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U.S. District Courts - South Dakota
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UNITED STATES of America, Plaintiff, v. Jeffrey Charles DUNCAN, Defendant. , D.S.D., November 16, 2009
John E. Haak, U.S. Attorney's Office, Sioux Falls, SD, for Plaintiff. Timothy Joseph Langley, Federal Public Defender, Sioux Falls, SD, for Defendant. RECOMMENDED FINDINGS ON REVOCATION OF SUPERVISED RELEASE JOHN E. SIMKO, United States Magistrate Judge. This matter came before the court for hearing upon the Petition to Revoke Supervised Release (Doc. 38) on Monday, November 16, 2009. The defendant appeared in person and by his counsel, Assistant Federal Public Defender Tim Langley, whil...
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Bethyl (Betty) BEYER, Plaintiff, v. MEDICO INSURANCE GROUP, Medico Insurance Company, Ability Insurance Company f/k/a Medico Life Insurance Company, Ability Resources, Inc., Defendants. , D.S.D., November 13, 2009
Michael Charles Abourezk, Abourezk Law Firm, Rapid City, SD, for Plaintiff. Gregory James Erlandson, Terry G. Westergaard, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, SD, for Defendants. ORDER GRANTING PLAINTIFF'S SECOND MOTION TO COMPEL VERONICA L. DUFFY, United States Magistrate Judge. Plaintiff Bethyl Beyer seeks a second order compelling discovery to her Second Requests for Production of Documents to Defendants. [Docket No. 51]. This court previously granted in part and ...
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UNITED STATES of America, Plaintiff, v. Christopher D. KODGER, Defendant. , D.S.D., November 12, 2009
Thomas J. Wright, Jeffrey C. Clapper, U.S. Attorney's Office, Sioux Falls, SD, for Plaintiff. William A. Delaney, III, Federal Public Defender, Sioux Falls, SD, for Defendant. ORDER LAWRENCE L. PIERSOL, District Judge. Pending before the Court is the Defendant's Motion to Suppress Statements, Doc. 19. The Court has reviewed the Motion to Suppress Statements, Magistrate Judge Simko's Report and Recommendation of October 20, 2009, Doc. 24, the transcript of the hearing, and the objecti...
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Ryan WINGLER, Petitioner, v. Douglas WEBER, Respondent. , D.S.D., November 12, 2009
Ryan Wingler, Yankton, SD, pro se. OPINION AND ORDER JOHN E. SIMKO, United States Magistrate Judge. Petitioner, Ryan Wingler, an inmate at the Yankton Trustee Unit, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL HISTORY Petitioner was sentenced on five felony counts of fraudulent insurance acts and on one count of grand theft to a total of 21 years imprisonment with three years suspended. A written judgment was entered on June 21, 2006. ...
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MUELLER PALLETS, LLC, Plaintiff, v. VERMEER CORPORATION, Defendant. , D.S.D., November 10, 2009
Michael F. Marlow, Sheila S. Woodward, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, Yankton, SD, for Plaintiff. Thomas K. Wilka, Hagen, Wilka and Archer, P.C., Sioux Falls, SD, for Defendant. MEMORANDUM OPINION AND ORDER RE: MOTION TO DISMISS LAWRENCE L. PIERSOL, District Judge. Pending before the Court is Defendant Vermeer Corporation's Motion to Dismiss. Doc. 8. Plaintiff, Mueller Pallets, LLC, filed an amended complaint (Doc. 5) in this diversity action alleging breach of c...
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Juan Gerardo ROJAS, Petitioner, v. UNITED STATES of America, Respondent. , D.S.D., November 9, 2009
Juan Rojas, Pierre, SD, pro se. Mikal G. Hanson, U.S. Attorney's Office Pierre Office, Pierre, SD, for Respondent. OPINION AND ORDER CHARLES B. KORNMANN, District Judge. Petitioner was convicted of two counts of aggravated sexual abuse of AP, lesser included offenses of simple assault and assault by striking, beating, or wounding AP, and aggravated sexual abuse and abusive sexual contact of KH. AP and KH were the daughters of petitioner's former girlfriend, Toni Hernandez. Petitioner...
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Carolyn BROWN BEAR, Plaintiff, v. CUNA MUTUAL GROUP, Cuna Mutual Life Insurance Company, and Cuna Mutual Insurance Society, Defendants. , D.S.D., November 5, 2009
James D. Leach, Attorney At Law, Michael Charles Abourezk, Abourezk Law Firm, Rapid City, SD, for Plaintiff. Thomas G. Fritz, Catherine Marie Sabers, Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, for Defendants. ORDER GRANTING MOTION TO COMPEL VERONICA L. DUFFY, United States Magistrate Judge. INTRODUCTION Plaintiff Carolyn Brown Bear moves to compel defendants Cuna Mutual Group, Cuna Mutual Life Insurance Company, and Cuna Mutual Insurance Society (collectively "Cuna"), to prod...
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Gail CLIFFORD, M.D., Plaintiff, v. SANFORD CLINIC, f/k/a Sioux Valley Clinic, a South Dakota Corporation; Sanford Health, a South Dakota Corporation; and Paul Kenneth ASPAAS, M.D., Defendants. , D.S.D., November 5, 2009
Shiloh M. MacNally, Abourezk Law Firm, Rapid City, SD, for Plaintiff. Melissa Carol Hinton, Susan Brunick Simons, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Defendants. OPINION AND ORDER ON MOTIONS JOHN E. SIMKO, United States Magistrate Judge. Pending are motions to compel a response to a subpoena (Doc. 25) and to quash a subpoena (Doc. 20). BACKGROUND Plaintiff Gail Clifford was an employee of defendant Sanford. On July 18, 2005, she was injured on the job. She filed...
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COVAD COMMUNICATIONS COMPANY, Plaintiff, v. REVONET, INC., Defendant. , D.S.D., November 4, 2009
Jon C. Sogn, Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, SD, for Plaintiff. Eric R. Johnson, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Defendant. OPINION AND ORDER ON MOTIONS JOHN E. SIMKO, United States Magistrate Judge. Pending are Covad Communications Company's (Covad) motion to compel (Doc. 3) and Revonet's motion to quash (Doc. 8). BACKGROUND The underlying lawsuit is pending in United States District Court for the District of Columbia. See Covad Commu...
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David G. PFLUM, Petitioner, v. UNITED STATES of America, Respondent. , D.S.D., November 3, 2009
David G. Pflum, Yankton, SD, pro se. ORDER LAWRENCE L. PIERSOL, District Judge. This matter is before the Court on a petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Petitioner is a federal prisoner incarcerated at the Federal Prison Camp, Yankton, South Dakota. He proceeds pro se and submitted the filing fee. BACKGROUND Petitioner was convicted in the District of Kansas for failure to pay employment taxes and failure to file federal income tax returns. Petitioner appeal...
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Heath TAYLOR, Plaintiff, v. Charlie Daman WOLF, Gregory County Sheriff, in his official and individual capacity, Winner City Jail, and Richard Bertram, in his official and individual capacity, Defendants. , D.S.D., November 2, 2009
Heath Taylor, Gregory, SD, pro se. Michael A. Henderson, William C. Garry, Cadwell, Sanford, Deibert & Garry, LLP, David A. Pfeifle, May & Johnson, P.C., Sioux Falls, SD, for Defendants. ORDER RICHARD H. BATTEY, District Judge. Plaintiff commenced this action pursuant to 42 U.S.C. § 1983, alleging that defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Defendants move for summary judgment alleging that they are immune from suit...
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UNITED STATES of America, Plaintiff, v. Curt ROMANYSHYN a/k/a Constantine Romanyshyn, and Kent Hazelrigg, Defendants. , D.S.D., October 30, 2009
Mark Alexander Vargo, U.S. Attorney's Office, Rapid City, SD, for Plaintiff. Michael R. Hoffman, Law Office of Michael R. Hoffman, Bismarck, ND, Robin L. Zephier, Abourezk Law Firm, Rapid City, SD, for Defendants. ORDER DENYING MOTION TO DISMISS KAREN E. SCHREIER, Chief Judge. Defendant Curt Romanyshyn moves to dismiss the charges against him because the government intruded into his attorney-client relationship in violation of his Sixth Amendment rights. The government opposes the m...
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UNITED STATES of America, Plaintiff, v. Curt ROMANYSHYN a/k/a Constantine Romanyshyn, and Kent Hazelrigg, Defendants. , D.S.D., October 30, 2009
Mark Alexander Vargo, U.S. Attorney's Office, Rapid City, SD, for Plaintiff. Michael R. Hoffman, Law Office of Michael R. Hoffman, Bismarck, ND, Robin L. Zephier, Abourezk Law Firm, George E. Grassby, Federal Public Defender's Office, Anthony P. Bolson, Beardsley, Jensen & Von Wald, Prof. L.L.C., Rapid City, SD, for Defendants. ORDER DENYING MOTION IN LIMINE KAREN E. SCHREIER, Chief Judge. Defendant Kent Hazelrigg moves in limine to preclude the government from introducing into evid...
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UNITED STATES of America, Plaintiff, v. Kent HAZELRIGG, Defendant. , D.S.D., October 29, 2009
ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS DENYING DEFENDANT'S MOTION FOR SEVERANCE, DISCLOSURE OF CO-CONSPIRATOR'S STATEMENT AND FOR BILL OF PARTICULARS KAREN E. SCHREIER, Chief Judge. The superseding indictment charges defendant Kent Hazelrigg with the crimes of conspiracy to distribute methamphetamine (Count I) and possession with the intent to distribute methamphetamine (Count II). Also charged in Count I as a co-conspirator is co-defendant Curt Romanyshyn and other unna...
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Charles O. RED CLOUD, Petitioner, v. Robert DOOLEY, Warden, Respondent. , D.S.D., October 28, 2009
Charles O. Red Cloud, Sioux Falls, SD, pro se. Meghan N. Dilges, Attorney General of South Dakota, Pierre, SD, for Respondent. ORDER LAWRENCE L. PIERSOL, District Judge. Petitioner brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This Court has reviewed the file, the Report and Recommendation of Magistrate Judge Simko and the objections of Petitioner Red Cloud to the Report and Recommendation. Petitioner's objections were called "Answering Affidavit" and ...
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UNITED STATES of America, Plaintiff, v. Rudy GARCIA, a/k/a Rudolfo Garcia, Defendant. , D.S.D., October 26, 2009
OPINION AND ORDER CHARLES B. KORNMANN, District Judge. Defendant pleaded guilty to conspiracy to distribute or possess with intent to distribute methamphetamine and was sentenced to 272 months custody. He filed a pro se appeal to the United States Court of Appeals for the Eighth Circuit and that appeal was dismissed as untimely. Defendant filed a motion to vacate, set aside, or correct his conviction and sentence pursuant to 28 U.S.C. § 2255. The basis of the motion is ineffective assi...
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