Dahlberg v. Lutheran Social Services
Joyce Dahlberg, Plaintiff and Appellant
Lutheran Social Services
of North Dakota, and
Mary J. Weiler, Defendants and Appellees
East Central Judicial District,
Judge Ralph Robert Erickson
|Nature of Action:||Employer/Employee Dispute|
|Term:||11/2000  Argument: 11/09/2000|
|ND cite:||2001 ND 73|
625 N.W.2d 241
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|
|31||06/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|32||05/31/2007 EXPUNGED - Nonpermanent record items destroyed|