Dahlberg v. Lutheran Social Services

20000152 Joyce Dahlberg, Plaintiff and Appellant
v.
Lutheran Social Services
of North Dakota, and
Mary J. Weiler, Defendants and Appellees

Appeal from: District Court, East Central Judicial District, Cass County
Judge Ralph Robert Erickson
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Hill Law Office, PLLC
Appellee: Wold Johnson, P.C.
Term: 11/2000   Argument: 11/09/2000  10:45am
ND cite: 2001 ND 73
NW cite: 625 N.W.2d 241


Issues: Appellant's Statement of the Issues:
Did the trial court err in finding that Joyce Dahlberg was not deprived of her entitled due process under an enforceable progressive discipline plan?
Did the trial court err in finding that Joyce Dahlberg did not show sufficient grounds to establish a prima facie case for retaliation?
Did the trial court err in finding that a rational fact finder could not conclude that the stated reason for Joyce Dahlberg's termination was pretextual?
Did the trial court err in finding that a rational fact finder could not conclude that LSS's conduct was outrageous, warranting a claim for emotional distress?

Appellee's Statement of the Issues:
I. Joyce Dahlberg was not deprived of due process rights or contractual rights related to the progressive discipline policy of LSS.
II. Joyce Dahlberg has not established a prima facie case for retaliation.
III. The trial court properly concluded that there is no basis for a rational fact finder to conclude that Dahlberg's termination was outrageous.

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Docket entries:
105/22/2000 NOTICE OF APPEAL: 05/19/2000
205/22/2000 ORDER FOR TRANSCRIPT: 05/19/2000
306/13/2000 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 08/01/2000
407/06/2000 MOT. EXT/TIME TRANSCRIPT (Vicky Matthys)
507/06/2000 ACTION BY TRIAL COURT (Judge Erickson). Granted: 08/01/2000
607/28/2000 TRANSCRIPT DATED December 29, 1999
707/31/2000 DISK - TRA
807/31/2000 RECORD ON APPEAL & separates (17/Brief; 27, 28, 32, 33, 34/depos) Not rec'd - 31 (tape)
909/01/2000 APPELLANT BRIEF
1009/01/2000 APPELLANT APPENDIX
1109/01/2000 Addendum to Appellant's Brief
1209/05/2000 DISK - atb
1309/11/2000 Copy of Judgment dated 4-14-00 for ATA
1409/11/2000 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1509/29/2000 MOT. EXT/TIME APPELLEE BRIEF
1609/29/2000 ACTION BY CLERK (W/understanding scheduled for OA in November 2000). Granted: 10/16/2000
1710/16/2000 APPELLEE BRIEF
1810/16/2000 DISK - AEB: McLees, William W.
1910/25/2000 SITTING WITH THE COURT: mclees
2010/30/2000 REPLY BRIEF of Appellant
2110/31/2000 DISK - ryb
2211/03/2000 Addl copy of Reply Brief of Appellant
2311/09/2000 APPEARANCES: Timothy P. Hill; Benjamin E. Thomas
2411/09/2000 ARGUED: Hill; Thomas (Vol. X; page 81)
2504/17/2001 DISPOSITION: AFFIRMED
2604/17/2001 UNANIMOUS OPINION: Maring, Mary Muehlen
2704/17/2001 Costs on appeal taxed in favor of appellee
2805/08/2001 Mot. Ext/Time Petition for Rehearing
2905/08/2001 ACTION BY CHIEF JUSTICE (MPR). Granted: 05/16/2001
3006/07/2001 MANDATE
3106/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3205/31/2007 EXPUNGED - Nonpermanent record items destroyed

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