Henry v. Securities Commissioner
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| 20020155 |
Brian Henry, Petitioner and Appellant
v.
Securities Commissioner for
the State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
01/2003 Argument: 01/23/2003 01:30pm
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| ND cite: |
2003 ND 62
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| NW cite: |
659 N.W.2d 869
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Did the administrative law judge err in denying Appellants' motion to dismiss the cease and desist order based upon the commissioner's violation of NDCC 10-04-12(2)?
Appellee's Statement of the Issues:
1. Whether the Commissioner's failure to immediately hold a hearing in the matter of several Cease and Desist Orders should result in a dismissal of the administrative actions, or what relief is appropriate with regard to a technical failure to hold
the hearing within the specified timeframe.
2. Whether the Order issued by the Commissioner denying Respondents' motion to dismiss is a final order, which is ripe for appeal under North Dakota law.
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| 1 | | 06/17/2002 | |
NOTICE OF APPEAL: 06/14/2002 |
| 2 | | 06/17/2002 | |
THIS CASE IS CONSOLIDATED WITH #20020156 AND 20020157 MAKE ALL ENTRIES EXCEPT DIS IN THIS CASE |
| 3 | | 07/15/2002 | |
RECORD ON APPEAL & Certificate of Record of Securities Commission |
| 4 | | 07/15/2002 | |
Records on Appeal for 20020156 & 20020157 are entered as ROA codes in those cases |
| 5 | | 07/24/2002 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 07/24/2002 | |
ACTION BY CLERK (MAT). Granted: 08/23/2002 |
| 7 | | 08/23/2002 | |
Appellant Brief |
| 8 | | 08/23/2002 | |
APPELLANT APPENDIX |
| 9 | | 08/23/2002 | |
DISK - ATB (e-mailed) |
| 10 | | 08/26/2002 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 11 | | 09/24/2002 | |
SUPPLEMENTAL BRIEF OF APPELLANTS |
| 12 | | 09/25/2002 | |
DISK - SUPPLEMENTAL BRIEF OF APPELLANTS (e-mailed) |
| 13 | | 10/17/2002 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 10/17/2002 | |
ACTION BY CLERK. Granted: 11/23/2002 |
| 15 | | 11/22/2002 | |
APPELLEE BRIEF |
| 16 | | 12/02/2002 | |
Corrected TOA & pages 8,9,10, & 11 for AEB |
| 17 | | 12/02/2002 | |
DISK - aeb |
| 18 | | 12/20/2002 | |
SITTING WITH THE COURT: Erickson, Ralph Robert |
| 19 | | 01/23/2003 | |
APPEARANCES: Michael R. Hoffman; Matthew O. Bahrenburg |
| 20 | | 01/23/2003 | |
ARGUED: Hoffman; Bahrenburg (Vol. Y; Page 81) |
| 21 | | 01/23/2003 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 04/15/2003 | |
DISPOSITION (Vacated and Dismissed): DISMISSED |
| 23 | | 04/15/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 24 | | 04/15/2003 | |
Costs on appeal taxed in favor of appellee under Rule 39, N.D.R.App.P. |
| 25 | | 04/16/2003 | |
Judgment Mailed to Parties |
| 26 | | 05/12/2003 | |
MANDATE |
| 27 | | 05/14/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 07/31/2008 | |
EXPUNGED - Nonpermanent record items destroyed |