dale Sandstrom, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich. (Attachments: # 1 Exhibit 1 - Register of Actions; Civil No. 42-2011-DM-00021)(Anderson, Douglas)
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction State Defendants' Motion to Dismiss Plaintiff's Complaint with attached Certificate of Service by Daniel Crothers, Lisa Fair-McEvers, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, David E. Reich, Carol Ronning-Kapsner, Dale Sandstrom, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich. (Anderson, Douglas)
ANSWER to 4 Complaint,,, with Jury Demand Defendant Rodney E. Pagel's Answer and Jury Demand by Rodney I. Pagel. (Attachments: # 1 Certificate of Service)(Thiem, Rebecca)
DECLARATION OF COMPLETED SERVICE OF SUMMONS AND CLAIM re 21 Summons Returned Executed, 22 Summons Returned Executed, 20 Summons Returned Executed, 23 Summons Returned Executed. (Attachments: # 1 Mailing Envelope)(rh)
SUMMONS Returned Executed by 9E6186D. Jamie. served on 11/17/2017; Daniel Crothers served on 11/17/2017; Dakota Central Social Services served on 11/17/2017; Michelle E. served on 11/17/2017; Lisa Fair-McEvers served on 11/17/2017; Sarah Fricke served on 11/17/2017; Gail Hagerty served on 11/17/2017; Sally Holewa served on 11/17/2017; North Dakota County Court Administrator served on 11/17/2017; North Dakota Department of Health and Human Services served on 11/17/2017; North Dakota State Office of Court Administration served on 11/17/2017; Ben C. Pulkrabek served on 11/17/2017; David E. Reich served on 11/17/2017; Steve Reiser served on 11/17/2017; Dale Sandstrom served on 11/17/2017; State of North Dakota served on 11/17/2017; Wayne Stenhejem served on 11/17/2017; Donna Wonderlich served on 11/17/2017 (rh)
ORDER Suspending Deadlines to Answer or Otherwise Respond by Magistrate Judge Charles S. Miller, Jr; finding as moot 12 Motion for Extension of Time to Answer; finding as moot 15 Motion for Extension of Time to Answer (ZE) Distributed on 12/4/2017. (rh)
MEMORANDUM in Support re 15 MOTION for Extension of Time to File Answer re 4 Complaint,,, 12 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint, 13 MEMORANDUM in Support State Defendants' Joinder in Defendant Memorandum in Support of State Defendants' Joinder in Defendant Pagel's Motion for Extension of Time to File Answer/Motion or Otherwise Respond to Plaintiffs' Complaint with Certificate of Service filed by Daniel Crothers, Lisa Fair-McEvers, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, David E. Reich, Carol Ronning-Kapsner, Dale Sandstrom, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich. (Anderson, Douglas)
MOTION for Extension of Time to File Answer re 4 Complaint,,, 12 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint, 13 MEMORANDUM in Support State Defendants' Joinder in Defendant Pagel's Motion for Extension of Tme to File Answer/Motion or Otherwise Respond to Plaintiffs' Complaint with Certificate of Service by Daniel Crothers, Lisa Fair-McEvers, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, David E. Reich, Carol Ronning-Kapsner, Dale Sandstrom, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich. (Anderson, Douglas)
MEMORANDUM in Support re 12 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Rodney I. Pagel. (Thiem, Rebecca)
(Text Only) ORDER REASSIGNING CASE to Chief Judge Daniel L. Hovland, as presiding judge, and Magistrate Charles S. Miller, Jr., as referral judge, for all further proceedings by Chief Judge Daniel L. Hovland. Magistrate Judge Charles S. Miller, Jr., no longer assigned as presiding judge.(cd) Distributed on 11/17/2017. (cd)
Summons Issued as to Jamie., Daniel Crothers, Dakota Central Social Services, John/Jane Does of Dakota Central SS, Michelle E., Lisa Fair-McEvers, Family Safety Center, Sarah Fricke, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, Legal Services of North Dakota, Allison Mahoney, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, Barb Oliger, Rodney I. Pagel, Ben C. Pulkrabek, David E. Reich, Steve Reiser, Carol Ronning-Kapsner, Dale Sandstrom, Alana Semchenko, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich, Diane Zainhofsky. (cd)
COMPLAINT against Jamie., Daniel Crothers, Dakota Central Social Services, John/Jane Does of Dakota Central SS, Michelle E., Lisa Fair-McEvers, Family Safety Center, Sarah Fricke, Richard Geiger, Gail Hagerty, Sally Holewa, Estate of Judge Donald Jorgensen, Legal Services of North Dakota, Allison Mahoney, North Dakota County Court Administrator, North Dakota Department of Health and Human Services, North Dakota State Office of Court Administration, Barb Oliger, Rodney I. Pagel, Ben C. Pulkrabek, David E. Reich, Steve Reiser, Carol Ronning-Kapsner, Dale Sandstrom, Alana Semchenko, State of North Dakota, Wayne Stenhejem, Gerald VandeWalle, Donna Wonderlich, Diane Zainhofsky (Filing fee $400, receipt number 118000213) filed by FB1595A, 9E6186D. (Attachments: # 1 Civil Cover Sheet)(cd)
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