Ritter, Laber & Assoc. v. Koch Oil

20000224 Ritter, Laber and Associates,
Inc., Elizabeth Cantarine,
Personal Representative of
the Estate of Eugene A. Burdick,
and Russell L. Kiker, Plaintiffs and Appellees
v.
Koch Oil, Inc., a division
of Koch Industries, Inc.,
and Charles Meduna, Defendants and Appellants

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Maurice R. Hunke
Nature of Action: Oil, Gas and Minerals
Counsel:
Appellant: Fleck, Mather & Strutz
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Appellee: Serkland Law Firm
Appellee: Marvin L. Kaiser
Appellee: Lawyer not licensed in N.D.
Appellee: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Term: 12/2000   Argument: 12/04/2000  1:30pm
ND cite: 2001 ND 56
NW cite: 623 N.W.2d 424


Issues: Appellant's Statement of the Issues:
1. Whether the district court erred in certifying this case as a class action based on its determination that Rule 23(c)(1)(A) is satisfied.
2. Whether the district court erred in certifying this case as a class action based on its determination that Rule 23(c)(1)(C) is satisfied.
3. Whether the provisions of Rule 23(h)(1)(B) are unconstitutional as applied to this case because the district court's certification of this action seeking money damages without allowing class members an opportunity to "opt-out" violates Appellants' and class members' rights to due process under the United States Constitution.

Appellee's Statement of the Issues:
1. Whether the district court abused its discretion in recertifying this matter as a class action pursuant to N.D.R.Civ.P 23.
2. Whether the district court abused its discretion in analyzing the joint or common interest factor under N.D.R.Civ.P. 23(c)(1)(A).
3. Whether the district court abused its discretion by adhering to the Supreme Court's decision in Ritter I as to Koch's due process argument.

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Docket entries:
108/03/2000 NOTICE OF APPEAL: 08/02/2000
208/03/2000 TRANSCRIPT DATED June 20, 2000 (Original is filed with the trial court as part of the record)
308/03/2000 DISK - TRA (6-20-00)
408/14/2000 MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFFIDAVIT OF GARY J. GORDON
508/14/2000 ACTION BY CLERK (In-State counsel must be present & move for limited admission). Granted
608/30/2000 MOT. EXT/TIME APPELLANT BRIEF
708/30/2000 ACTION BY CLERK. Granted: 09/22/2000
808/31/2000 Affidavit of James M. Armstrong w/copy of trial court's Order Granting Motion for Admission of Mr.
908/31/2000 James M. Armstrong Pro Hac Vice
1008/31/2000 Affidavit of J. Kory Parkhurst w/copy of trial court's Order Granting Motion for Admission
1108/31/2000 Pro Hac Vice of David H. Luce & J. Kory Parkhurst
1209/05/2000 RECORD ON APPEAL (7 vols.), Exhibits, transcripts dated 11-4-96, 3-11-99, & 6-20-00, & Video Tape)
1309/22/2000 APPELLANT BRIEF
1409/22/2000 APPELLANT APPENDIX
1509/22/2000 DISK - ATB
1610/20/2000 APPELLEE BRIEF
1710/20/2000 APPELLEE APPENDIX
1810/23/2000 DISK - AEB
1910/25/2000 SUPPLEMENTAL CLERK'S CERTIFICATE DATED OCTOBER 24, 2000 (ENTRIES 194 & 195)
2011/06/2000 REPLY BRIEF of Appellants
2111/06/2000 DISK - RYB
2211/09/2000 Copies of corrected Table of Authorities and pages for Reply Brief
2311/09/2000 DISK - Corrected RYB
2411/28/2000 MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFF. OF RONALD K. MEYER
2511/28/2000 MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFF. OF BRAD D. BRIAN
2611/29/2000 MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFFIDAVIT OF JAMES L. FETTERLY
2711/29/2000 ACTION BY CLERK (Mot/Permission to Appear as Counsel -- Fetterly). Granted
2812/04/2000 ACTION BY CLERK (Mot/Per/Appear -- Ronald K. Meyer). Granted
2912/04/2000 ACTION BY CLERK (Mot/Permission/Brad Brian). Granted
3012/04/2000 APPEARANCES:Brad D.Brian, John W. Morrison, James M. Armstrong, J. Kory Parkhurst, Shane A. Hanson,
3112/04/2000 Ronald K. Meyer; Ronald H. McLean, Marvin L. Kaiser, Gary J. Gordon
3212/04/2000 ARGUED: Brian; McLean (Vol. X; page 90)
3312/04/2000 ORAL ARGUMENT WEBCAST
3412/18/2000 Letter dtd 12-25-00 re new address for Gary J. Gordon as of 1-1-01
3503/19/2001 MOTION FOR Substitution of Elizabeth Cantarine, Personal Rep. of the Burdick Estate - Fax copy
3603/20/2001 ACTION BY CLERK. Granted
3703/20/2001 Original Substitution of Personal Representative (Same as faxed copy filed 3-19-01)
3803/20/2001 DISPOSITION: AFFIRMED
3903/20/2001 UNANIMOUS OPINION: Neumann, William A.
4003/20/2001 Costs on appeal taxed in favor of appellee
4103/21/2001 Order/Judgment Mailed to Parties
4204/12/2001 MANDATE
4305/02/2001 Corrected/Substitute Opinion Page 8 & 9
4406/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4506/25/2007 EXPUNGED - Nonpermanent record items destroyed

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