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Date: 04-23-2019

Case Style:

Robert Chales Smith v. Hartman Walsh Painting Company, Basin Electric Power Cooperative and Sargent & Lundy, L.L.C.

Case Number: 1:15-cv-00094-RRE-ARS

Judge: Ralph R. Erickson

Court: United States District Court for the District of North Dakota (Burleigh County)

Plaintiff's Attorney: Scott R. Miller

Defendant's Attorney: Beth C. Boggs, Zachary E. Pelham, Allison E. Lee for Harman

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Robert Chales Smith sued Hartman Walsh Painting Company, Basin Electric Power Cooperative and Sargent & Lundy, L.L.C. on personal injury negligence theories.

Plaintiff sought $999,999 in damages.

Outcome: 03/06/2017 177 CLERK'S JUDGMENT.(js) (Entered: 03/06/2017)
03/10/2017 178 NOTICE by Basin Electric Power Cooperative re 176 Order on Motion to Dismiss/Failure to State a Claim, Order on Motion for Summary Judgment,,,,,,, Order on Report and Recommendations,,,,,,,,,,,,,,,,,,,,, Letter to Judge Erickson (Thompson, Seth) (Entered: 03/10/2017)
03/16/2017 179 ORDER on 178 Letter/Motion to Reconsider filed by Basin Electric Power Cooperative by Judge Ralph R. Erickson. The request to reconsider is denied. (SH) (Entered: 03/16/2017)
03/30/2017 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 03/30/2017)
03/30/2017 181 MEMORANDUM in Support re 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company filed by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 03/30/2017)
04/20/2017 182 RESPONSE to Motion re 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company filed by Hartman Walsh Painting Company. (Attachments: # 1 Exhibit A - Contract (Part 1 of 2), # 2 Exhibit A - Contract (Part 2 of 2), # 3 Exhibit B - Letter to Duromar, Inc from Beth Boggs dated 10/7/2017)(Boggs, Beth) Modified on 5/18/2017 to add descriptions to exhibits. (as) (Entered: 04/20/2017)
04/20/2017 183 RESPONSE to Motion re 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company ( Response to Statement of Uncontroverted Facts) filed by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 04/20/2017)
04/20/2017 184 CERTIFICATE OF SERVICE by Hartman Walsh Painting Company (Boggs, Beth) (Entered: 04/20/2017)
05/04/2017 185 MOTION for Extension of Time to File Response/Reply as to 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company, 181 MEMORANDUM in Support by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 05/04/2017)
05/04/2017 186 ORDER by Magistrate Judge Alice R. Senechal granting 185 Motion for Extension of Time to File Reply re 180 MOTION for Summary Judgment. Reply due by 5/8/2017. (AS) (Entered: 05/04/2017)
05/07/2017 187 NOTICE of Change of Address by Robert Charles Smith. (js) (Entered: 05/08/2017)
05/08/2017 188 REPLY to Response to Motion re 180 MOTION for Summary Judgment on Its Crossclaim Against Hartman Walsh Painting Company filed by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 05/08/2017)
05/15/2017 189 MOTION for Extension of Time to File Appeal by Robert Charles Smith. (Attachments: # 1 Mailing Envelope)(js) (Entered: 05/15/2017)
05/17/2017 190 RESPONSE to Motion re 189 MOTION for Extension of Time to File Appeal filed by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 05/17/2017)
05/19/2017 191 ORDER by Magistrate Judge Alice R. Senechal denying 189 Motion for Extension of Time to File. (AS) (Entered: 05/19/2017)
06/30/2017 192 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re 180 MOTION for Summary Judgment filed by Basin Electric Power Cooperative. (Objections to R&R are due by 7/14/2017). (LS) (Entered: 06/30/2017)
07/11/2017 193 OBJECTION by Hartman Walsh Painting Company to 192 Report and Recommendations on Motion for Summary Judgment. (Boggs, Beth) Modified on 7/12/2017 to link to correct document. (rh) (Entered: 07/11/2017)
07/12/2017 194 CERTIFICATE OF SERVICE by Hartman Walsh Painting Company re 193 Objection to Report and Recommendations (Boggs, Beth) (Entered: 07/12/2017)
07/12/2017 DOCKET CORRECTION re: 193 Objection to Report and Recommendations. Clerk's office linked to correct document. (rh) (Entered: 07/12/2017)
07/18/2017 195 ORDER ADOPTING 192 REPORT AND RECOMMENDATIONS and granting in part and denying in part 180 Motion for Summary Judgment by Judge Ralph R. Erickson.(SH) (Entered: 07/18/2017)
07/19/2017 196 AMENDED CLERK'S JUDGMENT. (cjs) Distributed on 7/19/2017 (cjs). Modified on 11/1/2018 to add 'amended' language to docket text. (js) (Entered: 07/19/2017)
08/14/2017 197 MOTION to Set Aside Judgment Motion for Relief from Judgment Under F.R.Civ.P. 60(b), MOTION to Vacate 176 Order on Motion to Dismiss/Failure to State a Claim,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,, Order on Report and Recommendations,,,,, 177 Clerk's Judgment by Robert Charles Smith. (Attachments: # 1 Exhibit Slip Opinion)(Miller, Scott) (Entered: 08/14/2017)
08/25/2017 198 STIPULATION for Extension of Time to Respond to Plaintiff's Motion for Relief from Judgment Under Rule 60 by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 08/25/2017)
08/28/2017 199 (Text Only) ORDER Adopting Stipulation by Magistrate Judge Alice R. Senechal re 198 Stipulation filed by Basin Electric Power Cooperative. Response to the 197 Motion to Set Aside Judgment is due by 9/11/2017. (LS) (Entered: 08/28/2017)
08/28/2017 Set/Reset Deadlines as to 197 MOTION to Set Aside Judgment. Responses due by 9/11/2017. (js) (Entered: 08/29/2017)
09/11/2017 200 RESPONSE to Motion re 197 MOTION to Set Aside Judgment Motion for Relief from Judgment Under F.R.Civ.P. 60(b)MOTION to Vacate 176 Order on Motion to Dismiss/Failure to State a Claim,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,, Order on Report and Recommendations,,,,, 177 Clerk's Judgment filed by Basin Electric Power Cooperative, Duromar, Inc., Hartman Walsh Painting Company, Sargent & Lundy, LLC. (Thompson, Seth) (Entered: 09/11/2017)
09/11/2017 201 AFFIDAVIT of Seth A. Thompson re 200 Response to Motion, by Basin Electric Power Cooperative, Duromar, Inc., Hartman Walsh Painting Company, Sargent & Lundy, LLC. (Attachments: # 1 Exhibit 1-Email from Plaintiff Robert C Smith dated September 19, 2016)(Thompson, Seth) Modified on 9/12/2017 to add exhibit number (cjs). (Entered: 09/11/2017)
09/15/2017 202 REPLY to Response to Motion re 197 MOTION to Set Aside Judgment Motion for Relief from Judgment Under F.R.Civ.P. 60(b)MOTION to Vacate 176 Order on Motion to Dismiss/Failure to State a Claim,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,, Order on Report and Recommendations,,,,, 177 Clerk's Judgment filed by Robert Charles Smith. (Miller, Scott) (Entered: 09/15/2017)
02/05/2018 203 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re 197 MOTION to Set Aside Judgment Under F.R.Civ.P. 60(b) filed by Robert Charles Smith. (Objections to R&R due by 2/20/2018). (AS) (Entered: 02/05/2018)
02/20/2018 204 OBJECTION by Robert Charles Smith to 203 Report and Recommendations on Motion for Relief from Judgment. (Miller, Scott) (Entered: 02/20/2018)
02/23/2018 205 (Text Only) ORDER by Magistrate Judge Alice R. Senechal. Pursuant to Federal Rule of Civil Procedure 72(b)(2), any responses to plaintiff's 204 Objection to the Report and Recommendations are due within fourteen days after service of the Objection. (AS) (Entered: 02/23/2018)
03/06/2018 206 RESPONSE to Objection to Report & Recommendations by Hartman Walsh Painting Company re 204 Objection to Report and Recommendations. (Boggs, Beth) Modified on 3/7/2018 to remove incorrect filers (cjs). (Entered: 03/06/2018)
03/07/2018 DOCKET CORRECTION re: 206 Response to Objection to Report & Recommendations. Modified entry to remove incorrect filers (Duromar, Inc., Basin Electric Power Cooperative, Sargent & Lundy, LLC). (cjs) (Entered: 03/07/2018)
03/13/2018 207 REPLY to Response to Motion re 203 Report and Recommendations, Set Deadlines Plaintiff's reply brief in support of objections to magistrate report and recommendation filed by Robert Charles Smith. (Attachments: # 1 Exhibit 1 - Unreported case)(Miller, Scott) (Entered: 03/13/2018)
04/25/2018 208 ORDER Directing the Defendants/Third-Party Defendant to respond within 30 days to the merits of the plaintiff's claim regarding the applicability of the circuity of obligation/indemnity provisions by Judge Ralph R. Erickson.(SH) (Entered: 04/25/2018)
05/21/2018 209 BRIEF re 208 Order (Defendant's and Third-Party Defendant's Joint Response to Court Order Directing Response Addressing the Merits of the Plaintiff's Claims) by Hartman Walsh Painting Company (Boggs, Beth) Modified on 5/22/2018 to remove incorrect filers (cjs). (Entered: 05/21/2018)
05/22/2018 DOCKET CORRECTION re: 209 Brief. Clerk's office removed incorrect filers (Basin Electric Power Cooperative, Duromar, Inc., Sargent & Lundy, LLC). (cjs) (Entered: 05/22/2018)
05/22/2018 210 BRIEF re 209 Brief, 208 Order Plaintiff's Brief in Response to Defendants'/Third Party Defendant's Joint Response Addressing the Merits of Plaintiff's Claims by Robert Charles Smith. (Miller, Scott) (Entered: 05/22/2018)
06/05/2018 211 MOTION for Leave to File a Surrebuttal Brief by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 06/05/2018)
06/06/2018 212 ORDER by Magistrate Judge Alice R. Senechal granting 211 Motion for Leave to File. (MB) (Entered: 06/06/2018)
06/20/2018 213 BRIEF re 210 Brief (Defendants' and Third-Party Defendant's Joint Surrebuttal Brief to Plaintiff's Brief in Response to Defendants' and Third-Party Defendant's Joint Response Addressing the Merits of Plaintiff's Claims) by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 06/20/2018)
08/03/2018 214 *VACATED* ORDER ADOPTING, IN PART, AND REVERSING, IN PART, 203 REPORT AND RECOMMENDATION; granting 197 Motion to Set Aside Judgment under Rule 60(b)(6); granting 197 Motion to Vacate under Rule 60(b)(6) by Judge Ralph R. Erickson. The parties are directed to brief the issue identified by the court within 21 days.(SH) Modified on 11/1/2018 to note Order was vacated pursuant to the Order filed at docket entry 221 . (js) (Entered: 08/03/2018)
08/24/2018 215 BRIEF re 214 Order Adopting Report and Recommendations,, Order on Motion to Set Aside Judgment,, Order on Motion to Vacate,, Order on Report and Recommendations, RESPONSE TO ORDER REGARDING PLAINTIFF'S MOTION FOR RELIEF UNDER RULE 60(b) by Duromar, Inc.. (Attachments: # 1 Exhibit Ex A - Vendor Agreement, # 2 Exhibit Ex B - Manka Letter, # 3 Exhibit Ex C - Discovery Request, # 4 Exhibit Ex D - Bissonette Letter, # 5 Exhibit Ex E- Release, # 6 Exhibit Ex F - Stipulation)(Clark, Kevin) (Entered: 08/24/2018)
08/24/2018 216 BRIEF re 214 Order Adopting Report and Recommendations,, Order on Motion to Set Aside Judgment,, Order on Motion to Vacate,, Order on Report and Recommendations, Defendants Basin Electric and Sargent & Lundy, LLC;s Memorandum Purusant to August 3, 2018 Court Order by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 08/24/2018)
08/24/2018 217 BRIEF re 176 Order on Motion to Dismiss/Failure to State a Claim, Order on Motion for Summary Judgment,Order on Report and Recommendations, Basin Electric and Sargent & Lundy Memorandum in Support of Motion for Ruling on Magistrate Judge's Recommendation by Basin Electric Power Cooperative and Sargent & Lundy, LLC. (Thompson, Seth) Modified on 8/31/2018 to add filer Sargent & Lundy, LLC. (as) (Entered: 08/24/2018)
08/24/2018 218 BRIEF re 214 Order Adopting Report and Recommendations,, Order on Motion to Set Aside Judgment,, Order on Motion to Vacate,, Order on Report and Recommendations, (Defendant Hartman Walsh Industrial Services' Brief Pursuant to the August 3, 2018, Court Order) by Hartman Walsh Painting Company. (Attachments: # 1 Exhibit 1 - Release, # 2 Exhibit 2 - Stipulation for Settlement, # 3 Exhibit 3 - Deposition Excerpt, # 4 Exhibit 4 - Vendor Agreement)(Boggs, Beth) Modified on 8/31/2018 to add descriptions to exhibits. (as) (Entered: 08/24/2018)
08/24/2018 219 BRIEF re 214 Order Adopting Report and Recommendations,, Order on Motion to Set Aside Judgment,, Order on Motion to Vacate,, Order on Report and Recommendations, by Robert Charles Smith. (Miller, Scott) (Entered: 08/24/2018)
08/31/2018 DOCKET CORRECTION re: 217 BRIEF. Clerk's office added filer Sargent & Lundy, LLC. DOCKET CORRECTION re: 218 BRIEF. Clerk's office added descriptions to exhibits. In addition, partial deposition transcript filed at Exhibit 3. Per Local Rul 7.1(D)(1), filer should refile a complete transcript using the SUPPLEMENT event and link it to document 218 . (as) (Entered: 08/31/2018)
09/05/2018 220 SUPPLEMENT (Exhibit 3 - Deposition of Robert Charles Smith) to document: 218 Brief,, by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 09/05/2018)
11/01/2018 221 ORDER VACATING PREVIOUS ORDER GRANTING RELIEF UNDER RULE 60(b) re 214 Order Adopting Report and Recommendations, Order on Motion to Set Aside Judgment, Order on Motion to Vacate, Order on Report and Recommendations by Judge Ralph R. Erickson.(js) (Entered: 11/01/2018)
11/01/2018 222 SECOND AMENDED CLERK'S JUDGMENT.(js) (Entered: 11/01/2018)
11/15/2018 223 MOTION for Bill of Costs by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 11/15/2018)
11/15/2018 224 AFFIDAVIT Statement of Costs re 223 MOTION for Bill of Costs by Basin Electric Power Cooperative. (Thompson, Seth) (Entered: 11/15/2018)
11/29/2018 225 MOTION to Vacate 222 Clerk's Judgment, 221 Order Motion for Relief from Judgment Under F.R.Civ.P. 60(b) by Robert Charles Smith. (Miller, Scott) (Entered: 11/29/2018)
11/29/2018 226 MEMORANDUM in Support re 225 MOTION to Vacate 222 Clerk's Judgment, 221 Order Motion for Relief from Judgment Under F.R.Civ.P. 60(b) filed by Robert Charles Smith. See document 225 . (am) (Entered: 12/04/2018)
12/11/2018 227 ORDER by Magistrate Judge Alice R. Senechal granting 223 Motion for Bill of Costs. (CS) (Entered: 12/11/2018)
12/11/2018 228 THIRD AMENDED CLERK'S JUDGMENT.(as) (Entered: 12/11/2018)
01/03/2019 229 ORDER TO SHOW CAUSE by Magistrate Judge Alice R. Senechal. Show Cause Responses due by 1/14/2019. (AS) (Entered: 01/03/2019)
01/03/2019 230 MOTION for Leave to File Response to Plaintiff's Motion for Relief From Judgment (Doc. #225) Out of Time by Hartman Walsh Painting Company. (Attachments: # 1 Exhibit A - Proposed Response to Plaintiff's Motion for Relief From Judgment)(Boggs, Beth) Modified on 1/4/2019 to add description to exhibit. (rh) (Entered: 01/03/2019)
01/04/2019 DOCKET CORRECTION re: 230 Motion for Leave to File Document. Clerk's office added description to exhibit. (rh) (Entered: 01/04/2019)
01/04/2019 231 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 230 Motion for Leave to File Response. (AS) (Entered: 01/04/2019)
01/04/2019 232 RESPONSE to Motion re 230 MOTION for Leave to File Response to Plaintiff's Motion for Relief From Judgment (Doc. #225) Out of Time Plaintiff's Brief in Opposition to Motion filed by Robert Charles Smith. (Miller, Scott) (Entered: 01/04/2019)
01/04/2019 233 RESPONSE to Motion re 225 MOTION to Vacate 222 Clerk's Judgment, 221 Order Motion for Relief from Judgment Under F.R.Civ.P. 60(b) filed by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 01/04/2019)
01/08/2019 234 RESPONSE TO ORDER TO SHOW CAUSE by Hartman Walsh Painting Company. (Boggs, Beth) (Entered: 01/08/2019)
01/10/2019 235 MOTION for Leave to File Reply Brief to Defendants' responses to Court's Show Cause Order, and for Extension of Time to File Reply Brief In Response to Hartman Walsh Brief in Opposition to Motion for Relief From Judgment by Robert Charles Smith. (Miller, Scott) (Entered: 01/10/2019)
01/11/2019 236 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting in part plaintiff's 235 Motion for Leave to File. Plaintiff shall have until January 24, 2019, to file a reply brief to any responses to the court's order to show cause. Plaintiff shall have until January 24, 2019, to file a reply brief in support of his motion for relief from judgment. If any defendants are permitted to file a response to the court's order to show cause after the January 14, 2019 deadline, or if the court permits any defendant to respond to plaintiff's motion for relief from judgment later than January 14, 2019, the court will reset the deadline for plaintiff to file a reply to responses to the court's order to show cause or to file a reply in support of his motion for relief from judgment, whichever is applicable. (AS) (Entered: 01/11/2019)
01/14/2019 237 RESPONSE TO ORDER TO SHOW CAUSE by Basin Electric Power Cooperative, Duromar, Inc., Sargent & Lundy, LLC. (Thompson, Seth) (Additional attachment(s) added on 1/14/2019: # 1 Signed Pleading) (cjs). Regenerated on 1/14/2019 (cjs). (Entered: 01/14/2019)
01/24/2019 238 MOTION to Vacate 231 Order on Motion for Leave to File Response Plaintiffs Motion to Vacate Order Granting Hartman Walsh Motion to File Response Brief to Plaintiff's Motion for Relief from Judgment Out of Time by Robert Charles Smith. (Miller, Scott) Modified on 1/25/2019 to remove links (am). (Entered: 01/24/2019)
01/24/2019 239 MOTION for Extension of Time to File Response/Reply as to 225 MOTION to Vacate 222 Clerk's Judgment, 221 Order Motion for Relief from Judgment Under F.R.Civ.P. 60(b), Plaintiff's Motion for Extension of Time to file Reply to Brief(s) in Opposition to Motion for Relief From Judgment by Robert Charles Smith. (Miller, Scott) Modified on 1/25/2019 to remove links and remove excess docket text (am). (Entered: 01/24/2019)
01/24/2019 240 BRIEF re 229 Order to Show Cause Plaintiffs Reply Brief to Defendants Responses to the Courts Show Cause Order by Robert Charles Smith. (Miller, Scott) Modified on 1/25/2019 to remove and add links (am). (Entered: 01/24/2019)
01/24/2019 241 *RESTRICTED-DUPLICATE PLEADING FILED, SEE DOCUMENT 240 * BRIEF re 237 Response to Order to Show Cause, 234 Response to Order to Show Cause, 229 Order to Show Cause Plaintiffs Reply Brief to Defendants Responses to the Courts Show Cause Order [CORRECTED DOCUMENT REFERENCES] by Robert Charles Smith. (Miller, Scott) Modified on 1/25/2019 to restrict access (am). (Entered: 01/24/2019)
01/24/2019 242 REPLY to Response to Motion re 225 MOTION to Vacate 222 Clerk's Judgment, 221 Order Motion for Relief from Judgment Under F.R.Civ.P. 60(b) Plaintiffs Reply Brief in Support of Motion for Relief from Judgment filed by Robert Charles Smith. (Miller, Scott) (Entered: 01/24/2019)
01/25/2019 DOCKET CORRECTION re: 238 Motion to Vacate; 239 Motion for Extension of Time to File Response/Reply. Clerk's office removed links. Re: 240 Brief. Clerk's office linked to correct document and removed links. Re: 241 Brief. Duplicate pleading, see 240 . Clerk's office restricted access to document. (am) (Entered: 01/25/2019)
01/25/2019 243 ORDER by Magistrate Judge Alice R. Senechal denying 238 Motion to Vacate; granting 239 Motion for Extension of Time to File Reply. (AS) (Entered: 01/25/2019)
04/17/2019 244 ORDER by Magistrate Judge Alice R. Senechal. (AS) (Entered: 04/17/2019)
04/23/2019 245 BRIEF re 244 Order Plaintiff's Brief Filed Per Court Order of April 17, 2019 by Robert Charles Smith. (Miller, Scott) (Entered: 04/23/2019)

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