Jacob v. Nodak Mutual Ins. Co.
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| 20040197 |
Steve Jacob and Donald
Huck, Plaintiffs and Appellants
v.
Nodak Mutual Insurance
Company, Jon Livers, CEO,
Keith Kinzler, President of
the Board, and all other
members of the Board, individually,
and as CEO and members of the Board
of Directors for Nodak Mutual
Insurance Company, Defendants and Appellees
and
Farm Bureau Life Insurance Company, Defendant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Burt L. Riskedahl |
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Nature of Action: |
Employer/Employee Dispute
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| Counsel: |
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| Term: |
12/2004 Argument: 12/07/2004 10:45am
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| ND cite: |
2005 ND 56
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| NW cite: |
693 N.W.2d 604
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Was summary judgment appropriate?
2. Did the court err in denying appellants' motions?
3. Did the court err in denying the post-judgment motions?
Appellee's Statement of the Issues:
A. Was Summary Judgment Properly Granted Dismissing Appellants' Breach of Contract and Promissory Estoppel Claims?
B. Was Summary Judgment Properly Granted Dismissing Appellants' Age Discrimination and Retaliatory Discharge Claims?
C. Was Summary Judgment Properly Granted Dismissing Appellants' Tort Claims of Conversion and Intentional Infliction of Emotional Distress?
D. Was Summary Judgment Properly Granted Dismissing Appellants' Claim of Constitutional Violations related to Free Speech?
E. Was Summary Judgment Properly Granted Dismissing Appellants' OWBPA and COBRA Claims?
F. Was Appellants' Defamation Claim Properly Dismissed?
G. Were Appellants' Motions Properly Denied?
Jon Livers' Statement of Issues:
I. Did the Trial Court err as a matter of law in dismissing the plaintiffs' claims against Jon Livers and granting his motion for summary judgment?
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| 1 | | 07/19/2004 | |
NOTICE OF APPEAL: 07/16/2004 |
| 2 | | 07/19/2004 | |
ORDER FOR TRANSCRIPT (part of NOA): 07/16/2004 |
| 3 | | 07/19/2004 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 07/20/2004 | |
Acknowledgement of order for transcript |
| 5 | | 07/20/2004 | |
RETENTION OF RECORD ON APPEAL: 09/06/2004 |
| 6 | | 07/30/2004 | |
Transcript Preparation Suspended per Court Reporter (Sharon Fox) |
| 7 | | 08/02/2004 | |
Payment for TRA received by Court Reporter, prep. of Transcript resumed. |
| 8 | | 08/11/2004 | |
TRANSCRIPT DATED March 18, 2003 & two copies of TRANSCRIPT DATED January 14, 2004 |
| 9 | | 08/11/2004 | |
DISK - TRA (2 disks) (3-18-03 & 1-14-04) |
| 10 | | 08/12/2004 | |
RECORD ON APPEAL (3 vols), Exhibits, & orig. Trans. dated 1-14-04 (NOT RECD:43 & 92--Ct Rptr Notes) |
| 11 | | 09/20/2004 | |
APPELLANT BRIEF (e-filed) |
| 12 | | 09/20/2004 | |
E-FILED BRIEF (ATB) |
| 13 | | 09/20/2004 | |
APPELLANT APPENDIX |
| 14 | | 09/20/2004 | |
Payment of $25 fee for filing electronic ATB (Receipt #15802) |
| 15 | | 09/24/2004 | |
Copies of ATB from Central Duplicating |
| 16 | | 10/19/2004 | |
APPELLEE BRIEF (Nodak Mutual Ins. Co., Keith Kinzler, & all other members of the Board, |
| 17 | | 10/19/2004 | |
individually, and Members of the Board of Directors for Nodak Mutual Ins. Co.) |
| 18 | | 10/19/2004 | |
(Attachment to AEB of Nodak Mutual Ins. Co., et al.) |
| 19 | | 10/19/2004 | |
APPELLEE APPENDIX (Nodak Mutual Ins. Co., et al.) |
| 20 | | 10/20/2004 | |
DISK (AEB) (Nodak Mutual Ins. Co., et al.) |
| 21 | | 10/20/2004 | |
APPELLEE BRIEF (Jon Livers, CEO) |
| 22 | | 10/20/2004 | |
DISK (AEB) (Jon Livers, CEO) |
| 23 | | 11/24/2004 | |
SITTING WITH THE COURT: Hodny, William F. |
| 24 | | 11/26/2004 | |
Request for Radio/TV Coverage - ND Public Radio (email dated 11-26-04 from Jack McDonald) APPROVED |
| 25 | | 12/01/2004 | |
Request for Radio/TV Coverage (AP) email dated 12-01-04 from Dale Wetzel (APPROVED) |
| 26 | | 12/07/2004 | |
APPEARANCES: Deborah J. Carpenter; Sarah Andrews Herman and Lynn Block for Nodak Mutual Ins. Co., |
| 27 | | 12/07/2004 | |
Keith Kinzler, Members of the Board of Directors; Rebecca S. Thiem for Jon Livers |
| 28 | | 12/07/2004 | |
ARGUED: Carpenter; Herman; Thiem (Vol. Z; Page 63) |
| 29 | | 12/07/2004 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 03/08/2005 | |
DISPOSITION: AFFIRMED |
| 31 | | 03/08/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 32 | | 03/08/2005 | |
Costs on Appeal taxed in favor of appellee |
| 33 | | 03/10/2005 | |
Judgment Mailed to Parties |
| 34 | | 04/06/2005 | |
MANDATE |
| 35 | | 04/11/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 36 | | 09/30/2011 | |
EXPUNGED - Nonpermanent record items destroyed |