ND Human Rights Coalition v. Bertsch

20040297 North Dakota Human Rights Coalition,
a North Dakota non-profit corporation;
Richard Folstrom, Christopher Beeter,
Shelly Ann Peterson, Jerry Zillier,
Dave Shove, Charles Stebbins, and
Patricia Villanueva (legal guardian
for Lisa Villanueva); individually,
and on behalf of all others similarly
situated, Plaintiffs and Appellees
Leann K. Bertsch, Commissioner,
North Dakota Department of Labor, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Writ of Mandamus (Civil)
Appellant: Douglas Alan Bahr , Att. General Office
Appellee: Schneider & Schneider
Term: 02/2005   Argument: 02/08/2005
ND cite: 2005 ND 98
NW cite: 697 N.W.2d 1

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court abused its discretion when it certified a class without identifying what claims or issues relate to the certified class, failed to identify what relief is sought by the certified class, and did not state the reasons for the court's ruling or make specific findings regarding the factors listed under N.D.R.Civ.P. 23(c)(1).
II. Whether the district court abused its discretion by certifying a class that was not defined to only include class members with standing and was not defined based upon alleged improper action by the defendant.
III. Whether the district court abused its discretion by finding common questions of law and fact predominate when the district court did not state the reasons for its finding.
IV. Whether the district court abused its discretion by holding the class action should be permitted for the fair and efficient adjudication of the controversy when the district court did not address any of the factors or provide any explanation for its decision.
V. Whether the district court abused its discretion by certifying a class action when the relief requested, if granted, will be identical regardless of whether or not a class action is maintained.

Appellee's Statement of the Issues:
Whether the trial court abused its broad discretion in certifying ". . . that Plaintiff Shove, Stebbins and Villanueva can represent a class of individuals who have filed charges of discrimination but have not yet received a probable cause determination." "Findings of Fact, Conclusions of Law and Order" at App. 149.

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Docket entries:
110/26/2004 NOTICE OF APPEAL: 10/25/2004
411/30/2004 DISK - ATB (e-mailed)
511/30/2004 RECORD ON APPEAL not sent with the record were No. 21 (tape) and No. 35 (Steno Notes)
612/29/2004 APPELLEE BRIEF
712/29/2004 Addendum to Brief - Attachments 1,2 & 3
801/03/2005 Corrected pages vi & 35 for AEB
901/03/2005 DISK - aeb
1001/19/2005 REPLY BRIEF (corrected)
1101/19/2005 DISK - RYB (e-mailed)
1201/20/2005 Request for Radio/TV Coverage (AP) e-mailed dated 1-20-05 from Dale Wetzel (AUTHORIZED)
1302/04/2005 Letter dated 2-04-05 from Mark G. Schneider re corrections to Table of Authorities to AEB (faxed)
1402/08/2005 APPEARANCES: Douglas A. Bahr, Leann K. Bertsch; Mark G. Schneider, Cheryl Bergian
1502/08/2005 ARGUED: Bahr; Schneider (Vol. Z; Page 81)
1805/17/2005 UNANIMOUS OPINION: Sandstrom, Dale V.
1905/17/2005 Costs on appeal taxed in favor of Appellant
2005/19/2005 Judgment Mailed to Parties
2106/10/2005 MANDATE
2311/29/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 06/25/2018