Search icon

3AN-97-03187CI Native village of, Eklutna et al vs. DAMCO PAVING CORP et al BCS

Court Case Details

Case Number: 3AN-97-03187CI
Case Type: Civil Superior Ct (3AN)
Case Status: Closed
Action: Other Superior Court Complaint
Case Judge: Shortell, Brian C
File Date: 24 Apr 1997

Parties

Name Role
Native village of, Eklutna Plaintiff
Stephan, Lee Plaintiff
Curtis, Anna L Plaintiff
DAMCO PAVING CORP. Defendant
MOA Defendant

Dispositions

Disposition Date Case Judge
*Disposed Prior to Conversion 1999-07-13 Shortell, Brian C

Docket

Date Text
Apr 24 1997
Filed Date: Apr 24 1997
Apr 24 1997
All Records Prior to 10/20/03 are Converted Records, for more information
            please come to the Clerks Office with the case number 
            or mail inquiries to:
            Anchorage Trial Courts
            Records Division
            825 West 4th Avenue
            Anchorage, AK 99501-2004.
            Please note that some converted data, especially dates, may be incorrect due to data entry errors prior to conversion.
May 28 1997
First Answer Filed
            1st Answer Filed
May 29 1997
Motion for Summary Judgment
            Filed by:  PLTFS
            C1:  ORDER BY SHORTELL
            C2:  MOTION FOR CIVIL RULE 56(F) EXTENSION UNTIL 12/15/97 TO FILE OPPOSITION
            C3:  EXTENSION GRANTED UNTIL 9/1/97 PER COURT ORDER ENTERED 7/17/97(9-1-HOLIDAY)
            C4:  CROSS-MOTION FILED 9/2/97
            C5:  STIP TO EXTEND REPLY TO 9/30/97-OPP TO CROSS-MOTION DUE 9/30/97-FILED 9/30
            C6:  STIP TO EXTEND REPLY TO CROSS-MOTION TO 10/17/97-REPLY FILED 10/20/97-
            C7:  10/17-A HOLIDAY
            C8:  SUPPLEMENTAL MEMORANDUM IN OPP FILED 11/13/97-STIP TO EXT DEFT'S RESPONSE
Jun 13 1997
Motion for Extension of Time
            Filed by:  DEFT
            C1:  ORDER BY SHORTELL
            C2:  EXTENSION UNDER CIVIL RULE 56(F) UNTIL 12/15/97 TO FILE OPPOSITION TO
            C3:  PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
            C4:
            C5:
            C6:
            C7:
            C8:
Jun 16 1997
Motion to Dismiss
            Filed by:  DEFT
            C1:  ORAL ARGUMENT SET BY SHORTELL
            C2:  DISMISS OR ALTERNATIVELY, FOR JUDGMENT ON THE PLEADINGS
            C3:  STIP TO EXTEND REPLY DUE DATE TO 7/10/97
            C4:
            C5:
            C6:
            C7:
            C8:
Aug 14 1997
Text: EKLUTNA NAT VIL V DAMCO PAVING (WILKERSON/HEIDEMAN At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time: 01.0H Time: P0230 Judge: BCS Court/Room: 602 Dist/Sup: S Judge Disq:  Notice Code:  D: 07/29/1997
Sep 18 1997
Text:  At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time: 30.0M Time: P0300 Judge: BCS Court/Room: 620 Dist/Sup: S Judge Disq:  Notice Code:  D: 08/27/1997
Nov 26 1997
Motion to Amend
            Filed by:  DEFT MAMD
            C1:  ORDER EXTENDING STAY FOR 60 DAYS ENTERED ON 04/16/98 PER SHORTELL
            C2:  HELD IN ABEYANCE FOR 90 DAYS FROM 01/08/98 PER SHORTELL
            C3:  FILE THIRD PARTY COMPLAINT
            C4:
            C5:
            C6:
            C7:
            C8:
Nov 26 1997
Motion to Add/Subst/Intervene (party)
            Filed by:  DEFT
            C1:  DENIED BY SHORTELL
            C2:  JOIN ALASKA RAILROAD CORPORATION AS DEFENDANT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Nov 26 1997
Motion to Change Hearing Date FIled
            Filed by:  DEFT
            C1:  DENIED BY SHORTELL
            C2:  CONTINUANCE OF ORAL ARGUMENT CURRENTLY SET FOR 12/8/97 AT 2:45 PM
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Dec 08 1997
Text: (WILKERSON/HEIDEMAN) At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time: 30.0M Time: P0245 Judge: BCS Court/Room: 602 Dist/Sup: S Judge Disq:  Notice Code:  D: 10/27/1997
Dec 19 1997
Civil Deficiency Memo mailed re:
            Filed by:  PLTFS
            C1:  NOT USED PER SHORTELL
            C2:  PROPOSED JUDGMENT
            C3:  NO OBJECTIONS FILED AS TO FORM
            C4:
            C5:
            C6:
            C7:
            C8:
Apr 22 1998
Motion for Extension of Time
            Filed by:  DEFT DAMCO PAVING
            C1:  STAY OF PRECEEDINGS EXTENDED TO 6/6/98 PER SHORTELL
            C2:  EXTEND STAY OF PROCEEDINGS; LACKS PROPOSED ORDER, C/S 4-24-98
            C3:  PROPOSED ORDER FILED
            C4:  OPP FILED W/CROSS-MOTION TO VACATE EXISTING STAY
            C5:  REPLY FILED W/OPP TO CROSS-MOTION
            C6:  REPLY TO OPP TO CROSS-MOTION FILED
            C7:
            C8:
Jun 15 1998
Civil Deficiency Memo mailed re:
            Filed by:  PLTF NATIVE VILLAGE
            C1:  DENIED BY SHORTELL
            C2:  REQUEST TO ENTER JUDGMENT (SEE ORDER OF 5-11-98)
            C3:
            C4:  RIPE FOR REVIEW/FILE SCANNED IN CHAMBERS/ROUTED FOR CONSIDERATION
            C5:
            C6:
            C7:
            C8:
Sep 25 1998
Motion to Withdraw as Counsel
            Filed by:  DEFT DAMCO PAVING
            C1:  GRANTED BY CLERK PER 3AN-AO-96-17 - DIANE
            C2:  SUBSTITUTION OF COUSEL; LACKS PROPOSED ORDER, SERVICE ON COUNSEL FOR ARR
            C3:  C/S 9-29-98
            C4:  PROPOSED ORDER AND CORRECT PROOF OF SERVICE FILED
            C5:  NO OPP
            C6:
            C7:
            C8:
Oct 22 1998
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  GRANTED BY CLERK PER 3AN-AO-96-17 - DIANE
            C2:  STIP/ORDER FOR EXTENSION FOR MOA TO FILE ANSWER TO 3RD-PTY COMPLAINT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Oct 30 1998
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION TO FILE ANSWER
            C1:  GRANTED BY CLERK PER 3AN-AO-96-17 - DIANE
            C2:  STIP/ORDER FOR EXTENSION TO FILE ANSWER 4TH-PTY COMPLAINT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Nov 16 1998
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  ORDER BY SHORTELL
            C2:  STIP/ORDER FOR EXTENSION FOR MOA TO FILE ANSWER TO 3RD-PTY COMPLAINT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Nov 20 1998
Motion
            Filed by:  ARR
            C1:  NOTICE TO COURT AND PARTIES
            C2:
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Nov 30 1998
Motion to Dismiss
            Filed by:  4TH-PTY DEFT MOA
            C1:  DENIED BY SHORTELL
            C2:  DISMISS 4TH PARTY COMPLAINT
            C3:  SEE STIP FOR EXTENSION UNTIL 1-18-99 TO FILE RESPONSE (1-18 IS HOLIDAY)
            C4:  OPPS FILED BY AK RAILROAD CORP AND DAMCO PAVING
            C5:  SEE STIPS FOR EXTENSION TO FILE REPLY
            C6:  REPLY FILED
            C7:  ORAL ARGUMENT REQUESTED
            C8:
Dec 14 1998
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  GRANTED BY CLERK PER 3AN-AO-96-17 - DIANE
            C2:  STIP/ORDER FOR EXTENSION TO OPPOSE 4TH PTY DEFT'S MOTION TO DISMISS
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Feb 11 1999
Motion to Withdraw as Counsel
            Filed by:  DAMCO
            C1:  APPROVED BY LT BY AUTHORITY OF C.R. 73 AND 81 - DIANE
            C2:  SUBSTITUTION OF COUNSEL
            C3:  NO OPP
            C4:
            C5:
            C6:
            C7:
            C8:
Apr 07 1999
Text: (HEIDEMAN/PHILLIPS/MCCLINTOCK/GREENE) At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time:  Time: P0245 Judge: BCS Court/Room: 602 Dist/Sup: S Judge Disq:  Notice Code:  D: 03/11/1999
Apr 20 1999
Motion
            Filed by:  3RD-PTY DEFT ARR
            C1:  ORDER BY SHORTELL
            C2:  LEAVE TO FILE OVER-LENGTH SUMMARY JUDGMENT MEMO
            C3:  NO OPP
            C4:
            C5:
            C6:
            C7:
            C8:
Apr 27 1999
Motion for Summary Judgment
            Filed by:  ALASKA RAILROAD
            C1:  DENIED BY SHORTELL
            C2:  PARTIAL SUMMARY JUDGMENT
            C3:  SEE STIP RE BRIEFING OF OPP AND REPLY
            C4:  OPPS FILED
            C5:  REPLY FILED
            C6:
            C7:
            C8:
Apr 29 1999
Text: ARGUMENT (GREEN/HEIDEMAN/JOHNSON/MCCLINTOCK/WADE) At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time:  Time: A1000 Judge: BCS Court/Room: 602 Dist/Sup: S Judge Disq:  Notice Code:  D: 04/27/1999
May 06 1999
Stipulation (In Motion Tracking)
            Filed by:  STIPULATION
            C1:  ORDER BY SHORTELL
            C2:  STIP/ORDER RE QUARRY OPERATIONS, OPP AND REPLY DUE DATES RE PARTIAL S.J.
            C3:  MOTION, DISCOVERY COMPLETION
            C4:
            C5:
            C6:
            C7:
            C8:
May 17 1999
Text: (HEIDEMAN/WADE/MCCLINTOCK/JOHNSON/GREENE) At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time:  Time: P0330 Judge: BCS Court/Room: 602 Dist/Sup: S Judge Disq:  Notice Code:  D: 05/14/1999
May 27 1999
Motion to Reconsider
            Filed by:  AK RAILROAD
            C1:  DENIED BY SHORTELL
            C2:
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Jun 04 1999
Motion For Judgment
            Filed by:  NVE
            C1:  ORDER BY SHORTELL
            C2:  54(B) JUDGMENT
            C3:  SEE STIP FOR EXTENSION TO OPPOSE
            C4:  SEE STIP FOR EXTENSION FOR MOA TO OPPOSE
            C5:  JOINDER BY ARR W/REQUEST FOR MODIFICATIONS
            C6:  OPP FILED
            C7:  SEE STIP FOR EXTENSION TO FILE REPLY
            C8:  REPLY FILED
Jun 04 1999
Motion for Costs
            Filed by:  PLT
            C1:  MOTION FILED W/O PROPOSED ORDER AND TIED IN FILE W/OUT BEING ROUTED
            C2:  TO LT
            C3:  SEE SUPPLEMENTAL SUBMISSION FOR ATT FEES FILED 6-18-99
            C4:  NO OPP
            C5:  NO REPLY
            C6:
            C7:
            C8:
Jun 09 1999
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  GRANTED BY CLERK PER 3AN-AO-98-06 - DIANE
            C2:  STIP/ORDER FOR EXTENSION UNTIL 6-25-99 TO RESPOND TO MOTION FOR JUDGMENT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Jun 16 1999
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  GRANTED BY CLERK PER 3AN-AO-98-06 - DIANE
            C2:  STIP/ORDER FOR EXTENSION TO OPPOSE 54(B) JUDGMENT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Jun 30 1999
Motion For Judgment
            Filed by:  DEFT MOA
            C1:  ORDER BY SHORTELL
            C2:  MOA'S 54(B) MOTION FOR ENTRY OF JUDGMENT
            C3:  LIMITED OPP FILED
            C4:  REPLY FILED W/SUBSTITUTE PROPOSED ORDER
            C5:
            C6:
            C7:
            C8:
Jul 01 1999
Stipulation (In Motion Tracking)
            Filed by:  EXTENSION OF TIME
            C1:  GRANTED BY CLERK PER 3AN-AO-99-04
            C2:  STIP/ORDER FOR EXTENSION TO FILE REPLY TO MOTION FOR JUDGMENTR
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Jul 01 1999
Motion for Extension of Time
            Filed by:  ALASKA RAILROAD CORP;
            C1:  ORDER BY SHORTELL
            C2:  EXTENSION TO FILE REPLY TO OPP TO MUFION FOR JUDGMENT
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Jul 13 1999
Closed Date: Jul 13 1999
Jul 23 1999
Motion to Amend
            Filed by:  ALASKA RAILROAD
            C1:  DENIED BY SHORTELL
            C2:  AMEND 54(B) JUDGMENT
            C3:  OPP FILED
            C4:  REPLY FILED
            C5:
            C6:
            C7:
            C8:
Jul 23 1999
Motion for Costs
            Filed by:  PLTFS
            C1:  COST BILL GRANTED
            C2:  TIMELY, VERIFIED COST BILL
            C3:  OBJECTION FILED
            C4:  REPLY FILED
            C5:
            C6:
            C7:
            C8:
Aug 09 1999
Motion for Costs
            Filed by:  MOA
            C1:  ORDER BY SHORTELL
            C2:  ATTY FEES FOR FOURTH-PARTY DEFT; LACKS PROPOSED ORDER, C/S 8-20-99
            C3:  OPP FILED
            C4:  NO REPLY
            C5:  PER SHORTELL MOA TO REPLY TO OPP WITHIN 10 DAYS
            C6:  NO REPLY FILED AS OF 9-14-99
            C7:
            C8:
Oct 15 1999
Motion
            Filed by:  COURT
            C1:  PER SHORTELL SUPPLEMENT BRIEFING TO BE DONE AS TO ATTORNEYS FEES BEFORE
            C2:  A FINAL RULING WILL BE ISSUED
            C3:
            C4:  SUPPLEMENTAL BRIEF FILED BY ASHBURN&MASON, DATED 10/25/99
            C5:  MOA FILED A RESPONSE, DATED 10/25/99
            C6:  PLAINTIFF HAS FILED AN OPPOSITION TO THE AK RAILROAD BRIEF
            C7:  REPLY FILED TO REQUEST FOR APPROVAL OF SETTLEMENT AGREEMENT
            C8:  AFFIRMED
Oct 19 1999
Notice for Preparation of Record in Admin.  Appeal Sent
            Filed by:  CASE MANAAGER, MLB
            C1:  PAG COMPLETED ADN NOTICE SENT TO SUPREM COURT 10/99/99
            C2:
            C3:
            C4:
            C5:
            C6:
            C7:
            C8:
Oct 25 1999
Miscellaneous
            Filed by:  ASHBURN AND MASON
            C1:  REPLY ACCEPTED FOR FILING SETTLEMENT APROVAL RIPE
            C2:  WAITING ON MT TO ALLOW REPLY ROUTE TO BCS WHEN MT IS RIPE
            C3:  PLT'S RESPONSE TO ARRC/DAMCO REQUST FOR APPROVAL OF SETTLEMENT AGREEMENT
            C4:  REQUEST FOR APPROVAL OF SETTLEMENT AGREEMENT
            C5:
            C6:
            C7:
            C8:
Nov 08 1999
Motion Prior to Conversion
            Filed by:  ASHBURN AND MASON
            C1:  ORDER BY SHORTELL
            C2:  NO REPLY FILED TO THE OPPOSITION
            C3:  RELY DUE
            C4:  OPP DUE 11/21/99
            C5:  MOTION TO FILE SUR-REPLY TO NVE REPLY TO SUPPLEMENT
            C6:
            C7:
            C8:
May 19 2000
Loc:3AN Judge:BCS Reason:RA Atty:0400002 New Judge:SEJ Mod Date:05/01/2002
Jan 02 2002
Loc:3AN Judge:SEJ Reason:RA Atty:0400002 New Judge:MBC Mod Date:05/01/2002
May 01 2002
Order Upon Conclusion of Appeal
            Filed by:  CMPV
            C1:  DATE SET FOR CONFERENCE JUNE 7 2002
            C2:  ORDER UPON CONCLUSION OF APPEAL
            C3:  DECISION AFFIRMED.
            C4:
            C5:
            C6:
            C7:
            C8:
Jun 07 2002
Text: VACATED NO FURTHER ACTION NEEDED FROM COURT At: 3AN Reset:  By:  Case Title: NATIVE VILLAGE OF EK In Custody: U Est Time:  Time: P0330 Judge: MBC Court/Room: 404 Dist/Sup: N Judge Disq:  Notice Code:  D: 06/05/2002
Oct 19 2003
** CONVERTED PAYMENT HISTORY AS OF 10/19/03
            -------------------------------------------------------
            Receipt Date : 08/20/99	Receipt Number : 421026	Amount : $50        
            Party from : METRO COURT, REPORTING,
            
            	Tender : CK        
            	Tender : 3AN
            	Orig. Court : 3AN
            	Acct1 : 404
            	Total : 50
            	Comments : TAPE DUPLICATION           
            	33date : 08201999
            	34time : 1605
            	35posted : P
            Receipt Date : 01/05/98	Receipt Number : 341004	Amount : $48        
            Party from : DELISIO MORAN, GERAGHTY,
            
            	Tender : CK        
            	Tender : 3AN
            	Orig. Court : 3AN
            	Acct1 : 404
            	Total : 48
            	Comments : COPIES                     
            	33date : 01051998
            	34time : 1110
            	35posted : P
            Receipt Date : 10/26/98	Receipt Number : 386660	Amount : $10        
            Party from : BIRCH HORTON, BITTNER,
            
            	Tender : CK        
            	Tender : 3AN
            	Orig. Court : 3AN
            	Acct1 : 404
            	Total : 10
            	Comments : 1 TAPE                     
            	33date : 10261998
            	34time : 1625
            	35posted : P
            Receipt Date : 10/30/98	Receipt Number : 387597	Amount : $10        
            Party from : HEDLAND,BRENNAN, HEIDEMAN,
            
            	Tender : CK        
            	Tender : 3AN
            	Orig. Court : 3AN
            	Acct1 : 404
            	Total : 10
            	Comments : TAPE                       
            	33date : 10301998
            	34time : 1616
            	35posted : P
            Receipt Date : 04/24/97	Receipt Number : 303581	Amount : $100       
            Party from : HEDLAND BRENNAN, HEIDEMAN,
            
            	Tender : CK        
            	Tender : 3AN
            	Orig. Court : 3AN
            	Acct1 : 405
            	Total : 100
            	Comments : V DAMCO PAVING CORP 042497 
            	33date : 04241997
            	34time : 1622
            	35posted : P