Dahlberg v. Lutheran Social Services
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| 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
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| Counsel: |
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| Term: |
11/2000 Argument: 11/09/2000 10:45am
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| ND cite: |
2001 ND 73
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| NW cite: |
625 N.W.2d 241
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| 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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| 1 | | 05/22/2000 | |
NOTICE OF APPEAL: 05/19/2000 |
| 2 | | 05/22/2000 | |
ORDER FOR TRANSCRIPT: 05/19/2000 |
| 3 | | 06/13/2000 | |
RETENTION OF RECORD ON APPEAL (Vicky Matthys): 08/01/2000 |
| 4 | | 07/06/2000 | |
MOT. EXT/TIME TRANSCRIPT (Vicky Matthys) |
| 5 | | 07/06/2000 | |
ACTION BY TRIAL COURT (Judge Erickson). Granted: 08/01/2000 |
| 6 | | 07/28/2000 | |
TRANSCRIPT DATED December 29, 1999 |
| 7 | | 07/31/2000 | |
DISK - TRA |
| 8 | | 07/31/2000 | |
RECORD ON APPEAL & separates (17/Brief; 27, 28, 32, 33, 34/depos) Not rec'd - 31 (tape) |
| 9 | | 09/01/2000 | |
APPELLANT BRIEF |
| 10 | | 09/01/2000 | |
APPELLANT APPENDIX |
| 11 | | 09/01/2000 | |
Addendum to Appellant's Brief |
| 12 | | 09/05/2000 | |
DISK - atb |
| 13 | | 09/11/2000 | |
Copy of Judgment dated 4-14-00 for ATA |
| 14 | | 09/11/2000 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 15 | | 09/29/2000 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 16 | | 09/29/2000 | |
ACTION BY CLERK (W/understanding scheduled for OA in November 2000). Granted: 10/16/2000 |
| 17 | | 10/16/2000 | |
APPELLEE BRIEF |
| 18 | | 10/16/2000 | |
DISK - AEB: McLees, William W. |
| 19 | | 10/25/2000 | |
SITTING WITH THE COURT: mclees |
| 20 | | 10/30/2000 | |
REPLY BRIEF of Appellant |
| 21 | | 10/31/2000 | |
DISK - ryb |
| 22 | | 11/03/2000 | |
Addl copy of Reply Brief of Appellant |
| 23 | | 11/09/2000 | |
APPEARANCES: Timothy P. Hill; Benjamin E. Thomas |
| 24 | | 11/09/2000 | |
ARGUED: Hill; Thomas (Vol. X; page 81) |
| 25 | | 04/17/2001 | |
DISPOSITION: AFFIRMED |
| 26 | | 04/17/2001 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 27 | | 04/17/2001 | |
Costs on appeal taxed in favor of appellee |
| 28 | | 05/08/2001 | |
Mot. Ext/Time Petition for Rehearing |
| 29 | | 05/08/2001 | |
ACTION BY CHIEF JUSTICE (MPR). Granted: 05/16/2001 |
| 30 | | 06/07/2001 | |
MANDATE |
| 31 | | 06/15/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 05/31/2007 | |
EXPUNGED - Nonpermanent record items destroyed |