Dimond v. State Board of Higher Education
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| 20010154 |
Mark Dimond, Plaintiff and Appellant
v.
State of North Dakota, by and
through the State Board of
Higher Education, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Everett Nels Olson |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
11/2001 Argument: 11/27/2001 09:30am
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| ND cite: |
2001 ND 208
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| NW cite: |
637 N.W.2d 692
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1) The district court erred in granting the State's Motion for Summary Judgment since there is a
material genuine issue of fact. In addition, the district court erred in concluding that the material facts
were undisputed and in establishing that Dr. Dimond was terminated for proper cause.
2) The district court erred in not allowing the
amendment of the original Complaint.
3) The district court erred in concluding that the action
is barred by the statute of limitations.
Appellee's Statement of the Issues:
I. Is Dimond's Claim Barred by the Three-Year Statute of Limitations in N.D.C.C. 28-01-22.1.
II. Was the Board Entitled to Summary Judgment.
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| 1 | | 06/14/2001 | |
NOTICE OF APPEAL: 06/12/2001 |
| 2 | | 06/14/2001 | |
ORDER FOR TRANSCRIPT (Renee Hermanson): 06/12/2001 |
| 3 | | 06/14/2001 | |
CONSOLIDATED W/20010155. MAKE ALL ENTRIES, EXCEPT DIS IN THIS CASE |
| 4 | | 06/14/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 5 | | 06/20/2001 | |
RETENTION OF RECORD ON APPEAL: 08/01/2001 |
| 6 | | 06/20/2001 | |
Request for advance payment of transcript costs |
| 7 | | 07/16/2001 | |
TRANSCRIPT DATED February 5, 2001 |
| 8 | | 07/17/2001 | |
DISK - TRA Feb 5, 2001 |
| 9 | | 07/17/2001 | |
RECORD ON APPEAL W/ TRANSCRIPTS DATED September 15, 1995, August 15, 1996, August 16, 1996 February |
| 10 | | 07/17/2001 | |
25-26, 1995. The entry for the Record in Consolidated Trial Ct. #01316 is in 20010155. |
| 11 | | 08/24/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 08/24/2001 | |
ACTION BY CLERK. Granted: 09/17/2001 |
| 13 | | 09/17/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed copy) |
| 14 | | 09/17/2001 | |
ACTION BY CLERK. Granted: 09/24/2001 |
| 15 | | 09/18/2001 | |
Motion for Ext/ATB (Same as faxed copy filed 9-17-01) |
| 16 | | 09/24/2001 | |
APPELLANT BRIEF |
| 17 | | 09/24/2001 | |
APPELLANT APPENDIX |
| 18 | | 10/08/2001 | |
DISK - ATB (converted from macintosh) |
| 19 | | 10/10/2001 | |
Certificate of Service - ATB (inserted into orig. ATB) |
| 20 | | 10/25/2001 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 21 | | 10/25/2001 | |
ACTION BY CLERK. Granted: 11/01/2001 |
| 22 | | 10/26/2001 | |
SITTING WITH THE COURT: Hodny, William F. |
| 23 | | 11/01/2001 | |
APPELLEE BRIEF |
| 24 | | 11/01/2001 | |
APPELLEE APPENDIX |
| 25 | | 11/01/2001 | |
DISK - AEB |
| 26 | | 11/27/2001 | |
APPEARANCES: Lynn M. Boughey, Mark Dimond; Monte L. Rognegy |
| 27 | | 11/27/2001 | |
ARGUED: Boughey; Rogneby (Vol. X; Page 180) |
| 28 | | 11/27/2001 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 12/24/2001 | |
DISPOSITION: AFFIRMED |
| 30 | | 12/24/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 31 | | 12/24/2001 | |
Costs on appeal taxed in favor of AE State Bd. of Higher Education under Rule 39, N.D.R.App.P. |
| 32 | | 12/24/2001 | |
Order/Judgment Mailed to Parties |
| 33 | | 01/03/2002 | |
PETITION FOR REHEARING |
| 34 | | 01/04/2002 | |
DISK - per |
| 35 | | 01/18/2002 | |
ACTION BY SUPREME COURT. denied |
| 36 | | 01/30/2002 | |
MANDATE |
| 37 | | 02/01/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 09/06/2007 | |
EXPUNGED - Nonpermanent record items destroyed |