Bye et al v. Somont Oil Company
| Montana District Court | |
| Judge: | Brian Morris |
| Case #: | 4:25-cv-00021 |
| Nature of Suit | 893 Other Statutes - Environmental Matters |
| Cause | 28:1442 Petition for Removal |
| Case Filed: | Mar 21, 2025 |
| Last checked: Monday May 05, 2025 2:41 AM MDT |
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Defendant
Somont Oil Company
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Represented By
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Plaintiff
Pamela Bye
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Represented By
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Plaintiff
Scott Bye
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Represented By
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Plaintiff
Korey Fauque
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Represented By
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Plaintiff
Wendy Fauque
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Represented By
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Plaintiff
Butch Gillespie
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Represented By
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Plaintiff
Doreen Gillespie
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Represented By
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Plaintiff
Roxy Gillespie
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Represented By
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Plaintiff
Wayne Gillespie
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Represented By
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Plaintiff
John Does 1, 2, 3, 4
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Represented By
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| Docket last updated: 5 hours ago |
| Saturday, May 10, 2025 | ||
| 28 | 28
respm
Brief/Memorandum in Support - MT
Sat 05/10 12:07 PM
Brief/Memorandum in Support re27 MOTION to Continue Preliminary Pretrial Conference filed by Somont Oil Company. (Conroy, Devon) |
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| 27 | 27
motion
Continue
Sat 05/10 12:05 PM
MOTION to Continue Preliminary Pretrial Conference . Devon Michael Conroy appearing for Defendant Somont Oil Company. (Conroy, Devon) |
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Att: 1
Exhibit Exhibit A - Proposed Order
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| Thursday, May 08, 2025 | ||
| 26 | 26
respm
Brief/Memorandum in Support - MT
Thu 05/08 9:37 AM
Brief/Memorandum in Support re25 MOTION to Dismiss Second Amended Complaint filed by Somont Oil Company. (Conroy, Devon) |
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| 25 | 25
motion
Dismiss - SDM
Thu 05/08 9:34 AM
MOTION to Dismiss Second Amended Complaint . Devon Michael Conroy appearing for Defendant Somont Oil Company. (Conroy, Devon) |
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| Thursday, April 24, 2025 | ||
| 24 | 24
cmp
Amended Complaint
Thu 04/24 9:45 AM
AMENDED COMPLAINT (second) and first supplemental complaint against Somont Oil Company, filed by Korey Fauque, Roxy Gillespie, Pamela Bye, Scott Bye, Wendy Fauque, Butch Gillespie, Doreen Gillespie, Wayne Gillespie. (Taylor, Peter) |
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| Wednesday, April 23, 2025 | ||
| 23 | 23
1
pgs
order
Order on Motion for Leave to File
Wed 04/23 12:14 PM
ORDER granting19 Motion for Leave to File Second Amended Complaint. Plaintiffs will file their second amended complaint. IT IS ALSO ORDERED that the Motion Hearing set for April 24, 2025 is VACATED. Signed by Judge Brian Morris on 4/23/2025. (MMS) |
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| Tuesday, April 22, 2025 | ||
| 22 | 22
respm
Reply to Response to Motion
Tue 04/22 9:48 AM
REPLY to Response to Motion re6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Somont Oil Company. (Conroy, Devon) |
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| 21 | 21
respm
Response to Motion
Tue 04/22 9:41 AM
RESPONSE to Motion re19 MOTION for Leave to File Second Amended and First Supplemental Complaint & Demand for Jury Trial filed by Somont Oil Company. (Conroy, Devon) |
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Att: 1
Exhibit Exhibit A to Response to Motion to Amend Complaint
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| Monday, April 21, 2025 | ||
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utility
Remark
Mon 04/21 9:57 AM
Remark: With regard to Plaintiff's19 MOTION to File Second Amended Complaint. Plaintiff is reminded that pursuant to L.R. 7.1(d)(1)(A) "... briefs in support of a motion must be filed separately from the motion..." This notice is for your information for future filings, the document does not need to be re-filed. In addition, please make sure filed documents are signed properly. Thank you. (ACC) |
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| Friday, April 18, 2025 | ||
| 20 | 20
respm
Response to Motion
Fri 04/18 6:09 PM
RESPONSE to Motion re6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pamela Bye, Scott Bye, Korey Fauque, Wendy Fauque, Butch Gillespie, Doreen Gillespie, Roxy Gillespie, Wayne Gillespie. (Taylor, Peter) |
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| 19 | 19
motion
Leave to File Document
Fri 04/18 4:57 PM
MOTION for Leave to File Second Amended and First Supplemental Complaint & Demand for Jury Trial . Peter B. Taylor appearing for Plaintiffs Pamela Bye, Scott Bye, Korey Fauque, Wendy Fauque, Butch Gillespie, Doreen Gillespie, Roxy Gillespie, Wayne Gillespie. (Taylor, Peter) |
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| Monday, April 07, 2025 | ||
| 18 | 18
order
Order Setting Hearing on Motion - SDM
Mon 04/07 12:11 PM
TEXT ORDER Setting Hearing on Motion6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Somont Oil Company: IT IS HEREBY ORDERED that a Motion Hearing is set for 4/24/2025 at 03:00 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 4/7/2025. (SLL) |
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| 17 | 17
order
Preliminary Pretrial Conference Order - MT
Mon 04/07 10:16 AM
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 5/19/2025. Joint Discovery Plan due by 5/19/2025. Statement of Stipulated Facts due by 5/19/2025. Telephonic Pretrial Conference set for 5/21/2025 at 02:00 PM before Judge Brian Morris. Signed by Judge Brian Morris on 4/7/2025. (ACC) |
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| Friday, April 04, 2025 | ||
| 16 | 16
misc
Clerk's Notice of Reassignment - MT
Fri 04/04 8:24 AM
Clerk's Notice of Reassignment. Pursuant to Local Rule 73.1 and objection having been made to the jurisdiction of an U.S. Magistrate Judge, this case is reassigned to Judge Brian Morris. Please update case number on filings CV-25-21-GF-BMM (ACC) |
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| Tuesday, April 01, 2025 | ||
| 15 | 15
utility
Remark
Tue 04/01 3:17 PM
Remark: Original State Court Documents received from Toole County and placed on shelf in the clerk's office. Attached receipt of removal returned to Debra Munson via mail. (KJC) |
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| 14 | 14
20
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cmp
Complaint - SDM
Tue 04/01 3:06 PM
FIRST AMENDED COMPLAINT & DEMAND FOR JURY TRIAL (STATE COURT) Filed in Montana Ninth Judicial District against All Defendants, filed by Korey Fauque, Roxy Gillespie, Pamela Bye, Scott Bye, Wendy Fauque, Butch Gillespie, Doreen Gillespie, Wayne Gillespie, John Does 1, 2, 3, 4. (KJC) Modified on 4/1/2025 (MMS) |
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| 13 | 13
order
State Court Order
Tue 04/01 2:58 PM
STATE COURT ORDER Filed in Montana Ninth Judicial District. Signed by Hon. Kaydee Snipes Ruiz on 8/26/2024. (KJC) |
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| 12 | 12
notice
Notice of State Court File Received
Tue 04/01 2:41 PM
NOTICE OF STATE COURT FILE RECEIVED Additional attachment ( from Montana Ninth Judicial District, case number DV-20-018.) (KJC) |
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Att: 1
Plaintiffs' Motion for Partial Summary Judgment,
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Att: 2
Brief In Support of Motion for Summary Judgment,
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Att: 3
Plaintiffs' Statement of Undisputed Facts,
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Att: 4
Plaintiffs' Response to Somont's Motion for Entry of Judgment,
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Att: 5
Plaintiffs' Response to Somont's M.R.CIV.P. 12(b)(6) Motion,
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Att: 6
Plaintiffs' Opposed Motion for Leave to File First Amended Complaint,
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Att: 7
Plaintiffs' Unopposed Motion to Extend Briefing Deadlines,
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Att: 8
Plaintiffs' Response Brief Opposing Defendant's Motion for Summary Judgment,
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Att: 9
Plaintiffs' Statement of Disputed Facts,
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Att: 10
Defendant's Reply Brief in Further Support of M.R.Civ.P. 58 Motion for Entry of Judgment,
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Att: 11
Memorandum in Response to Plaintiffs' M.R.Civ.P. 56 Motion for Partial Summary Judgment,
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Att: 12
Memorandum in Response to Plaintiffs' Motion for Leave to File Amended Complaint,
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Att: 13
Somont's Statement of Disputed Facts in Opposition to Plaintiffs' Motion for Partial Summary Judgment,
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Att: 14
Reply Brief in Further Support of M.R.Civ.P. 12(b)(6) Motion to Dismiss Plaintiffs' Fourth Cause of Action for Declaratory Judgment,
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Att: 15
Order (extend deadlines),
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Att: 16
Reply Brief in Further Support of Defendant's M.R.Civ.P. 56 Motions for Summary Judgment,
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Att: 17
Plaintiffs' Reply Brief in Support of Motion to Amend Complaint,
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Att: 18
Plaintiffs' Reply Brief in Support of Motion for Summary Judgment,
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Att: 19
Plaintiffs' Rule 56(f) Motion and Brief,
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Att: 20
Declaration of Korey Fauque,
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Att: 21
Minute Entry December 3, 2024,
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Att: 22
Defendant's Response to Plaintiffs' M.R.Civ.P. 56(f) Motion,
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Att: 23
Declaration of Charles Jansky,
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Att: 24
Plaintiffs' Reply in Support of Plaintiffs' Rule 56(f), Mont. R. Civ. P. Motion for Denial of Defendant's Motion for Summary Judgment,
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Att: 25
Order Granting Leave to File Amended Complaint,
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Att: 26
Minute Entry March 12, 2025,
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Att: 27
Plaintiffs Notice of Withdrawal of Consent to Entry of Judgment on Preliminary Injunction,
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Att: 28
Response to Plaintiffs' Notice of Withdrawal of Consent to Entry of Judgment on Preliminary Injunction
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| 11 | 11
notice
Notice of State Court File Received
Tue 04/01 2:28 PM
NOTICE OF STATE COURT FILE Additional Attachments ( from Montana Ninth Judicial District, case number DV-20-018.), #14 Defendant's Response on Stay of Proceedings Pending Appeal, #15 Supreme Court-Opinion, #16 Order Setting Status Hearing, #17 Remittitur, #18 Notice of Appearance of Counsel for the Defendant (Devon M. Conroy), #19 Minute Entry August 12, 2024, #20 Notice of Substitution of Counsel (Peter B. Taylor in place of Christopher Scoones), #21 Defendant's M.R.Civ.P. 56 Motion for Summary Judgment, #22 Memorandum in Support of Defendant's M.R.Civ.P. 56 Motions for Summary Judgment, #23 Defendant's Statement of Undisputed Facts, #24 Defendant's M.R.Civ.P. 12(b)(6) Motion to Dismiss Plaintiffs' Cause of Action for Declaratory Judgment, #25 Memorandum in Support of Defendant's M.R.Civ.P. 12(b)(6) Motion to Dismiss Plaintiffs' Fourth Cause of Action for Declaratory Judgment, #26 Defendant's M.R.Civ.P. 58 Motion for Entry of Judgment, #27 Memorandum in Support of Defendant's M.R.Civ.P. 58 Motion for Entry of Judgment) (KJC) |
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Att: 1
Request for Scheduling Conference,
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Att: 2
Notice of Issue and Request for Show Cause Hearing on Somont's Motion to Increase Plaintiffs' Written Undertaking,
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Att: 3
Order Following July 14, 2020 Hearing-Amended Order Granting Preliminary lnjuction and Requiring Written Undertaking and Order Setting Telephonic Scheduling Conference,
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Att: 4
Order Resetting Telephonic Scheduling Conference,
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Att: 5
Copy Notice of Appeal to the Supreme Court,
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Att: 6
Notice of Filing (Notice of Appeal),
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Att: 7
Notice of Appeal (filed by Defendant),
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Att: 8
Notice of Transcripts Deemed Necessary for Appeal and Request for Said Transcripts,
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Att: 9
Order Setting Briefing Schedule,
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Att: 10
Minute Entry 12/15/2022,
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Att: 11
Plaintiffs' Brief on Stay of Proceedings Pending Somont's Appeal,
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Att: 12
Notice of Filing (Supreme Court received the file on Janaury 12, 2023),
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Att: 13
Notice {appeal transcript was distributed to all parties listed in the certificate of service
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| 10 | 10
notice
Notice of State Court File Received
Tue 04/01 12:15 PM
NOTICE OF STATE COURT FILE RECEIVED Additional Attachments ( from Montana Ninth Judicial District, case number DV-20-018.), #3 Defendant's Exhibit M (admitted at the July 14, 2020 hearing), #4 Defendant's Exhibit N (admitted at the July 14, 2020 hearing), #5 Minute Entry July 14, 2020, #6 Order Granting Preliminary Injunction and Requiring Written Undertaking //cert of service, #7 Plaintiffs' Notice of Filing Letter of Credit, #8 Defendant's Objection to Sufficiency of Plaintiffs' Required Written Undertaking, #9 Notice of Appeal ( copy-file transfer from the Supreme Court), #10 Notice of Filing (appeal from the Supreme Court), #11 Notice of Appeal (from G. Hatley), #12 Notice of Transcripts Deemed Necessary for Appeal and Request for Said Transcripts, #13 Plaintiff's Response to Defendant's Objection to Sufficiency of Written Undertaking, #14 Notice of Filing (Supreme Court Received the District Court File), #15 Affidavit (transcript extension), #16 Order-transcript extension //cert of service, #17 Amended Notice of Filing (Supreme Court Received the District Court File), #18 Order (transcripts extension) //cert of service, #19 Affidavit, #20 Affidavit, #21 Order-transcript extension //cert of service, #22 Affidavit, #23 Order (transcript extension to March 8, 2021) //cert of service, #24 Appeal Transcript Distributed to all Parties, #25 Remittitur-Reversed and Remanded (Opinion Attached), #26 Plaintiffs' Proposed Findings of Fact, Conclusions of Law, #27 Defendant's Objection to Plaintiffs' Proposed Findings of Fact and Conclusions of Law, #28 Plaintiffs Response to Defendant's Objection to Proposed Findings of Fact and Conclusions of Law, #29 Defendant's Reply Brief in Support of its Objection to Plaintiffs' Proposed Findings of Fact and Conclusions of Law, #30 Defendant's Motion to Increase Plaintiffs' Written Undertaking, #31 Supplemental Declaration of Charles Jansky, #32 Plaintiffs' Objection to Somont's Motion to Increase Plaintiffs Written Undertaking, #33 Reply Brief in Support of Defendant's Motion to Increase Plaintiffs' Written Undertaking) (KJC). Modified on 4/1/2025 (KJC) |
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Att: 1
Defendant's Exhibit K (admitted at the July 14, 2020 hearing),
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Att: 2
Defendant's Exhibit L {admitted at the July 14, 2020 hearing
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| 9 | 9
answer
Answer to Complaint
Tue 04/01 11:46 AM
DEFENDANTS' ANSWER to8 Complaint by Somont Oil Company. (KJC) |
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| 8 | 8
6
pgs
cmp
Complaint - SDM
Tue 04/01 10:33 AM
COMPLAINT (STATE COURT) against Somont Oil Company, filed by Korey Fauque, Roxy Gillespie, Pamela Bye, Scott Bye, Wendy Fauque, Butch Gillespie, Doreen Gillespie, Wayne Gillespie, John Does 1, 2, 3, 4. (KJC) Modified on 4/1/2025 (MMS) |
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| 7 | 7
notice
Notice of State Court File Received
Tue 04/01 9:52 AM
NOTICE OF STATE COURT FILE RECEIVED ( from Montana Ninth Judicial District, case number DV-20-018.), #34 Defendant's Exhibit D (admitted at the July 14, 2020 hearing)) (KJC) |
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Att: 1
Application for TRO and Preliminary Injuction,
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Att: 2
Declaration of Scott Bye,
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Att: 3
Declaration of Wayne Gillespie,
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Att: 4
Notice of Issuance Summons (Somont Oil Company, Inc.),
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Att: 5
Invitation and Assumption of Jurisdiction //cert of service,
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Att: 6
Affidavit of Service-H. Lund & C. Scoones,
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Att: 7
Notice of Appearance (G. Hatley),
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Att: 8
Acknowledgment of Service,
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Att: 9
Affidavit of Service-G. Hatley,
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Att: 10
Defendant's Response to Application for TRO and Preliminary Injunction,
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Att: 11
Declaration of Charles Jansky,
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Att: 12
Order (show cause hearing-June 8, 2020 at 2:00 p.m.) //cert of service,
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Att: 13
Unopposed Motion to Set the Location for the June 8, 2020 Show Cause Hearing and Allowing Defendant's Representative to Appear via Video Conference,
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Att: 14
Unopposed Motion to Continue Hearing and Set a Scheduling Conference,
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Att: 15
Order (Telephonic Conference June 8, 2020 at 1 :30 p.m.) //cert of service,
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Att: 16
Minute Entry June 8, 2020,
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Att: 17
Order Setting Hearing //cert of service,
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Att: 18
Plaintiffs Hearing Brief on Preliminary Injunction,
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Att: 19
Defendant's Hearing Brief on Preliminary Injunction,
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Att: 20
Amended Certificate of Service RE Defendant's Hearing Brief on Preliminary Injunction,
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Att: 21
Defendant's Preliminary Injunction Hearing Exhibits,
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Att: 22
Plaintiffs' Preliminary Injunction Hearing Exhibits,
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Att: 23
Plaintiff's Exhibit 1 (admitted at the July 14, 2020 hearing),
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Att: 24
Plaintiff's Exhibit 2 (admitted at the July 14, 2020 hearing),
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Att: 25
Plaintiff's Exhibit 3 (admitted at the July 14, 2020 hearing),
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Att: 26
Plaintiff's Exhibit 7 (admitted at the July 14, 2020 hearing),
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Att: 27
Plaintiff's Exhibit 8 (admitted at the July 14, 2020 hearing),
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Att: 28
Plaintiff's Exhibit 10 (admitted at the July 14, 2020 hearing),
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Att: 29
Plaintiff's Exhibit 13 (admitted at the July 14, 2020 hearing),
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Att: 30
Plaintiff's Exhibit 14 (admitted at the July 14, 2020 hearing),
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Att: 31
Plaintiff's Exhibit 16 (admitted at the July 14, 2020 hearing),
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Att: 32
Defendant's Exhibit B (admitted at the July 14, 2020 hearing),
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Att: 33
Defendant's Exhibit C {admitted at the July 14, 2020 hearing
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| Friday, March 28, 2025 | ||
| 6 | 6
motion
Dismiss for Failure to State a Claim
Fri 03/28 11:38 AM
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Devon Michael Conroy appearing for Defendant Somont Oil Company. (Conroy, Devon) |
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Att: 1
Supplement Brief in Support of Motion
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utility
Remark
Fri 03/28 11:51 AM
Remark: With regard to Defendant's 48 Partial MOTION to Dismiss. Plaintiff is reminded that pursuant to L.R. 7.1(d)(1)(A) "... briefs in support of a motion must be filed separately from the motion ..." This notice is for your information for future filings, the document does not need to be re-filed. (ACC) |
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| Wednesday, March 26, 2025 | ||
| 5 | 5
utility
Notice of Correction - MT
Wed 03/26 4:15 PM
Notice of Correction: re4 Notice (Other). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (ACC) |
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| 4 | 4
notice
Notice (Other)
Wed 03/26 3:51 PM
Individual Party Notice Regarding Consent to Jurisdiction by U.S. Magistrate Judge form. Modified on 3/26/2025 to change security level and update docket text(ACC) |
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| Friday, March 21, 2025 | ||
| 3 | 3
misc
Corporate Disclosure/Notice of Interested Parties
Fri 03/21 4:01 PM
Corporate Disclosure/Notice of Interested Parties by Somont Oil Company identifying Corporate Parent Jansky Family LP for Somont Oil Company. (Conroy, Devon) |
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| 2 | 2
notice
Notification of Assignment to USMJ - MT
Fri 03/21 10:34 AM
Service of Notification of Assignment to Magistrate Judge form. Objection to USMJ Form due by 4/4/2025. (ACC) |
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| 1 | 1
notice
Notice of Removal - SDM
Fri 03/21 10:33 AM
NOTICE OF REMOVAL from Montana Ninth Judicial District Court, Toole County, case number CV-20-018. (ACC) |
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Att: 1
Exhibit 1 - Complaint,
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Att: 2
Exhibit 2- Summons and Acknowledgment,
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Att: 3
Exhibit 3 - Answer,
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Att: 4
Exhibit 4 - 60 Day CWA Notice,
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Att: 5
Exhibit 5 - Order Leave File Amended Complaint,
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Att: 6
Exhibit 6 - Amended Complaint,
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Att: 7
Civil Cover Sheet
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misc
Filing Fee Received
Fri 03/21 10:34 AM
Filing fee: $ 405.00, receipt number AMTDC-3448929 (ACC) |
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