2018.05.21 CC packet - Laserfiche WebLink

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Date of entry of judgment or date of service of notice of filing of order from which appeal is taken: The Minnesota Department of Natural Resources and its Commissioner (collectively "DNR"), appeal the district court's October 4, 2017 judgment and all related decisions, including the court's September 11, 2013 order denying the DNR's motion to dismiss; August 29, 2014 order denying the DNR's motion for summary judgment; August 30, 2017 findings of fact, conclusions of law, and order; and March 29, 2018 order denying the DNR's post -trial motions to amend the court's judgment and enter a stay of the judgment pending appeal. Authority fixing time limit for filing notice of appeal (specify applicable rule or statute): Minn. R. Civ. App. P. 104.01, subds. 1-2, which provides 60 days from service by a party of the order disposing of the last post -decision motion. Date of filing any motion that tolls appeal time: Pursuant to Minn. R. Civ. App. P. 104.01, subd. 2, the DNR filed a timely post - trial motion to amend findings and to grant a new trial on October 5, 2017, which tolled the time to appeal until resolution of the motions through the district court's March 29, 2018 order. Date of filing of order deciding tolling motion and date of service of notice of filing: On March 29, 2018, the district court filed an order denying the DNR's post -trial motions. On March 30, 2018, plaintiffs' counsel served a notice of filing of that order on the DNR. (B) Certiorari appeal. Not applicable. (C) Other appellate proceedings. Not applicable. (D) Finality of order or judgment. Does the judgment or order to be reviewed dispose of all claims by and against all parties? Yes (X ) No () Note: The Court entered an order denying attorneys' fees in a separate order dated April 23, 2018, which the DNR is not appealing. 2