Bye et al v. Somont Oil Company
| Montana District Court | |
| Judge: | John Johnston |
| 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: Friday Mar 21, 2025 11:08 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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| Docket last updated: 04/03/2025 11:59 PM MDT |
| Tuesday, April 01, 2025 | ||
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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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20
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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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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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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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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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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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answer
Answer to Complaint
Tue 04/01 11:46 AM
DEFENDANTS' ANSWER to8 Complaint by Somont Oil Company. (KJC) |
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6
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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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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 | ||
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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 | ||
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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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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 | ||
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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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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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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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