Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al.
Docket No. 20220036
Oral Argument:
Thursday, March 31, 2022 10:45 AM
Docket Info
- Title
- Energy Transfer LP and Dakota Access LLC, Plaintiffs and Appellants
v.
North Dakota Private Investigative
and Security Board and Tigerswan, LLC, Defendants and Appellees
and
First Look Institute Inc., Intervenor and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2020-CV-02788
South Central Judicial District, Burleigh County
Cynthia M. Feland
2022 ND 84973 N.W.2d 404
Oral Argument
3/31/2022
Highlight
An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).
The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.
Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.
A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.
When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.
Counsel
| Party | Type | Name |
|---|---|---|
| AMICUS CURIAE | PRIVATE PRACTICE | Jack McDonald - 02972 |
| APPELLANT | PRIVATE PRACTICE | Randall Joseph Bakke - 03898 |
| INTERVENOR | PRIVATE PRACTICE | Timothy Q Purdon - 05392 |
| APPELLANT | PRIVATE PRACTICE | Shawn Arlin Grinolds - 05407 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLEE | ATT. GENERAL OFFICE | Courtney R. Titus - 08810 |
| APPELLEE | PRIVATE PRACTICE | Lynn M Boughey - 04046 |
| INTERVENOR | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| INTERVENOR | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/25/2022 | NOTICE OF APPEAL : 01/25/2022 | |
| 2 | 01/25/2022 | ORDER FOR TRANSCRIPT : 01/31/2022 | |
| 3 | 01/25/2022 | Updated Affidavit from Jennifer S. Recine for pro hac vice appearance (Appellant) | |
| 4 | 01/25/2022 | Updated Affidavit from Thomas B. Kelly for pro hac vice appearance (Appellant) | |
| 5 | 01/25/2022 | MOTION FOR STAY BY APPELLANTS | |
| 6 | 01/25/2022 | MOTION TO FILE DOCUMENTS UNDER SEAL BY APPELLANTS | |
| 7 | 01/31/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 8 | 01/31/2022 | Notice Served on Shawn A. Grinolds, Randall J. Bakke, Jennifer S. Recine & Thomas B. Kelly | |
| 9 | 01/31/2022 | Courtney R. Titus/Lynn M. Boughey/Timothy Q. Purdon | |
| 10 | 01/31/2022 | Rec'd $125.00 Filing Fee | |
| 11 | 02/02/2022 | ACTION BY CHIEF JUSTICE (motion to file documents under seal) - Granted | |
| 12 | 02/02/2022 | ACTION BY CHIEF JUSTICE (motion for stay temporarily granted until further order of the Court) - Granted | |
| 13 | 02/03/2022 | MOTION TO FILE CERTAIN EXHIBITS UNDER SEAL FOR IN CAMERA REVIEW ONLY | |
| 14 | 02/04/2022 | Updated Affidavit from Victoria J. Noble for pro hac vice appearance (Intervenor) | |
| 15 | 02/04/2022 | Updated Affidavit from David Bralow for pro hac vice appearance (Intervenor) | |
| 16 | 02/07/2022 | ACTION BY CHIEF JUSTICE - Granted | |
| 17 | 02/07/2022 | ORDER GRANTING MOTION TO FILE CERTAIN EXHIBITS UNDER SEAL FOR IN CAMERA REVIEW ONLY | View |
| 18 | 02/07/2022 | Response Filed to Motion for Stay (Appellee Tigerswan) | |
| 19 | 02/07/2022 | Response Filed to Motion for Stay (Appellee First Look Institute) | |
| 20 | 02/07/2022 | Response Filed to Motion for Stay (Appellee ND Private Investigative and Security Bd) | |
| 21 | 02/07/2022 | Received Exhibits XX, YY, ZZ, AAA and BBB under seal for in camera review | |
| 22 | 02/17/2022 | Order Expediting Appeal | |
| 23 | 02/22/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 24 | 02/25/2022 | Rec'd $243.00 from Bakke Grinolds for documents filed (receipt #28503) | |
| 25 | 02/28/2022 | Rec'd $4.00 from Robins Kaplan for documents filed (receipt #28504) | |
| 26 | 02/28/2022 | ELECTRONIC TRANSCRIPT DATED MARCH 29, 2021 | |
| 27 | 02/28/2022 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 24, 2021 | |
| 28 | 02/28/2022 | ELECTRONIC TRANSCRIPT DATED JANUARY 12, 2022 | |
| 29 | 03/01/2022 | ELEC. RECORD ON APPEAL DATED FEBRUARY 28, 2022 (ENTRY NOS.1-394) | |
| 30 | 03/04/2022 | APPELLANT BRIEF | View |
| 31 | 03/04/2022 | Oral Argument Request by Appellant | |
| 32 | 03/04/2022 | APPELLEE BRIEF (NDSB) | View |
| 33 | 03/04/2022 | APPELLEE BRIEF (TIGERSWAN) | View |
| 34 | 03/04/2022 | Oral Argument Request by Appellee (Tigerswan) | |
| 35 | 03/04/2022 | APPELLEE BRIEF (FLI) | View |
| 36 | 03/04/2022 | MOTION TO LIMIT REVIEW TO THE APPELLATE RECORD AND TO STRIKE by First Look Institute Inc. - RspDue : 03/18/2022 | |
| 37 | 03/04/2022 | MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF BY REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, | |
| 38 | 03/04/2022 | NORTH DAKOTA NEWSPAPER ASSOCIATION, AND FORUM COMMUNICATIONS COMPANY | |
| 39 | 03/04/2022 | AMICUS CURIAE BRIEF | View |
| 40 | 03/06/2022 | ACTION BY CLERK - Granted | |
| 41 | 03/07/2022 | Rec'd corrections to ATB | |
| 42 | 03/08/2022 | Rec'd corrections to ACB | |
| 43 | 03/08/2022 | Rec'd 3 copies of AEB (NDSB) back from CD | |
| 44 | 03/08/2022 | Rec'd 3 copies of AEB (TIGERSWAN) back from CD | |
| 45 | 03/08/2022 | Rec'd 3 copies of AEB (FIRST LOOK INSTITUTE) back from CD | |
| 46 | 03/08/2022 | Rec'd 3 copies of ATB back from CD | |
| 47 | 03/09/2022 | Rec'd 3 copies of ACB back from CD | |
| 48 | 03/18/2022 | Response Filed to MOTION TO LIMIT REVIEW TO THE APPELLATE RECORD AND TO STRIKE | |
| 49 | 03/23/2022 | MOT. TO LIMIT REV. TO THE APP. RECORD AND TO STRIKE by First Look To Be Considered With the Merits | |
| 50 | 03/24/2022 | MOTION TO ALTER ORAL ARGUMENT TIME | |
| 51 | 03/27/2022 | ACTION BY CLERK - Granted | |
| 52 | 03/31/2022 | APPEARANCES: Jennifer S. Recine & Shawn A. Grinolds/Courtney R. Titus/ Lynn M. Boughey/ | |
| 53 | 03/31/2022 | Timothy Q. Purdon, Victoria J. Noble & David Bralow | |
| 54 | 03/31/2022 | ARGUED: Jennifer S. Racine/ Courtney R. Titus/ Lynn M. Boughey/ Timothy Q. Purdon | |
| 55 | 03/31/2022 | ORAL ARGUMENT WEBCAST | |
| 56 | 04/28/2022 | DISPOSITION | |
| 57 | 04/28/2022 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 58 | 04/28/2022 | Judgment | View |
| 59 | 04/28/2022 | Costs taxed in favor of Appellees | |
| 60 | 04/28/2022 | NO ACTION TAKEN (MOT. TO LIMIT REV. TO THE APP. RECORD AND TO STRIKE by First Look) | |
| 61 | 05/12/2022 | PETITION FOR REHEARING | View |
| 62 | 05/13/2022 | Rec'd 3 copies of PER back from CD | |
| 63 | 05/23/2022 | ACTION BY SUPREME COURT (PER) - Denied | View |
| 64 | 05/31/2022 | MANDATE |