JMAC Energy Services LLC v. Badger Mining Corporation et al
| North Dakota District Court | |
| Judge: | Daniel L Hovland |
| Referred: | Clare R Hochhalter |
| Case #: | 1:24-cv-00080 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Injunctive & Declaratory Relief |
| Case Filed: | May 13, 2024 |
| Last checked: Saturday Nov 09, 2024 4:08 AM CST |
|
3rd Party Defendant
Todd Erickson
|
Represented By
|
|
3rd Party Defendant
Jon McCreary
|
Represented By
|
|
3rd Party Plaintiff
Athabasca Minerals, Inc.
|
Represented By
|
|
Counter Claimant
Athabasca Minerals, Inc.
|
Represented By
|
|
Counter Claimant
JMAC Energy Services LLC
|
Represented By
|
|
Counter Defendant
Athabasca Minerals, Inc.
|
Represented By
|
|
Counter Defendant
Badger Mining Corporation
|
Represented By
|
|
Counter Defendant
JMAC Energy Services LLC
|
Represented By
|
|
Defendant
Athabasca Minerals, Inc.
|
Represented By
|
|
Defendant
Badger Mining Corporation
|
Represented By
|
|
Plaintiff
JMAC Energy Services LLC
|
Represented By
|
GPO
Nov 22 2024
ORDER adopting the parties' 35 Joint Scheduling/Discovery Plan. Discovery due by 5/1/2025. Discovery Motions due by 5/1/2025. Discovery Depositions of Expert Witnesses due by 7/16/2025. Plaintiff(s) Expert Witness Disclosures and Reports due by 4/1/2025. Defendant(s) Expert Witness Disclosures and Reports due by 4/15/2025. Plaintiff(s) Rebuttal Expert Disclosures due by 5/16/2025. Join Additional Parties due by 2/1/2025. Joint Proposed Discovery due by 2/1/2025. Dispositive Motions due by 7/1/2025., Nondispositive Motions due by 7/1/2025. By Magistrate Judge Clare R. Hochhalter.(BG) |
|
|
GPO
Nov 22 2024
ORDER: Mid-Discovery Status Conference set for 3/3/2025 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (BG) |
|
|
GPO
Feb 19 2025
ORDER by Judge Daniel L. Hovland denying 16 Motion for Preliminary Injunction. (MM) |
|
|
GPO
May 07 2025
ORDER: Final Pretrial Conference REset for 4/22/2026 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. Jury Trial REset for 5/4/2026 at 9:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (7 days). By Magistrate Judge Clare R. Hochhalter (FPT and Jury trial previously set for 1/20/2026 and 2/2/2026) (BG) |
| Docket last updated: 05/19/2025 11:59 PM CDT |
| Wednesday, May 07, 2025 | ||
| 48 | 48
2
pgs
order
Order ~Util - Set Hearings
Wed 05/07 9:47 AM
ORDER: Final Pretrial Conference REset for 4/22/2026 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. Jury Trial REset for 5/4/2026 at 9:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (7 days). By Magistrate Judge Clare R. Hochhalter (FPT and Jury trial previously set for 1/20/2026 and 2/2/2026) (BG) |
|
| 47 | 47
minutes
Scheduling Conference
Wed 05/07 9:27 AM
(Text Only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Scheduling Conference held on 5/7/2025. (BG) |
|
| Wednesday, April 30, 2025 | ||
| 46 | 46
1
pgs
order
Order ~Util - Terminate Motions ~Util - Set Hearings
Wed 04/30 7:39 AM
ORDER granting45 MOTION to Schedule Rule 26 Scheduling Conference. Scheduling Conference set for 5/7/2025 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (BG) |
|
| Tuesday, April 29, 2025 | ||
|
utility
Docket Correction
Tue 04/29 10:53 AM
DOCKET CORRECTION re:44 NOTICE of Appearance and45 MOTION for Hearing. Clerk's Office added filers Jon McCreary and Todd Erickson. Re:45 MOTION for Hearing. Clerk's Office corrected event from BRIEF to MOTION for Hearing and regenerated NEF. (sl) |
||
| Monday, April 28, 2025 | ||
| 45 | 45
misc
Brief (NOT for support of MOTIONS - use Memorandum in Support)
Mon 04/28 3:25 PM
BRIEF Request to Schedule Rule 26 Scheduling Conference by JMAC Energy Services LLC. (Brown, Hugh) |
|
| 44 | 44
notice
Notice of Appearance
Mon 04/28 2:26 PM
NOTICE of Appearance by Zachary E Coppola on behalf of JMAC Energy Services LLC (Coppola, Zachary) |
|
| Monday, March 03, 2025 | ||
| 43 | 43
minutes
Mid-Discovery Status Conference
Mon 03/03 10:10 AM
(Text only) Minute Entry for proceedings held before Magistrate Judge Clare R. Hochhalter: Mid-Discovery Status Conference held on 3/3/2025. (GW) |
|
| Wednesday, February 19, 2025 | ||
| 42 | 42
10
pgs
order
Order on Motion for Preliminary Injunction
Wed 02/19 1:29 PM
ORDER by Judge Daniel L. Hovland denying16 Motion for Preliminary Injunction. (MM) |
|
| Thursday, December 12, 2024 | ||
| 41 | 41
13
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction
Thu 12/12 11:19 AM
ORDER by Judge Daniel L. Hovland granting9 Motion to Dismiss for Lack of Jurisdiction; granting26 Motion to Dismiss for Lack of Jurisdiction. (SK) (Main Document 41 replaced on 12/12/2024 to correct typographical errors.) Regenerated NEF. (jb) |
|
| Friday, November 22, 2024 | ||
| 40 | 40
1
pgs
order
Order ~Util - Set Hearings
Fri 11/22 10:54 AM
ORDER: Mid-Discovery Status Conference set for 3/3/2025 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (BG) |
|
| 39 | 39
5
pgs
order
Order for Final Pretrial Conference and Trial Preparation Deadlines
Fri 11/22 10:54 AM
Order for Final Pretrial Conference and Trial Preparation Deadlines. Two business days prior to the Final Pretrial Conference, counsel must email the Exhibit List and Witness List for each party and Expert Reports to: ndd_J-Hochhalter@ndd.uscourts.gov. Trial Memorandum due at least 7 days prior to trial. Deposition designations due at least 14 days prior to trial. Additional deposition designations by opposing parties due 7 days prior to trial. Objections to deposition designations due 4 days prior to trial. Jury Instructions due at least 7 days prior to trial. Motions in limine due 30 days prior to trial. Additional deadlines and details contained in the Order. by Magistrate Judge Clare R. Hochhalter. Final Pretrial Conference set for 1/20/2026 at 9:00 AM by telephone before Magistrate Judge Clare R. Hochhalter.(BG) |
|
| 38 | 38
notice
Notice of Hearing
Fri 11/22 10:54 AM
NOTICE of Hearing: Jury Trial set for 2/2/2026 at 9:00 AM in Bismarck Eagle Courtroom before Judge Daniel L. Hovland (7 days) (BG) |
|
| 37 | 37
8
pgs
order
Order ~Util - Set Deadlines
Fri 11/22 10:53 AM
ORDER adopting the parties'35 Joint Scheduling/Discovery Plan. Discovery due by 5/1/2025. Discovery Motions due by 5/1/2025. Discovery Depositions of Expert Witnesses due by 7/16/2025. Plaintiff(s) Expert Witness Disclosures and Reports due by 4/1/2025. Defendant(s) Expert Witness Disclosures and Reports due by 4/15/2025. Plaintiff(s) Rebuttal Expert Disclosures due by 5/16/2025. Join Additional Parties due by 2/1/2025. Joint Proposed Discovery due by 2/1/2025. Dispositive Motions due by 7/1/2025., Nondispositive Motions due by 7/1/2025. By Magistrate Judge Clare R. Hochhalter.(BG) |
|
| 36 | 36
order
Order
Fri 11/22 10:53 AM
(Text Only) ORDER adopting the parties'34 Joint Stipulated ESI Discovery Plan. By Magistrate Judge Clare R. Hochhalter.(BG) |
|
| Thursday, November 21, 2024 | ||
| 35 | 35
7
pgs
misc
Stipulation
Thu 11/21 4:21 PM
STIPULATION Joint Scheduling/Discovery Plan by Athabasca Minerals, Inc.. (Konkel, David) |
|
| 34 | 34
8
pgs
misc
Stipulation
Thu 11/21 4:18 PM
STIPULATION Joint Stipulated ESI Discovery Plan by Athabasca Minerals, Inc.. (Konkel, David) |
|
| Monday, August 12, 2024 | ||
| 33 | 33
order
Order on Motion for Leave to File
Mon 08/12 1:29 PM
(Text Only) ORDER by Judge Daniel L. Hovland granting29 Motion for Leave to Submit Additional Filings (SK) |
|
|
utility
Docket Correction
Mon 08/12 9:58 AM
DOCKET CORRECTION re:31 RESPONSE to Motion. Wrong event selected. Clerk's Office restricted access to document and refiled at32 as SUPPLEMENT. (sc) |
||
| Thursday, August 08, 2024 | ||
| 32 | 32
5
pgs
misc
Supplement
Mon 08/12 9:57 AM
SUPPLEMENT to document:30 Response to Motion re: Additional Filings and Supplemental Memorandum of Law by Athabasca Minerals, Inc. (sc) |
|
| 31 | 31
5
pgs
respm
Response to Motion
Thu 08/08 5:28 PM
*RESTRICTED - WRONG EVENT SELECTED* RESPONSE to Motion re29 MOTION for Leave to File Additional Filings and Supplemental Memorandum of Law filed by Athabasca Minerals, Inc. (Konkel, David) Modified to restrict access on 8/12/2024 (sc). |
|
| 30 | 30
2
pgs
respm
Response to Motion
Thu 08/08 5:25 PM
RESPONSE to Motion re29 MOTION for Leave to File Additional Filings filed by Athabasca Minerals, Inc. (Konkel, David) |
|
| Friday, August 02, 2024 | ||
|
utility
Docket Correction
Fri 08/02 9:13 AM
DOCKET CORRECTION re:29 MOTION for Leave to File Additional Filings. Clerk's Office added exhibit descriptions to attachments. (sj) |
||
| Thursday, August 01, 2024 | ||
| 29 | 29
3
pgs
motion
Leave to File Document
Thu 08/01 10:41 AM
MOTION for Leave to File Additional Filings by JMAC Energy Services LLC.(Brown, Hugh) Modified on 8/2/2024 to add exhibit descriptions. (sj). |
|
|
Att: 1
5 pgs
Exhibit 1 - Proffered Supplemental Memorandum of Law
|
||
|
Att: 2
7 pgs
Exhibit 2 - Declaration of Jon McCreary
|
||
|
Att: 3
5 pgs
Exhibit 3 - Declaration of Hugh D. Brown
|
||
| Tuesday, July 23, 2024 | ||
| 28 | 28
22
pgs
answer
Answer to Third Party Complaint
Tue 07/23 3:08 PM
ANSWER to Third Party Complaint5 by Todd Erickson, Jon McCreary.(Brown, Hugh) |
|
| Thursday, July 18, 2024 | ||
| 27 | 27
9
pgs
respm
Reply to Response to Motion
Thu 07/18 3:55 PM
REPLY to Response to Motion re16 MOTION for Preliminary Injunction filed by Athabasca Minerals, Inc.. (Konkel, David) |
|
| Wednesday, July 17, 2024 | ||
| 26 | 26
2
pgs
motion
Dismiss/Lack of Jurisdiction
Wed 07/17 4:56 PM
MOTION to Dismiss for Lack of Jurisdiction RENEWED MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Badger Mining Corporation. (Konkel, David) |
|
| 25 | 25
17
pgs
answer
Answer to Counterclaim
Wed 07/17 4:28 PM
ANSWER to Counterclaim12 by Athabasca Minerals, Inc..(Konkel, David) |
|
| 24 | 24
11
pgs
respm
Reply to Response to Motion
Wed 07/17 4:25 PM
REPLY to Response to Motion re9 MOTION to Dismiss for Lack of Jurisdiction filed by Badger Mining Corporation. (Konkel, David) |
|
| Thursday, July 11, 2024 | ||
| 23 | 23
7
pgs
misc
Affidavit
Thu 07/11 5:25 PM
AFFIDAVIT of Jon McCreary re22 Response to Motion by Todd Erickson, JMAC Energy Services LLC, Jon McCreary. (Brown, Hugh) |
|
| 22 | 22
22
pgs
respm
Response to Motion
Thu 07/11 5:24 PM
RESPONSE to Motion re16 MOTION for Preliminary Injunction in Opposition filed by Todd Erickson, JMAC Energy Services LLC, Jon McCreary. (Brown, Hugh) |
|
|
utility
Set/Reset Deadlines
Thu 07/11 11:31 AM
Set/Reset Deadlines: Athabasca Minerals, Inc. answer to counterclaim due 7/17/2024; Badger Mining Corporation answer to counterclaim due 7/17/2024. (cjs) |
||
| Wednesday, July 10, 2024 | ||
|
order
Order Adopting Stipulation
Wed 07/10 10:18 AM
(Text Only) ORDER by Judge Daniel L. Hovland Adopting20 Stipulation filed by Athabasca Minerals, Inc., Badger Mining Corporation. Reply due on or before 7/17/2024.(JO) |
||
|
utility
Set Motion and R&R Deadlines/Hearings
Wed 07/10 10:27 AM
Set/Reset Deadlines as to9 MOTION to Dismiss for Lack of Jurisdiction . Replies due by 7/17/2024. (mf) |
||
| Tuesday, July 09, 2024 | ||
| 20 | 20
2
pgs
misc
Stipulation
Tue 07/09 4:34 PM
STIPULATION Extending Time to File Reply in Support of Motion to Dismiss and Respond to Plaintiff's Counterclaims by Athabasca Minerals, Inc., Badger Mining Corporation. (Konkel, David) |
|
| Monday, July 08, 2024 | ||
|
utility
Docket Correction
Mon 07/08 10:37 AM
DOCKET CORRECTION re:19 Affidavit of Adam Katz. Clerk's Office added link. (cjs) |
||
| Wednesday, July 03, 2024 | ||
| 19 | 19
6
pgs
misc
Affidavit
Wed 07/03 3:50 PM
AFFIDAVIT of Adam Katz by Athabasca Minerals, Inc..(Konkel, David) |
|
|
Att: 1
41 pgs
Exhibit A - March 1, 2024 Third Report of the Proposal Trustee,
|
||
|
Att: 2
37 pgs
Exhibit B - April 19, 2024 Court Order Transaction Approval,
|
||
|
Att: 3
4 pgs
Exhibit C - April 29, 2024 Proposal Trustee's Certificate,
|
||
|
Att: 4
4 pgs
Exhibit D - June 17, 2024 Email from Dana Archibald to Adam Katz Re TSA
|
||
| 18 | 18
4
pgs
misc
Affidavit
Wed 07/03 3:47 PM
AFFIDAVIT of Cody Wickersheim re17 MEMORANDUM in Support by Athabasca Minerals, Inc..(Konkel, David) |
|
|
Att: 1
4 pgs
Exhibit A - Cody Wickersheim's Request for Additional Analysis, meeting and AMI Silica's Response,
|
||
|
Att: 2
3 pgs
Exhibit B - July 2, 2024 Email from Jon McCreary
|
||
| 17 | 17
18
pgs
respm
Memorandum in Support
Wed 07/03 3:44 PM
MEMORANDUM in Support re16 MOTION for Preliminary Injunction filed by Athabasca Minerals, Inc.. (Konkel, David) |
|
| 16 | 16
2
pgs
motion
Preliminary Injunction
Wed 07/03 3:42 PM
MOTION for Preliminary Injunction by Athabasca Minerals, Inc.. (Konkel, David) |
|
| Wednesday, June 26, 2024 | ||
| 15 | 15
misc
Affidavit
Wed 06/26 6:21 PM
AFFIDAVIT of Jon McCreary in Opposition to Motion re13 Response to Motion by JMAC Energy Services LLC.(Brown, Hugh) |
|
|
Att: 1
Exhibit A - Operating Agreement of AMI Silica
|
||
| 14 | 14
misc
Affidavit
Wed 06/26 6:15 PM
AFFIDAVIT of Hugh Brown in Opposition to Defendant's Motion re13 Response to Motion by JMAC Energy Services LLC. (Brown, Hugh) |
|
| 13 | 13
respm
Response to Motion
Wed 06/26 6:12 PM
RESPONSE to Motion re9 MOTION to Dismiss for Lack of Jurisdiction filed by JMAC Energy Services LLC. (Brown, Hugh) |
|
| Monday, June 24, 2024 | ||
|
utility
Docket Correction
Mon 06/24 9:53 AM
DOCKET CORRECTION re:12 ANSWER and COUNTERCLAIM. Clerk's Office clarified docket text to reflect parties Counterclaim is filed against. (sc) |
||
| Friday, June 21, 2024 | ||
| 12 | 12
answer
Answer to Counterclaim
Fri 06/21 3:46 PM
ANSWER to Counterclaim4 , COUNTERCLAIM in Reply against All Defendants by JMAC Energy Services LLC.(Brown, Hugh) |
|
| Wednesday, June 05, 2024 | ||
| 11 | 11
misc
Affidavit
Wed 06/05 3:54 PM
AFFIDAVIT of Adam Katz re10 MEMORANDUM in Support by Badger Mining Corporation. (Konkel, David) |
|
| 10 | 10
12
pgs
respm
Memorandum in Support
Wed 06/05 3:48 PM
MEMORANDUM in Support re9 MOTION to Dismiss for Lack of Jurisdiction filed by Badger Mining Corporation. (Konkel, David) |
|
| 9 | 9
motion
Dismiss/Lack of Jurisdiction
Wed 06/05 3:45 PM
MOTION to Dismiss for Lack of Jurisdiction by Badger Mining Corporation. (Konkel, David) |
|
| 8 | 8
notice
Notice of Appearance
Wed 06/05 3:44 PM
NOTICE of Appearance by David Konkel on behalf of Badger Mining Corporation (Konkel, David) |
|
| Monday, June 03, 2024 | ||
| 7 | 7
service
Waiver of Service Executed
Mon 06/03 3:35 PM
WAIVER OF SERVICE Returned Executed by Jon McCreary, Todd Erickson. Jon McCreary waiver sent on 5/28/2024, answer due 7/29/2024; Todd Erickson waiver sent on 5/28/2024, answer due 7/29/2024. (Brown, Hugh) |
|
| Friday, May 24, 2024 | ||
| 6 | 6
service
Summons Issued
Fri 05/24 3:41 PM
Summons Issued as to Todd Erickson, Jon McCreary. (jb) |
|
| 5 | 5
cmp
Third Party Complaint
Fri 05/24 3:30 PM
THIRD PARTY COMPLAINT against Jon McCreary, Todd Erickson filed by Athabasca Minerals, Inc..(jb) |
|
|
Att: 1
Exhibit 1 - Operating Agreement,
|
||
|
Att: 2
Exhibit 2 - Security Agreement,
|
||
|
Att: 3
Exhibit 3 - JMAC's Complaint,
|
||
|
Att: 4
Exhibit 4 - JMAC's and Athabasca's Stipulation for Dismissal with Prejudice,
|
||
|
Att: 5
Exhibit 5 - Transaction Approval and Reverse Vesting Order,
|
||
|
Att: 6
Exhibit 6 - Special Meeting Notice,
|
||
|
Att: 7
Exhibit 7 - Nolan and Churchill Resignations,
|
||
|
Att: 8
Exhibit 8 - Selection of Wickersheim and Hess as Governors,
|
||
|
Att: 9
Exhibit 9 - Letter to Badger dated April 29, 2024,
|
||
|
Att: 10
Exhibit 10 - McCreary Email,
|
||
|
Att: 11
Exhibit 11 - Letter to Mr. Brown dated April 30, 2024,
|
||
|
Att: 12
Exhibit 12 - Letter from Mr. Brown dated May 2, 2024,
|
||
|
Att: 13
Civil Cover Sheet
|
||
| 4 | 4
answer
Answer to Complaint Counterclaim
Fri 05/24 1:32 PM
ANSWER to1 Complaint and Affirmative Defenses , COUNTERCLAIM against JMAC Energy Services LLC by Athabasca Minerals, Inc..(Konkel, David) |
|
|
Att: 1
Exhibit 1 - AMI Operating Agreement and Amendment,
|
||
|
Att: 2
Exhibit 2 - Security Agreement 2022,
|
||
|
Att: 3
Exhibit 3 - JMAC Complaint,
|
||
|
Att: 4
Exhibit 4 - Stipulation for Dismissal,
|
||
|
Att: 5
Exhibit 5 - Notice of Special Meeting of the Governors,
|
||
|
Att: 6
Exhibit 6 - Resignations,
|
||
|
Att: 7
Exhibit 7 - Notice of Election of Governors,
|
||
|
Att: 8
Exhibit 8 - April 29, 2024 Letter from Brown to Badger,
|
||
|
Att: 9
Exhibit 9 - McCreary Notice to Erickson for Section 11.03,
|
||
|
Att: 10
Exhibit 10 - April 30, 2024 Letter in Response to Brown,
|
||
|
Att: 11
Exhibit 11 - May 2, 2024 Letter from Brown to Konkel
|
||
| 3 | 3
notice
Notice of Appearance
Fri 05/24 1:22 PM
NOTICE of Appearance by David Konkel on behalf of Athabasca Minerals, Inc. (Konkel, David) |
|
| Monday, May 13, 2024 | ||
| 2 | 2
service
Summons Issued
Mon 05/13 10:05 AM
Summons Issued as to Athabasca Minerals, Inc., Badger Mining Corporation. (rh) |
|
| 1 | 1
cmp
Complaint
Mon 05/13 10:02 AM
COMPLAINT against Athabasca Minerals, Inc., Badger Mining Corporation (Filing fee $405, receipt number 100002118) filed by JMAC Energy Services LLC.(rh) |
|
|
Att: 1
Exhibit 1 - Operating Agreement,
|
||
|
Att: 2
Civil Cover Sheet
|
||