Glasow v. E.I. Dupont De Nemours and Company
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| 20040321 |
Bruce Glasow, on behalf of himself
and all others similarly situated, Plaintiff and Appellant
v.
E.I. DuPont de Nemours and Company;
Pioneer Hi-Bred International; and
Monsanto Company, Defendants and Appellees
--------------------
Robert Finken, Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
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Nature of Action: |
Contracts
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| Counsel: |
| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
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| Appellee: | |
Zuger Kirmis & Smith
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| Appellee: | |
Lawyer not licensed in N.D.
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| Appellee: | |
Lawyer not licensed in N.D.
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| Appellee: | |
Lawyer not licensed in N.D.
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| Appellee: | |
Nilles, Plambeck, Selbo & Harrie, Ltd.
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| Appellee: | |
Lawyer not licensed in N.D.
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| Appellee: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Lawyer not licensed in N.D.
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| Appellant: | |
Sarah M. Vogel
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|
| Term: |
03/2005 Argument: 03/29/2005 01:30pm
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| ND cite: |
2005 ND 94
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| NW cite: |
696 N.W.2d 531
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the District Court erred in denying Plaintiff's motion to withdraw as a named plaintiff from the case based on the conclusion that his mere intent to withdraw terminated the action.
2. Whether, in light of the manifest error of its legal conclusion that the case had been terminated, the District Court abused its discretion in denying proposed intervenor Finken's motion for intervention and to amend the caption.
Appellee's Statement of the Issues:
This appeal presents two threshold issues regarding Mr. Glasow's standing:
1. Whether a plaintiff who requested an order "permitting [him] to withdraw, without prejudice, as a party plaintiff" has standing to appeal a judgment dismissing his claims without prejudice.
2. Whether a plaintiff who has withdrawn from a case has standing to appeal a district court's denial of a third party's motion to intervene, which the plaintiff did not join.
If the Court finds that Mr. Glasow has standing, this appeal presents two additional questions:
1.Whether a district court abuses its discretion in treating a motion to "withdraw" from a lawsuit by the only plaintiff as a notice of voluntary dismissal.
2. Whether a district court abuses its discretion in denying permissive intervention on the grounds that the plaintiff's withdrawal left no case in which to intervene, or alternatively, that the intervenor could not have any "common question of law
or fact" with a plaintiff who had abandoned all his claims.
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| 1 | | 11/16/2004 | |
NOTICE OF APPEAL: 11/15/2004 |
| 2 | | 11/16/2004 | |
Certificate of No Transcript |
| 3 | | 12/03/2004 | |
AFFIDAVIT OF JAMES DENVIR PURSUANT TO NDROC 11.1(e) |
| 4 | | 12/03/2004 | |
ACTION BY CLERK (James Denvir authorized to appear). Granted |
| 5 | | 12/03/2004 | |
AFFIDAVIT OF SCOTT GANT PURSUANT TO NDROC 11.1(e) |
| 6 | | 12/03/2004 | |
ACTION BY CLERK (Scott Gant authorized to appear). Granted |
| 7 | | 12/23/2004 | |
RECORD ON APPEAL |
| 8 | | 12/27/2004 | |
APPELLANT BRIEF |
| 9 | | 12/27/2004 | |
APPELLANT APPENDIX |
| 10 | | 12/27/2004 | |
MOTION FOR PERMISSION FOR STEPHEN A. WEISS TO APPEAR & AFFIDAVIT IN SUPPORT |
| 11 | | 12/27/2004 | |
ACTION BY CLERK (STEPHEN A. WEISS TO APPEAR). Granted |
| 12 | | 12/27/2004 | |
MOTION FOR PERMISSION FOR JAMES A. O'BRIEN III TO APPEAR & AFFIDAVIT IN SUPPORT |
| 13 | | 12/27/2004 | |
ACTION BY CLERK (JAMES A. O'BRIEN III TO APPEAR). Granted |
| 14 | | 12/27/2004 | |
MOTION FOR PERMISSION FOR DAVID A.P. BROWER TO APPEAR & AFFIDAVIT IN SUPPORT |
| 15 | | 12/27/2004 | |
ACTION BY CLERK (DAVID A.P. BROWER TO APPEAR). Granted |
| 16 | | 12/27/2004 | |
UPDATED AFFIDAVIT OF SCOTT J. FARRELL IN SUPPORT OF RULE 11.1 MOTION |
| 17 | | 12/27/2004 | |
ACTION BY CLERK (SCOTT J. FARRELL TO APPEAR). Granted |
| 18 | | 12/27/2004 | |
UPDATED AFFIDAVIT OF DANIEL W. KRASNER IN SUPPORT OF RULE 11.1 MOTION |
| 19 | | 12/27/2004 | |
ACTION BY CLERK (DANIEL W. KRASNER TO APPEAR). Granted |
| 20 | | 12/27/2004 | |
UPDATED AFFIDAVIT OF ADAM J. LEVITT IN SUPPORT OF RULE 11.1 MOTION |
| 21 | | 12/27/2004 | |
ACTION BY CLERK (ADAM J. LEVITT TO APPEAR). Granted |
| 22 | | 12/28/2004 | |
DISK - atb (e-mailed) |
| 23 | | 12/28/2004 | |
Plaintiff-Appellant's Motion to Stay Proceedings. RspDue: 01/10/2005 |
| 24 | | 01/05/2005 | |
Response in Opposition to Motion to Stay Proceedings |
| 25 | | 01/05/2005 | |
MOTION to Dismiss Mr. Finken's Appeal. RspDue: 01/18/2005 |
| 26 | | 01/10/2005 | |
JOINT MOTION OF ROBERT N. WEINER, JUDITH BERNSTEIN-GAETA, & ANTHONY J. RANZE REQUESTING PERMISSION |
| 27 | | 01/10/2005 | |
TO APPEAR under Rule 11.1(e), N.D.R.C. and Affidavits of Anthony J. Franze, Judith Bernstein-Gaeta, |
| 28 | | 01/10/2005 | |
& Robert N. Weiner in Support of the Joint Motion |
| 29 | | 01/10/2005 | |
ACTION BY CHIEF DEPUTY CLERK (Anthony J. Franze, Judith Bernstein-Gaeta, & Robert Weiner to appear). Granted |
| 30 | | 01/18/2005 | |
Mr. Finken's Response to Motion to Dimiss |
| 31 | | 01/18/2005 | |
Notice of Change of Address & phone number for Plaintiff's/Appellant's Counsel |
| 32 | | 01/20/2005 | |
ACTION BY SUPREME COURT (Mot/Stay). Denied |
| 33 | | 01/20/2005 | |
ACTION BY SUPREME COURT (Mot/Dismiss Mr. Finken's appeal). Denied |
| 34 | | 01/31/2005 | |
APPELLEE BRIEF |
| 35 | | 01/31/2005 | |
E-FILED BRIEF (AEB) |
| 36 | | 02/03/2005 | |
Copies made of e-filed AEB |
| 37 | | 02/03/2005 | |
Payment of $25 fee for filing electronic AEB (Receipt #160870) |
| 38 | | 02/14/2005 | |
REPLY BRIEF of Appellants |
| 39 | | 02/14/2005 | |
DISK - RYB |
| 40 | | 02/22/2005 | |
Notice of Change of Law Firm Address from Adam Levitt (faxed) |
| 41 | | 02/28/2005 | |
Notice of Change of Law Firm Address from Adam J. Levitt (same as faxed notice filed 2-22-05) |
| 42 | | 03/29/2005 | |
Letter from Stephen W. Plambeck dated 3-28-05 with attached cites from Westlaw |
| 43 | | 03/29/2005 | |
APPEARANCES: Adam Levitt and Sarah M. Vogel; Anthony J. Franze and Stephen W. Plambeck; |
| 44 | | 03/29/2005 | |
Scott E. Gant and Lawrence E. King |
| 45 | | 03/29/2005 | |
ARGUED: Levitt; Franze; Gant (Vol. Z; Page 99) |
| 46 | | 03/29/2005 | |
ORAL ARGUMENT WEBCAST |
| 47 | | 04/01/2005 | |
Letter from Adam Levitt dated 3-31-05 w/attached Memorandum Order issued by US Dist. Ct of Missouri |
| 48 | | 04/08/2005 | |
Letter from Mr. Farrell's office re: e-mail addresses for Mr. Krasner & Mr. Farrell |
| 49 | | 05/17/2005 | |
DISPOSITION: REVERSED AND REMANDED |
| 50 | | 05/17/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 51 | | 05/17/2005 | |
Costs on appeal taxed in favor of Appellants |
| 52 | | 05/19/2005 | |
Judgment Mailed to Parties |
| 53 | | 06/10/2005 | |
MANDATE |
| 54 | | 06/15/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 55 | | 12/29/2011 | |
EXPUNGED - Nonpermanent record items destroyed |