In the United States District Court for the District of North Dakota
Case 1:16-cv-00304-DLH-CSM Document 26 Filed 09/13/16 Page 1 of 30 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Paradigm Energy Partners, LLC, ) ) Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S vs. ) MOTION FOR PRELIMINARY ) INJUNCTION Mark Fox, in his official capacity as ) Chairman of the Tribal Business Council ) of the Mandan, Hidatsa & Arikara Nation, ) Case No.: 1:16-cv-304 Chief Nelson Heart, in his official capacity ) as Chief of Police for the Mandan, Hidatsa ) & Arikara Nation, ) ) Defendants. ) I. BACKGROUND On August 19, 2016, the Plaintiff’s filed an “Emergency Motion for Temporary Restraining Order.” See Docket No. 4. The Plaintiff sought a temporary restraining order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, specifically requesting an order prohibiting the Defendants from interfering with the Plaintiff’s construction of two pipelines in McKenzie and Mountrail Counties, North Dakota. On August 22, 2016, the Defendants filed a motion to dismiss for lack of jurisdiction. See Docket No. 8. The Plaintiff filed a response in opposition to the Defendant’s motion on August 23, 2016. See Docket No. 9. On August 23, 2016, the Court issued an order granting the temporary restraining order. On August 30, 2016, the Defendants filed a motion to dissolve the temporary restraining order. See Docket No. 19. On August 31, 2016, the Plaintiff filed a response to the Defendant’s motion. See Docket No. 21. Thereafter, on September 1, 2016, a hearing was held in Bismarck, North Dakota, on the Plaintiff’s request for a preliminary 1 Case 1:16-cv-00304-DLH-CSM Document 26 Filed 09/13/16 Page 2 of 30 injunction.
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