Plaintiff State of Minnesota alleged that Defendant CMI of Kentucky, Inc. breached its contract for the sale and maintenance of a fleet of evidentiary breath test instruments by failing to provide the State with the computer source code used to program the computer-operated functions of the breath testing instrument. Plaintiff also stated that Defendant agreed to release information pertaining to the instrument when ordered to do so by courts handling cases in which an evidentiary breath test is part of the evidence and that any documentation and copyrighted material conceived or originated and arising out of the contract would become the sole property of the State.
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| Date Filed | # | Document Text |
|---|
| March 3, 2008 | 1 | COMPLAINT against all defendants ( Filing fee $ 350 receipt number 3941.) assigned to Judge Donovan W. Frank per Master List referred to Magistrate Judge Arthur J. Boylan, filed by Minnesota, State of. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (dch) |
| March 7, 2008 | 2 | RETURN OF SERVICE EXECUTED re Summons and Complaint. CMI of Kentucky, Inc. served on 3/5/2008, answer due 3/25/2008. (Carlson, Martin) Modified on 3/10/2008 (kt). Modified text on 3/13/2008 (kt). |
| April 9, 2008 | 3 | ANSWER to Complaint, COUNTERCLAIM FOR DECLARATORY JUDGMENT against Minnesota, State of by CMI of Kentucky, Inc.. (McNab, William) |
| April 9, 2008 | 4 | RULE 7.1 DISCLOSURE STATEMENT by CMI of Kentucky, Inc. of MPD, INC. as corporate parent and/or publicly held company. (Attachments: # 1 Certificate of Service)(McNab, William) |
| April 10, 2008 | 5 |  ORDER/NOTICE of Pretrial Conference: Rule 26 Meeting Report due by 5/13/2008, Pretrial Conference set for 5/20/2008 10:30 AM in St Paul - Suite 720 before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 4/10/08. (Attachments: # 1 Consent Form)(kt) |
| April 11, 2008 | 6 | NOTICE of Appearance by David M Aafedt on behalf of CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service)(Aafedt, David) |
| April 29, 2008 | 7 | REPLY to Counterclaim by Minnesota, State of. (Carlson, Martin) |
| May 13, 2008 | 8 | REPORT Joint Rule 26(f) Report by both parties. (Carlson, Martin) Modified text on 5/14/2008 (kt). |
| May 15, 2008 | 9 | CERTIFICATE OF SERVICE by Minnesota, State of re 7 Reply to Counterclaim (Carlson, Martin) |
| May 20, 2008 | 10 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Pretrial Conference held on 5/20/2008. Scheduling order to be issued. (kt) |
| May 20, 2008 | 11 | ORDER/NOTICE of Settlement Conference set for 6/27/2008 09:00 AM in St Paul - Suite 720 before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 5/20/08. (kt) |
| May 20, 2008 | 12 | PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/1/2008, Discovery due by 10/31/2008, Motions (non-disp) due 1/2/2009, Motions (disp) due by 3/1/2009, Ready for trial due by 5/1/2009. Signed by Magistrate Judge Arthur J. Boylan on 5/20/08. (kt) |
| June 6, 2008 | 13 | First MOTION to Intervene as Plaintiffs-Intervenors by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Intervenors' Complaint)(Ramsay, Charles) |
| June 6, 2008 | 14 | NOTICE OF HEARING ON MOTION: date and time to be determined. (Ramsay, Charles) Modified text on 6/9/2008 (kt). |
| June 6, 2008 | 15 | MEMORANDUM in Support re 13 First MOTION to Intervene as Plaintiffs-Intervenors filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| June 6, 2008 | 16 | First Declaration of Charles A. Ramsay in Support of 13 First MOTION to Intervene as Plaintiffs-Intervenors, 15 Memorandum in Support of Motion filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Exhibit A- State of Minnesota RFP, # 2 Exhibit B- CMI Response to RFP, # 3 Exhibit C- Fee Schedule, # 4 Exhibit D- Bergstrom Order, # 5 Exhibit E- Zenobian Order, # 6 Exhibit F- Steffensen Order, # 7 Exhibit G- Jacobsen Order, # 8 Exhibit H- Attorney General's Brief dated November 27, 2007, # 9 Exhibit I- Attorney General's Brief dated April 9, 2008, # 10 Exhibit J- E-mail between MN BCA and CMI)(Ramsay, Charles) |
| June 6, 2008 | 17 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 15 Memorandum in Support of Motion filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| June 6, 2008 | 18 | NOTICE of Appearance by Charles A Ramsay on behalf of Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen (Ramsay, Charles) |
| June 6, 2008 | 19 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 18 Notice of Appearance, 13 First MOTION to Intervene as Plaintiffs-Intervenors, 15 Memorandum in Support of Motion, 17 LR7.1 Word Count Compliance Certificate, 14 Notice of Hearing on Motion, 16 Declaration in Support,, (Ramsay, Charles) |
| June 9, 2008 | 20 | AMENDED NOTICE of Hearing on Motion 13 First MOTION to Intervene as Plaintiffs-Intervenors : Motion Hearing set for 7/16/2008 03:30 PM in St Paul - Courtroom 5 before Magistrate Judge Arthur J. Boylan. (Ramsay, Charles) |
| June 9, 2008 | 21 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 20 Amended Notice of Hearing on Motion (Ramsay, Charles) |
| June 27, 2008 | 22 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Settlement Conference held on 6/27/2008. Parties are to initiate a telephonic conference call with the Court on Wednesday, July 2, 2008, at 8:30 a.m. Mr. McNab to initiate the call. (jam) |
| July 2, 2008 | 23 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference regarding settlement discussions held on 7/2/2008. (kt) |
| July 9, 2008 | 24 | RESPONSE in Opposition re 13 First MOTION to Intervene as Plaintiffs-Intervenors filed by Minnesota, State of. (Carlson, Martin) |
| July 9, 2008 | 25 | AFFIDAVIT of Emerald A. Gratz in OPPOSITION TO 13 First MOTION to Intervene as Plaintiffs-Intervenors with Exhibits filed by Minnesota, State of. (Carlson, Martin) |
| July 9, 2008 | 26 | CERTIFICATE OF SERVICE by Minnesota, State of re 25 Affidavit in Opposition to Motion, 24 Response in Opposition to Motion (Carlson, Martin) |
| July 9, 2008 | 27 | MEMORANDUM in Opposition re 13 First MOTION to Intervene as Plaintiffs-Intervenors filed by CMI of Kentucky, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(McNab, William) |
| July 9, 2008 | 28 | AFFIDAVIT of WILLIAM A. MCNAB in OPPOSITION TO 13 First MOTION to Intervene as Plaintiffs-Intervenors filed by CMI of Kentucky, Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2a, # 3 Exhibit(s) 2b, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4-10, # 6 Certificate of Service)(McNab, William) |
| July 16, 2008 | 29 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: taking under advisement 13 Motion to Intervene; Motion Hearing held on 7/16/2008. Order to be issued. (Tape #79-80(Ctrm. 4)(STP)) (jam) |
| July 23, 2008 | 30 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 7/23/2008. (jam) |
| July 30, 2008 | 31 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 7/30/2008. A settlement conference has been tentatively scheduled with the Court for August 18, 2008, at 1:30 p.m. in St. Paul. (jam) |
| August 18, 2008 | 32 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 8/18/2008. (jam) |
| August 22, 2008 | 33 | NOTICE of Withdrawal as Attorney - Martin A. Carlson (Attachments: # 1 Affidavit of Service)(Gratz, Emerald) |
| September 12, 2008 | 34 | Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION by Minnesota, State of, CMI of Kentucky, Inc.. (Attachments: # 1 Exhibit(s) A)(McNab, William) |
| September 12, 2008 | 35 | EXHIBIT re 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION EXHIBIT B by Minnesota, State of, CMI of Kentucky, Inc. filed by Minnesota, State of, CMI of Kentucky, Inc.. (Attachments: # 1 Exhibit(s) 1 part 1, # 2 Exhibit(s) 1 part 2A, # 3 Exhibit(s) 1 part 2B, # 4 Exhibit(s) 1 part 3, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(McNab, William) |
| September 12, 2008 | 36 | NOTICE OF HEARING ON MOTION 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION : Motion Hearing set for 12/12/2008 09:00 AM in St. Paul - Courtroom 7C before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(McNab, William) |
| September 16, 2008 | 37 | REVERSED PER 58 ORDER. ORDER denying 13 Motion to Intervene. Signed by Magistrate Judge Arthur J. Boylan on 9/16/08. (jam) Modified text on 11/6/2008 (kt). |
| September 30, 2008 | 38 | APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene (Ramsay, Charles) |
| September 30, 2008 | 39 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| October 1, 2008 | 40 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 39 LR7.1 Word Count Compliance Certificate, 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene (Ramsay, Charles) |
| October 1, 2008 | 41 | AMENDED LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified on 10/2/2008 (kt). |
| October 1, 2008 | 42 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 41 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles) |
| October 14, 2008 | 43 | RESPONSE re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(McNab, William) |
| October 28, 2008 | 44 | MEMORANDUM by Minnesota, State of re 36 Notice of Hearing on Motion, in Support of Entry of Consent Judgment and Permanent Injunction filed by Minnesota, State of. (Gratz, Emerald) |
| October 28, 2008 | 45 | AFFIDAVIT in Support re 44 Memorandum for Entry of Consent Judgment and Permanent Injunction. (Gratz, Emerald) |
| October 28, 2008 | 46 | CERTIFICATE OF SERVICE by Minnesota, State of re 44 Memorandum, 45 Affidavit in Support of Entry of Consent Judgment and Permanent Injunction (Gratz, Emerald) |
| October 28, 2008 | 47 | MEMORANDUM in Support re 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by all defendants. (McNab, William) |
| October 28, 2008 | 48 | AFFIDAVIT of William A. McNab in SUPPORT OF 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by all defendants. (Attachments: # 1 Exhibit(s) A-C, # 2 Exhibit(s) D, # 3 Exhibit(s) E, # 4 Exhibit(s) F, # 5 Exhibit(s) G-I)(McNab, William) |
| October 28, 2008 | 49 | AFFIDAVIT of Toby Hall in SUPPORT OF 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by all defendants. (McNab, William) |
| October 28, 2008 | 50 | AFFIDAVIT of Mario D. Santana in SUPPORT OF 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by all defendants. (McNab, William) |
| October 28, 2008 | 51 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by CMI of Kentucky, Inc. re 47 Memorandum in Support of Motion. (Attachments: # 1 Certificate of Service)(McNab, William) |
| October 31, 2008 | 52 | First MOTION for Hearing re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| October 31, 2008 | 53 | MEMORANDUM in Support re 52 First MOTION for Hearing re APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 11/3/2008 (kt). |
| October 31, 2008 | 54 | Declaration of Charles A. Ramsay in Support of 52 MOTION for Hearing re APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2A, # 3 Exhibit(s) 2B, # 4 Exhibit(s) 2C, # 5 Exhibit(s) 2D, # 6 Exhibit(s) 3AZ, # 7 Exhibit(s) 3BZ)(Ramsay, Charles) Modified text on 11/3/2008 (kt). |
| October 31, 2008 | 55 | Declaration of Thomas E. Workman, Jr. in Support of 52 First MOTION for Hearing re APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Appendix, Part 1 # 2 Appendix, Part 2)(Ramsay, Charles) Modified text on 11/3/2008 (kt). |
| October 31, 2008 | 56 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 53 Memorandum in Support of Motion, filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 11/3/2008 (kt). |
| October 31, 2008 | 57 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 54 Declaration in Support,, 53 Memorandum in Support of Motion, 55 Declaration in Support, 56 LR7.1 Word Count Compliance Certificate, 52 First MOTION for Hearing re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene (Ramsay, Charles) |
| November 6, 2008 | 58 | ORDER Magistrate Judge Arthur J. Boylans order of September 16, 2008(Doc. No. 37 ) is respectfully REVERSED. The Applicants First Motion to Intervene as Plaintiffs-Intervenors (Doc. No. 13 ) is GRANTED. Signed by Judge Donovan W. Frank on 11/6/08. (GMO) |
| November 20, 2008 | 59 | NOTICE of Appearance by Jeffrey F Lebowski on behalf of Minnesota, State of (Lebowski, Jeffrey) |
| November 20, 2008 | 60 | CERTIFICATE OF SERVICE by Minnesota, State of re 59 Notice of Appearance (Lebowski, Jeffrey) |
| November 26, 2008 | 61 | Defendant's ANSWER to Complaint in Intervention by CMI of Kentucky, Inc.. (McNab, William) |
| November 26, 2008 | 62 | MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen by CMI of Kentucky, Inc.. (McNab, William) |
| November 26, 2008 | 63 | NOTICE OF HEARING ON MOTION: date and time to be determined. (McNab, William) Modified text on 12/1/2008 (kt). |
| November 26, 2008 | 64 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 63 Notice of Hearing on Motion, 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen, 61 Answer to Complaint in Intervention (McNab, William) |
| November 26, 2008 | 65 | ORDER. Hearing set for 12/12/08 is rescheduled to 1/14/09 at 1:30 p.m. Order also addresses amicus and briefing issues. Signed by Judge Donovan W. Frank on 11/26/2008. (rlb) |
| November 25, 2008 | 66 | Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 11/25/2008. (Court Reporter Jeanne Anderson) (GMO) |
| December 2, 2008 | 67 | AMENDED NOTICE of Hearing on Motion 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen : Motion Hearing set for 2/20/2009 09:00 AM in St. Paul - Courtroom 7C before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(McNab, William) |
| December 19, 2008 | 68 | NOTICE of Withdrawal as Attorney - Peter D. Magnuson (Gratz, Emerald) |
| December 19, 2008 | 69 | CERTIFICATE OF SERVICE by Minnesota, State of re 68 Notice of Withdrawal as Attorney - Peter D. Magnuson (Gratz, Emerald) |
| December 31, 2008 | 70 | BRIEF of Amicus Curiae Minnesota Society for Criminal Justice. (Attachments: # 1 Exhibit(s) A-F)(Halberg, Marsh) Modified text on 1/5/2009 (akl). |
| December 31, 2008 | 71 | CERTIFICATE OF SERVICE by Minnesota Society for Criminal Justice re 70 Brief (Halberg, Marsh) |
| December 31, 2008 | 72 | BRIEF Amicus Curiae filed by Minnesota DWI Taskforce. (Attachments: # 1 Certificate of Service)(Graham, Joshua) |
| December 31, 2008 | 73 | BRIEF Amicus Curiae filed by Minnesota County Attorneys Association. (Lemons, William) |
| January 6, 2009 | 74 | MEMORANDUM in Support re 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11)(McNab, William) |
| January 6, 2009 | 75 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by CMI of Kentucky, Inc. re 74 Memorandum in Support of Motion, filed by CMI of Kentucky, Inc. (McNab, William) |
| January 6, 2009 | 76 | AFFIDAVIT of William A. McNab in SUPPORT OF 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by CMI of Kentucky, Inc. (McNab, William) |
| January 6, 2009 | 77 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 74 Memorandum in Support of Motion, 75 LR7.1 Word Count Compliance Certificate, 76 Affidavit in Support of Motion to Dismiss the Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen (McNab, William) |
| January 9, 2009 | 78 | OMNIBUS RESPONSE to 72 , 70 , and 73 BRIEFS Filed by Amici Curiae by CMI of Kentucky, Inc. (McNab, William) Modified text on 1/12/2009 (kt). |
| January 9, 2009 | 79 | AFFIDAVIT of William A. McNab in SUPPORT OF 78 Omnibus Response to Briefs Filed by Amici Curiae filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13)(McNab, William) Modified text on 1/12/2009 (kt). |
| January 9, 2009 | 80 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 78 Response filed by CMI of Kentucky, Inc. (McNab, William) |
| January 9, 2009 | 81 | Declaration of Jeffrey Schreiber in Support of 78 OMNIBUS RESPONSE to Briefs Filed by Amici Curiae by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(McNab, William) Modified text on 1/12/2009 (kt). |
| January 9, 2009 | 82 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 78 RESPONSE, 79 AFFIDAVIT, 80 LR 7.1 Word Count Compliance Certificate, 81 DECLARATION. (McNab, William) Modified text and links on 1/12/2009 (kt). |
| January 11, 2009 | 83 | REPLY BRIEF re 72 , 70 , and 73 Amici Curiae Briefs filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 1/12/2009 (kt). |
| January 11, 2009 | 84 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 83 Reply Brief filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 1/12/2009 (kt). |
| January 11, 2009 | 85 | First Declaration of Charles A. Ramsay in Support of 83 Reply Brief filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Exhibit(s) 2, # 2 Exhibit(s) 1, # 3 Exhibit(s) 3, # 4 Exhibit(s) 3, Part 2, # 5 Exhibit(s) 4)(Ramsay, Charles) Modified text on 1/12/2009 (kt). |
| January 11, 2009 | 86 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 85 Declaration in Support, 83 Reply Brief, 84 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles) Modified text on 1/12/2009 (kt). |
| January 14, 2009 | 87 | Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 1/14/2009 re 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by Minnesota, State of, CMI of Kentucky, Inc.. (Court Reporter Jeanne Anderson) (GMO) |
| January 21, 2009 | 88 | LETTER TO DISTRICT JUDGE enclosing 89 AFFIDAVIT by Minnesota Society for Criminal Justice. (Halberg, Marsh) Modified text on 1/22/2009 (kt). |
| January 21, 2009 | 89 | AFFIDAVIT of Marsh J. Halberg re 88 Letter to District Judge by Minnesota Society for Criminal Justice. (Halberg, Marsh) |
| January 22, 2009 | 90 | EXHIBIT re 88 Letter to District Judge, 89 Affidavit by Minnesota Society for Criminal Justice. (Halberg, Marsh) |
| February 6, 2009 | 91 | MEMORANDUM in Opposition re 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by Christopher D. Jacobsen. (Ramsay, Charles) |
| February 6, 2009 | 92 | DECLARATION of Daniel J. Koewler in Opposition to 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by Christopher D. Jacobsen. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5)(Ramsay, Charles) Modified text and link on 2/9/2009 (kt). |
| February 6, 2009 | 93 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 91 Memorandum in Opposition to Motion filed by Christopher D. Jacobsen. (Ramsay, Charles) Modified text on 2/9/2009 (kt). |
| February 6, 2009 | 94 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen re 93 LR7.1 Word Count Compliance Certificate, 92 Declaration in Opposition, 91 Memorandum in Opposition to Motion to Dismiss (Ramsay, Charles) |
| February 9, 2009 | 95 | ORDER denying 34 Motion to Approve Consent Judgment. Signed by Judge Donovan W. Frank on 2/9/09. (GMO) |
| February 16, 2009 | 96 | REPLY MEMORANDUM in Support re 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by CMI of Kentucky, Inc. (McNab, William) Modified text on 2/17/2009 (kt). |
| February 16, 2009 | 97 | AFFIDAVIT of David M. Aafedt in SUPPORT OF 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) 1-16)(McNab, William) Modified text on 2/17/2009 (kt). |
| February 16, 2009 | 98 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 96 Memorandum in Support of Motion filed by CMI of Kentucky, Inc. (McNab, William) Modified text on 2/17/2009 (kt). |
| February 16, 2009 | 99 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 96 Memorandum in Support of Motion, 98 LR7.1 Word Count Compliance Certificate, 97 Affidavit in Support of Motion to Dismiss Plaintiff-Intervenor Jacobsen (McNab, William) |
| February 20, 2009 | 100 | BENCH TRIAL NOTICE Bench Trial set for 5/11/2009 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (GMO) |
| February 27, 2009 | 101 | MOTION to Amend/Correct 12 Pretrial Order, Scheduling Order by Minnesota, State of. (Gratz, Emerald) |
| February 27, 2009 | 102 | NOTICE OF HEARING ON MOTION 101 MOTION to Amend/Correct 12 Pretrial Order, Scheduling Order : Motion Hearing set for 3/4/2009 08:30 AM in Judge's Chambers before Magistrate Judge Arthur J. Boylan. (Gratz, Emerald) |
| February 27, 2009 | 103 | CERTIFICATE OF SERVICE by Minnesota, State of re 102 Notice of Hearing on Motion, 101 MOTION to Amend/Correct 12 Pretrial Order, Scheduling Order (Gratz, Emerald) |
| February 27, 2009 | 104 | MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings by CMI of Kentucky, Inc. (McNab, William) |
| February 27, 2009 | 105 | NOTICE by CMI of Kentucky, Inc. of Hearing on Motion re 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings. Hearing date set for 5/22/09 at 9:00 a.m. in Courtroom 7C in St. Paul before Judge Donovan W. Frank. (McNab, William) Modified text on 3/2/2009 (kt). |
| February 27, 2009 | 106 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 105 Notice (Other), 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings (McNab, William) |
| February 27, 2009 | 107 | Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 2/27/2009 re 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen filed by CMI of Kentucky, Inc. (Court Reporter Jeanne Anderson) (GMO) |
| February 27, 2009 | 108 | ORDER/NOTICE: Status Conference set for 3/4/2009 08:00 AM in Judge's Chambers before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 2/27/09. (jam) |
| March 4, 2009 | 109 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 3/4/2009. Settlement Conference to be held, an order will be issued. (kt) |
| March 5, 2009 | 110 | ORDER/NOTICE of Settlement Conference set for 5/6/2009 09:00 AM in Judge's Chambers before Judge Donovan W. Frank. Signed by Magistrate Judge Arthur J. Boylan on 3/5/09. (kt) |
| March 5, 2009 | 111 | AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/1/2008, Discovery due by 11/1/2009, Motions (non-disp) due 1/2/2009, Motions (disp) due by 4/17/2009, Ready for trial due by 5/1/2010. Signed by Magistrate Judge Arthur J. Boylan on 3/5/09. (kt) |
| March 10, 2009 | 112 | NOTICE of Withdrawal as Attorney - Jeffrey Lebowski (Gratz, Emerald) |
| March 10, 2009 | 113 | CERTIFICATE OF SERVICE by Minnesota, State of re 112 Notice of Withdrawal as Attorney (Gratz, Emerald) |
| March 10, 2009 | 114 | NOTICE of Appearance by Alan I Gilbert on behalf of Minnesota, State of (Attachments: # 1 Certificate of Service)(Gilbert, Alan) |
| March 13, 2009 | 115 | MOTION for Partial Summary Judgment and Permanent Injunction or Preliminary Injunction by Minnesota, State of. (Gratz, Emerald) |
| March 13, 2009 | 116 | NOTICE OF HEARING ON MOTION 115 MOTION for Partial Summary Judgment and Permanent Injunction or Preliminary Injunction : Motion Hearing set for 6/4/2009 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Gratz, Emerald) |
| March 13, 2009 | 117 | CERTIFICATE OF SERVICE by Minnesota, State of re 115 MOTION for Partial Summary Judgment and Permanent Injunction or Preliminary Injunction, 116 Notice of Hearing on Motion (Gratz, Emerald) |
| March 26, 2009 | 118 | LETTER TO DISTRICT JUDGE by Minnesota, State of to defer decision on motion regarding Intervenor Jacobsen. (Gratz, Emerald) |
| March 26, 2009 | 119 | LETTER TO DISTRICT JUDGE responding to 118 LETTER by CMI of Kentucky, Inc. (McNab, William) Modified text on 3/27/2009 (kt). |
| March 26, 2009 | 120 | CERTIFICATE OF SERVICE of 119 LETTER to District Judge by CMI of Kentucky, Inc. (McNab, William) Modified text on 3/27/2009 (kt). |
| March 27, 2009 | 121 | LETTER from Judge Donovan W. Frank regarding State of Minnesota, by Michael Campion, its Commissioner of Public Safety v. CMI of Kentucky, Inc., Civil No. 08-603 (DWF/AJB).(GMO) |
| April 2, 2009 | 122 | AMENDED MOTION for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction by Minnesota, State of. (Gilbert, Alan) Modified TEXT on 4/3/2009 (VEM). |
| April 2, 2009 | 123 | AMENDED NOTICE of Hearing on Motion 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction : Motion Hearing set for 6/4/2009 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Gilbert, Alan) |
| April 2, 2009 | 124 | CERTIFICATE OF SERVICE by Minnesota, State of re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction, 123 Amended Notice of Hearing on Motion, (Gilbert, Alan) |
| April 14, 2009 | 125 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 4/14/2009. (kt) |
| April 16, 2009 | 126 | LETTER from Judge Donovan W. Frank regarding State of Minnesota, by Michael Campion, its Commissioner of Public Safety v. CMI of Kentucky, Inc. (Attachments: # 1 Attachment ) (GMO) |
| April 17, 2009 | 127 | MEMORANDUM in Support re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gilbert, Alan) |
| April 17, 2009 | 128 | AFFIDAVIT of Michael Molenda in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, part 1, # 3 Exhibit(s) Exhibit B, part 2)(Gilbert, Alan) |
| April 17, 2009 | 129 | AFFIDAVIT of Michael Campion in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C)(Gilbert, Alan) |
| April 17, 2009 | 130 | AFFIDAVIT of Frank Dolejsi in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A)(Gilbert, Alan) |
| April 17, 2009 | 131 | AFFIDAVIT of E. Joseph Newton in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Gilbert, Alan) |
| April 17, 2009 | 132 | AFFIDAVIT of William Lemons in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a preliminary injunction filed by Minnesota, State of. (Gilbert, Alan) |
| April 17, 2009 | 133 | MEMORANDUM in Support of 104 MOTION for Judgment on the Pleadings, or, in the Alternative, for Partial Summary Judgment filed by CMI of Kentucky, Inc. (McNab, William) Modified text and link on 4/20/2009 (kt). |
| April 17, 2009 | 134 | AFFIDAVIT of Glenn G. Hardin in SUPPORT OF 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (McNab, William) |
| April 17, 2009 | 135 | Second AFFIDAVIT of Glenn G. Hardin in SUPPORT OF 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (McNab, William) |
| April 17, 2009 | 136 | AFFIDAVIT of Toby Hall in SUPPORT OF 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (McNab, William) |
| April 17, 2009 | 137 | AFFIDAVIT of Mario Santana in SUPPORT OF 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (McNab, William) |
| April 17, 2009 | 138 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 133 Memorandum filed by CMI of Kentucky, Inc.. (McNab, William) Modified text on 4/20/2009 (kt). |
| April 17, 2009 | 139 | AFFIDAVIT of William A. McNab in SUPPORT OF 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) 1 and 2 Part 1, # 2 Exhibit(s) 1 and 2 Part 2, # 3 Exhibit(s) 3 and 4, # 4 Exhibit(s) 5, # 5 Exhibit(s) 6 through 12, # 6 Exhibit(s) 13 through 19)(McNab, William) |
| April 17, 2009 | 140 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 135 Affidavit in Support of Motion, 137 Affidavit in Support of Motion, 134 Affidavit in Support of Motion, 133 Memorandum, 138 LR7.1 Word Count Compliance Certificate, 139 Affidavit in Support of Motion, 136 Affidavit in Support of Motion for Judgment on the Pleadings, or in the Alternative, Partial Summary Judgment (McNab, William) |
| April 17, 2009 | 141 | AFFIDAVIT of Emerald Gratz in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, part 1, # 2 Exhibit(s) Exhibit A, part 2, # 3 Exhibit(s) Exhibit A, part 3, # 4 Exhibit(s) Exhibit A part 4, # 5 Exhibit(s) Exhibit A part 5, # 6 Exhibit(s) Exhibit A part 6, # 7 Exhibit(s) Exhibit B, # 8 Exhibit(s) Exhibit C part 1, # 9 Exhibit(s) Exhibit C part 2, # 10 Exhibit(s) Exhibit C part 3, # 11 Exhibit(s) Exhibit C part 4, # 12 Exhibit(s) Exhibit C part 5, # 13 Exhibit(s) Exhibit C part 6, # 14 Exhibit(s) Exhibit C part 7, # 15 Exhibit(s) Exhibit C part 8, # 16 Exhibit(s) Exhibit C part 9, # 17 Exhibit(s) Exhibit C part 10, # 18 Exhibit(s) Exhibit C part 11, # 19 Exhibit(s) Exhibit C part 12, # 20 Exhibit(s) Exhibit C part 13, # 21 Exhibit(s) Exhibit C part 14, # 22 Exhibit(s) Exhibit D part 1, # 23 Exhibit(s) Exhibit D part 2, # 24 Exhibit(s) Exhibit D part 3, # 25 Exhibit(s) Exhibit D part 4, # 26 Exhibit(s) Exhibit D part 5, # 27 Exhibit(s) Exhibit D part 6, # 28 Exhibit(s) Exhibit E, # 29 Exhibit(s) Exhibit F part 1, # 30 Exhibit(s) Exhibit F part 2, # 31 Exhibit(s) Exhibit F part 3, # 32 Exhibit(s) Exhibit F part 4, # 33 Exhibit(s) Exhibit F part 5, # 34 Exhibit(s) Exhibit F part 6, # 35 Exhibit(s) Exhibit F part 7.1, # 36 Exhibit(s) Exhibit F part 7.2, # 37 Exhibit(s) Exhibit F part 8, # 38 Exhibit(s) Exhibit F part 9, # 39 Exhibit(s) Exhibit F part 10.1, # 40 Exhibit(s) Exhibit F part 10.2, # 41 Exhibit(s) Exhibit F part 10.3, # 42 Exhibit(s) Exhibit F part 11, # 43 Exhibit(s) Exhibit F part 12.1, # 44 Exhibit(s) Exhibit F part 12.2, # 45 Exhibit(s) Exhibit F part 13, # 46 Exhibit(s) Exhibit F part 14.1, # 47 Exhibit(s) Exhibit F part 14.2, # 48 Exhibit(s) Exhibit F part 15, # 49 Exhibit(s) Exhibit F part 16.1, # 50 Exhibit(s) Exhibit F part 16.2, # 51 Exhibit(s) Exhibit F part 17.1, # 52 Exhibit(s) Exhibit F part 17.2, # 53 Exhibit(s) Exhibit F part 18, # 54 Exhibit(s) Exhibit F part 19, # 55 Exhibit(s) Exhibit F part 20.1, # 56 Exhibit(s) Exhibit F part 20.2, # 57 Exhibit(s) Exhibit G part 1, # 58 Exhibit(s) Exhibit G part 2.1, # 59 Exhibit(s) Exhibit G part 2.2, # 60 Exhibit(s) Exhibit G part 3.1, # 61 Exhibit(s) Exhibit G part 3.2, # 62 Exhibit(s) Exhibit G part 4.1, # 63 Exhibit(s) Exhibit G part 4.2, # 64 Exhibit(s) Exhibit G part 5.1, # 65 Exhibit(s) Exhibit G part 5.2, # 66 Exhibit(s) Exhibit G part 6.1, # 67 Exhibit(s) Exhibit G part 6.2, # 68 Exhibit(s) Exhibit G part 7, # 69 Exhibit(s) Exhibit G part 8.1, # 70 Exhibit(s) Exhibit G part 8.2, # 71 Exhibit(s) Exhibit G part 9, # 72 Exhibit(s) Exhibit G part 10.1, # 73 Exhibit(s) Exhibit G part 10.2, # 74 Exhibit(s) Exhibit G part 11.1, # 75 Exhibit(s) Exhibit G part 11.2, # 76 Exhibit(s) Exhibit G part 12.1, # 77 Exhibit(s) Exhibit G part 12.2, # 78 Exhibit(s) Exhibit G part 13.1, # 79 Exhibit(s) Exhibit G part 13.2, # 80 Exhibit(s) Exhibit G part 14, # 81 Exhibit(s) Exhibit G part 15, # 82 Exhibit(s) Exhibit G part 16, # 83 Exhibit(s) Exhibit G part 17, # 84 Exhibit(s) Exhibit G part 18.1, # 85 Exhibit(s) Exhibit G part 18.2, # 86 Exhibit(s) Exhibit G part 19.1, # 87 Exhibit(s) Exhibit G part 19.2, # 88 Exhibit(s) Exhibit G part 20, # 89 Exhibit(s) Exhibit G part 21, # 90 Exhibit(s) Exhibit G part 22, # 91 Exhibit(s) Exhibit G part 23, # 92 Exhibit(s) Exhibit G part 24.1, # 93 Exhibit(s) Exhibit G part 24.2, # 94 Exhibit(s) Exhibit G part 25.1, # 95 Exhibit(s) Exhibit G part 25.2, # 96 Exhibit(s) Exhibit G part 26.1, # 97 Exhibit(s) Exhibit G part 26.2, # 98 Exhibit(s) Exhibit G part 27, # 99 Exhibit(s) Exhibit G part 28, # 100 Exhibit(s) Exhibit G part 29, # 101 Exhibit(s) Exhibit G part 30, # 102 Exhibit(s) Exhibit H part 1, # 103 Exhibit(s) Exhibit H part 2, # 104 Exhibit(s) Exhibit H part 3, # 105 Exhibit(s) Exhibit H part 4, # 106 Exhibit(s) Exhibit H part 5, # 107 Exhibit(s) Exhibit I part 1, # 108 Exhibit(s) Exhibit I part 2, # 109 Exhibit(s) Exhibit I part 3, # 110 Exhibit(s) Exhibit I part 4, # 111 Exhibit(s) Exhibit J, # 112 Exhibit(s) Exhibit K part 1, # 113 Supplement Exhibit K part 2, # 114 Exhibit(s) Exhibit L part 1, # 115 Exhibit(s) Exhibit L part 2, # 116 Exhibit(s) Exhibit L part 3, # 117 Exhibit(s) Exhibit L part 4)(Gilbert, Alan) Modified text on 4/20/2009 (kt). |
| April 17, 2009 | 142 | CERTIFICATE OF SERVICE by Minnesota, State of re 129 Affidavit in Support of Motion, 132 Affidavit in Support of Motion, 127 Memorandum in Support of Motion, 128 Affidavit in Support of Motion, 130 Affidavit in Support of Motion, 131 Affidavit in Support of Motion, 141 Affidavit in Support of Motion. (Gilbert, Alan) |
| April 24, 2009 | 143 | LETTER TO MAGISTRATE JUDGE requesting appearance by telephone for settlement conference by Minnesota, State of. (Attachments: # 1 Certificate of Service)(Gilbert, Alan) Modified text on 4/27/2009 (kt). |
| May 7, 2009 | 144 | DOCUMENT FILED IN ERROR: REFILE WITH CORRECT DOCUMENT ATTACHED. STIPULATION for Protective Order by Minnesota, State of. (Attachments: # 1 Certificate of Service)(Vasaly, Thomas) Modified on 5/7/2009 (JME). Modified text on 5/7/2009 (kt). |
| May 7, 2009 | 145 | DOCUMENT FILED IN ERROR - replaced by doc. #146. STIPULATION For Protective Order by Minnesota, State of. (Attachments: # 1 Certificate of Service)(Vasaly, Thomas) Modified on 5/7/2009 (MMC). |
| May 7, 2009 | 146 | STIPULATION for Protective Order by all parties. (Attachments: # 1 Certificate of Service)(Vasaly, Thomas) Modified text and filers on 5/8/2009 (kt). |
| May 7, 2009 | 147 | PROTECTIVE ORDER. Signed by Magistrate Judge Arthur J. Boylan on 5/7/09. (kt) |
| May 6, 2009 | 148 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: No Settlement Conference held on 5/6/2009. Settlement Conference continued to 5/11/09 at 1:30 p.m. at Winthrop & Weinstine in Mpls. (kt) |
| May 11, 2009 | 149 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Settlement Conference held on 5/11/2009. Parties are to initiate a conference call with Magistrate Judge Arthur J. Boylan on 5/13/09 at 2:30 p.m. (kt) |
| May 15, 2009 | 150 | RESPONSE in Opposition re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by CMI of Kentucky, Inc. (McNab, William) |
| May 15, 2009 | 151 | AFFIDAVIT of William A. McNab in Opposition to 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) Exhibits 1-12, # 2 Exhibit(s) Exhibits 13-18)(McNab, William) Modified text on 5/18/2009 (kt). |
| May 15, 2009 | 152 | AFFIDAVIT of Toby Hall in Opposition to 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by CMI of Kentucky, Inc. (McNab, William) Modified text and link on 5/18/2009 (kt). |
| May 15, 2009 | 153 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 150 Response in Opposition to Motion, filed by CMI of Kentucky, Inc. (McNab, William) Modified text on 5/18/2009 (kt). |
| May 15, 2009 | 154 | CERTIFICATE OF SERVICE re 150 RESPONSE, 151 AFFIDAVIT, 152 AFFIDAVIT, 153 LR 7.1 Word Count Compliance Certificate by CMI of Kentucky, Inc. (McNab, William) Modified text and links on 5/18/2009 (kt). |
| May 15, 2009 | 155 | MEMORANDUM in Opposition re 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by Minnesota, State of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gilbert, Alan) |
| May 15, 2009 | 156 | SECOND AFFIDAVIT of Emerald Gratz in OPPOSITION TO 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings Second filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A part 1, # 2 Exhibit(s) Exhibit A part 2, # 3 Exhibit(s) Exhibit A part 3, # 4 Exhibit(s) Exhibit A part 4, # 5 Exhibit(s) Exhibit A part 5, # 6 Exhibit(s) Exhibit A part 6, # 7 Exhibit(s) Exhibit A part 7, # 8 Exhibit(s) Exhibit B, # 9 Exhibit(s) Exhibit C, # 10 Exhibit(s) Exhibit D part 1, # 11 Exhibit(s) Exhibit D part 2, # 12 Exhibit(s) Exhibit D part 3, # 13 Exhibit(s) Exhibit D part 4, # 14 Exhibit(s) Exhibit D part 5, # 15 Exhibit(s) Exhibit D part 6, # 16 Exhibit(s) Exhibit D part 7, # 17 Exhibit(s) Exhibit D part 8, # 18 Exhibit(s) Exhibit D part 9, # 19 Exhibit(s) Exhibit D part 10, # 20 Exhibit(s) Exhibit D part 11, # 21 Exhibit(s) Exhibit D part 12, # 22 Exhibit(s) Exhibit D part 13, # 23 Exhibit(s) Exhibit E, # 24 Exhibit(s) Exhibit F, # 25 Exhibit(s) Exhibit G part 1, # 26 Exhibit(s) Exhibit G part 2, # 27 Exhibit(s) Exhibit G part 3, # 28 Exhibit(s) Exhibit G part 4, # 29 Exhibit(s) Exhibit G part 5, # 30 Exhibit(s) Exhibit H, # 31 Exhibit(s) Exhibit I, # 32 Exhibit(s) Exhibit J, # 33 Exhibit(s) Exhibit K, # 34 Exhibit(s) Exhibit L part 1, # 35 Exhibit(s) Exhibit L part 2, # 36 Exhibit(s) Exhibit L part 3, # 37 Exhibit(s) Exhibit L part 4, # 38 Exhibit(s) Exhibit M, # 39 Exhibit(s) Exhibit N)(Gilbert, Alan) Modified text on 5/18/2009 (kt). |
| May 15, 2009 | 157 | CERTIFICATE OF SERVICE by Minnesota, State of re 155 Memorandum in Opposition to Motion, 156 Affidavit in Opposition to Motion. (Gilbert, Alan) |
| May 15, 2009 | 158 | MEMORANDUM in Opposition re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction, 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings and in support of State's Motion filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| May 15, 2009 | 159 | SECOND DECLARATION of Thomas E. Workman, Jr. in Opposition to 122 MOTION to Amend/Correct, 104 MOTION for Partial Summary Judgment filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text and links on 5/18/2009 (kt). |
| May 15, 2009 | 160 | DECLARATION of John J. Gores in Opposition re 122 MOTION to Amend/Correct, 104 MOTION for Partial Summary Judgment filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15, # 16 Exhibit(s) 16, # 17 Exhibit(s) 17, # 18 Exhibit(s) 18)(Ramsay, Charles) Modified text and link on 5/18/2009 (kt). |
| May 15, 2009 | 161 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 158 Memorandum in Opposition to Motion, filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 5/18/2009 (kt). |
| May 15, 2009 | 162 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 158 Memorandum in Opposition to Motion, 160 Declaration in Opposition, 159 Declaration in Opposition, 161 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles) |
| May 18, 2009 | 163 | DOCUMENT FILED IN ERROR: CORRECTED MINUTE ENTRY WILL BE FILED. Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 5/18/2009. No settlement reached. (kt) Modified on 6/1/2009 (kt). |
| May 29, 2009 | 164 | REPLY re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by Minnesota, State of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gilbert, Alan) |
| May 29, 2009 | 165 | REPLY re 104 MOTION for Partial Summary Judgment or, in the Alternative, for Judgment on the Pleadings filed by CMI of Kentucky, Inc. (McNab, William) |
| May 29, 2009 | 166 | AFFIDAVIT of Daniel Abelson in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B)(Gilbert, Alan) |
| May 29, 2009 | 167 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE re 165 Reply filed by CMI of Kentucky, Inc. (McNab, William) Modified text on 6/1/2009 (kt). |
| May 29, 2009 | 168 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 165 Defendant's Reply Memorandum of Law in Support of Motion for Judgment on the Pleadings, or, in the Alternative, for Partial Summary Judgment. (McNab, William) Modified text on 6/1/2009 (kt). |
| May 29, 2009 | 169 | AFFIDAVIT of Gloria O'Connell Sonnen in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C)(Gilbert, Alan) |
| May 29, 2009 | 170 | AFFIDAVIT of Robert Mooney in SUPPORT OF 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E)(Gilbert, Alan) |
| May 29, 2009 | 171 | CERTIFICATE OF SERVICE by Minnesota, State of re 164 Reply, 170 Affidavit in Support of Motion, 166 Affidavit in Support of Motion, 169 Affidavit in Support of Motion. (Gilbert, Alan) |
| May 29, 2009 | 172 | LETTER TO DISTRICT JUDGE requesting continuance of hearing by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 6/1/2009 (kt). |
| May 29, 2009 | 173 | DOCUMENT REMOVED PER CHAMBERS. (kt) (Additional attachment(s) added on 6/1/2009: # 1 Document Removed per Chambers) (kt). |
| May 29, 2009 | 174 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 5/29/2009. Settlement reached. (kt) |
| June 1, 2009 | 175 | LETTER TO DISTRICT JUDGE re settlement conference by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 6/2/2009 (kt). |
| June 1, 2009 | 176 | LETTER TO MAGISTRATE JUDGE re settlement conference by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 6/2/2009 (kt). |
| June 1, 2009 | 177 | LETTER TO DISTRICT JUDGE re settlement by Minnesota, State of, CMI of Kentucky, Inc.. (Attachments: # 1 Exhibit(s) Mutual Release and Settlement Agreement, # 2 Exhibit(s) Consent Judgment and Permanent Injunction)(Gilbert, Alan) Modified text on 6/2/2009 (kt). |
| June 1, 2009 | 178 | Joint MOTION to Approve Consent Judgment and Permanent Injunction by Minnesota, State of, CMI of Kentucky, Inc. (McNab, William) |
| June 1, 2009 | 179 | NOTICE OF HEARING ON MOTION 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction : Motion Hearing set for 6/11/2009 01:00 PM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(McNab, William) |
| May 18, 2009 | 180 | Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 5/18/2009. No settlement reached. (kt) |
| June 1, 2009 | 181 | OBJECTION re 179 Notice of Hearing on Motion, 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction to Improperly Scheduled Hearing date filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) |
| June 1, 2009 | 182 | CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 181 Objection. (Ramsay, Charles) |
| June 2, 2009 | 183 | LETTER TO DISTRICT JUDGE responding to the Plaintiff-Intervenors' objection to the scheduling of the hearing on the proposed Consent Judgment and Permanent Injunction by Minnesota, State of. (Gilbert, Alan) Modified text on 6/3/2009 (kt). |
| June 2, 2009 | 184 | MOTION for Order to for Additional Findings of Fact and Conclusions of Law by CMI of Kentucky, Inc. (McNab, William) |
| June 2, 2009 | 185 | NOTICE by CMI of Kentucky, Inc. re 184 Motion for Additional Findings of Fact and Conclusions of Law: Hearing date set for 6/11/09 at 1:00 p.m. in Courtroom 7C in St. Paul before Judge Donovan W. Frank. (McNab, William) Modified text and link on 6/3/2009 (kt). |
| June 2, 2009 | 186 | LETTER TO DISTRICT JUDGE re Plaintiffs-Intervenor's objection to the untimely notice hearing for approval of the settlement by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles) Modified text on 6/3/2009 (kt). |
| June 2, 2009 | 187 | CERTIFICATE OF SERVICE of 185 NOTICE, 184 MOTION by CMI of Kentucky, Inc. (McNab, William) Modified text and link on 6/3/2009 (kt). |
| June 3, 2009 | 188 | ORDER. Signed by Judge Donovan W. Frank on 6/3/09. (GMO) |
| June 4, 2009 | 189 | Amicus Curiae APPEARANCE entered by William A Lemons on behalf of Minnesota County Attorneys Association. (Lemons, William) |
| June 5, 2009 | 190 | LETTER TO DISTRICT JUDGE by Suburban Hennepin County Prosecutors Association. (Schneider, Mark) |
| June 11, 2009 | 192 | NOTICE of Appearance by Erin A Oglesbay on behalf of CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service)(Oglesbay, Erin) |
| June 12, 2009 | 193 | BRIEF of Amicus Curiae Minnesota Society for Criminal Justice. (Attachments: # 1 Exhibit(s) BCA Letter, # 2 Exhibit(s) DPS News Release)(Halberg, Marsh) |
| June 12, 2009 | 194 | OBJECTION re 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Attachments: # 1 DOCUMENT FILED IN ERROR: REFILE SEPARATELY. Exhibit(s) Workman Third Declaration)(Gores, John) Modified text on 6/15/2009 (kt). |
| June 12, 2009 | 195 | BRIEF Amicus Curiae of Suburban Hennepin County Prosecutors Association. (Schneider, Mark) Modified text on 6/15/2009 (kt). |
| June 16, 2009 | 196 | THIRD DECLARATION of Thomas Workman in Opposition to 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Gores, John) Modified text on 6/17/2009 (kt). |
| June 16, 2009 | 197 | MEMORANDUM by Minnesota, State of in Support of 178 Entry of the Consent Judgment and Permanent Injunction filed by Minnesota, State of. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Gilbert, Alan) Modified text and link on 6/17/2009 (kt). |
| June 16, 2009 | 198 | MEMORANDUM in Support re 184 MOTION for Order to for Additional Findings of Fact and Conclusions of Law, 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by CMI of Kentucky, Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Aafedt, David) |
| June 16, 2009 | 199 | AFFIDAVIT of Toby Hall in SUPPORT OF 184 MOTION for Order to for Additional Findings of Fact and Conclusions of Law, 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by CMI of Kentucky, Inc. (Aafedt, David) |
| June 16, 2009 | 200 | AFFIDAVIT of David M. Aafedt in SUPPORT OF 184 MOTION for Order to for Additional Findings of Fact and Conclusions of Law, 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by CMI of Kentucky, Inc. (Attachments: # 1 Exhibit(s) A-B)(Aafedt, David) |
| June 16, 2009 | 201 | Third AFFIDAVIT of Emerald Gratz in SUPPORT OF 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by Minnesota, State of. (Attachments: # 1 Exhibit A, part 1, # 2 Exhibit A part 2, # 3 Exhibit B part 1, # 4 Exhibit B part 2, # 5 Exhibit B part 3, # 6 Exhibit B part 4, # 7 Exhibit B part 5, # 8 Exhibit C part 1, # 9 Exhibit C part 2, # 10 Exhibit C part 3, # 11 Exhibit C part 4)(Gilbert, Alan) Modified text on 7/15/2009 (vem). |
| June 16, 2009 | 202 | CERTIFICATE OF SERVICE by Minnesota, State of re 201 Affidavit in Support of Motion, 197 Memorandum in Support of Entry of Consent Judgment and Permanent Injunction. (Gilbert, Alan) |
| June 16, 2009 | 203 | CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 198 Memorandum in Support of Motion, 200 Affidavit in Support of Motion, 199 Affidavit in Support of Motion, for Entry of Proposed Consent Judgment and Additional Findings of Fact and Conclusions of Law.(Aafedt, David) |
| June 19, 2009 | 204 | Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 6/19/2009 re 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by Minnesota, State of, CMI of Kentucky, Inc. (Court Reporter Jeanne Anderson) (GMO) |
| July 16, 2009 | 205 | MEMORANDUM OPINION AND ORDER granting 62 Motion to Dismiss. The claims of Defendant Christopher D. Jacobsen are DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY (Written Opinion). Signed by Judge Donovan W. Frank on 7/16/09. (GMO) |
| July 16, 2009 | 206 | ORDER APPROVING CONSENT JUDGMENT AND PERMANENT INJUNCTION AND MEMORANDUM granting 178 Motion to Approve Consent Judgment; denying 184 Motion for Additional Findings of Fact and Conclusions of Law (Written Opinion). Signed by Judge Donovan W. Frank on 7/16/09. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (GMO) |
| July 16, 2009 | 207 | JUDGMENT (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(kt) |
| August 12, 2009 | 208 | Minute Entry for proceedings held before Judge Donovan W. Frank: Telephone Conference held on 8/12/2009. (Court Reporter Jeanne Anderson) (GMO) |
| November 19, 2009 | 209 | LETTER TO DISTRICT JUDGE in response to letter re status conference by CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service Letter to Judge Frank)(McNab, William) Modified text on 11/20/2009 (kt). |
| November 19, 2009 | 210 | LETTER TO DISTRICT JUDGE re status conference by Minnesota Society for Criminal Justice. (Halberg, Marsh) Modified on 11/20/2009 (kt). |
| November 19, 2009 | 211 | Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 11/19/2009. The attorneys are instructed to conduct settlement discussions (without the Court's involvement) early next week. The attorneys agree to report on such settlement discussions early next week. The Court reserves the right to set a hearing at which time the experts will appear. (Court Reporter Jeanne Anderson) (BJS) |
