State ex rel. Stenehjem v. FreeEats.com, Inc.
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| 20050171 |
State of North Dakota
ex rel. Wayne Stenehjem,
Attorney General, Plaintiff and Appellee
v.
FreeEats.com, Inc., dba
The FreeEats Companies,
ccAdvertising,
ccAdvertising.biz,
ccAdvertising.Info,
ElectionResearch.com,
FECads.com, and
FECResearch.com, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
10/2005 Argument: 10/04/2005 01:30pm
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| ND cite: |
2006 ND 84
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| NW cite: |
712 N.W.2d 828
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the enforcement of NDCC 51-28-02 as to interstate political polling calls is preempted by Section 2 of the Communications Act of 1934, as amended by the Telephone Consumer Protection Act of 1991.
Appellee's Statement of the Issues:
Whether N.D.C.C. 51-28-02 governing prerecorded voice messages directed to North Dakota telephone subscribers is preempted by the Communications Act of 1934, 47 U.S.C. 151, et seq., as amended by the Telephone Consumer Protection Act of 1991, 47
U.S.C. 227.
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| 1 | | 05/18/2005 | |
NOTICE OF APPEAL: 05/17/2005 |
| 2 | | 05/18/2005 | |
Certificate of No Transcript |
| 3 | | 05/19/2005 | |
ORDER FOR TRANSCRIPT (letter dated May 18, 2005): 05/18/2005 |
| 4 | | 06/02/2005 | |
TRANSCRIPT DATED October 18, 2004 |
| 5 | | 06/02/2005 | |
DISK - tra (10-18-04) |
| 6 | | 06/07/2005 | |
Affidavits of Emilio W. Cividanes and David H. Bamberger pursuant to Rule 3, Admission to Practice |
| 7 | | 06/07/2005 | |
Rule (Authorized) |
| 8 | | 06/21/2005 | |
Affidavit of James P. Rathvon filed pursuant to Rule 3, Admission to Practice Rule (authorized) |
| 9 | | 06/17/2005 | |
RECORD ON APPEAL (2 volumes) not sent was #34 (Court Reporter Notes) |
| 10 | | 07/12/2005 | |
APPELLANT BRIEF |
| 11 | | 07/12/2005 | |
APPELLANT APPENDIX |
| 12 | | 07/12/2005 | |
DISK - ATB |
| 13 | | 07/20/2005 | |
Copies of Opinion and Order, Order for Judgment, Final Judgment, Notice of Entry, and Notice of |
| 14 | | 07/20/2005 | |
Entry of Judgment, and Docket Sheet for Appellant's Appendix |
| 15 | | 08/05/2005 | |
Supplemental Clerk's Certificate dated 8-5-05 (Entry Nos. 77-81) |
| 16 | | 08/09/2005 | |
APPELLEE BRIEF |
| 17 | | 08/09/2005 | |
DISK - AEB (e-mailed) |
| 18 | | 08/22/2005 | |
REPLY BRIEF |
| 19 | | 08/22/2005 | |
Addendum to Reply Brief (Bound w/RYB) |
| 20 | | 08/22/2005 | |
DISK - RYB |
| 21 | | 09/13/2005 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 22 | | 09/19/2005 | |
SITTING WITH THE COURT: Hodny, William F. |
| 23 | | 09/29/2005 | |
Request for Radio/TV Coverage (ND Public Radio) - e-mailed letter dated 9-29-05 from Jack McDonald |
| 24 | | 09/29/2005 | |
(Authorized) |
| 25 | | 10/04/2005 | |
APPEARANCES: Patrick J. Ward, Lawrence E. King, Emilio W. Cividanes; James P. Thomas, |
| 26 | | 10/04/2005 | |
Wayne K. Stenehjem, Attorney General, and Parrell D. Grossman |
| 27 | | 10/04/2005 | |
ARGUED: Ward; Thomas |
| 28 | | 10/04/2005 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 12/15/2005 | |
Citation of Supplemental Authorities, N.D.R.App. 28(k), Letter dated 12-15-05 |
| 30 | | 12/19/2005 | |
Letter from Patrick Ward dated 12-19-05 Re: Response to State's letter dated 12-15-05 |
| 31 | | 02/27/2006 | |
Letter from James P. Thomas dated 2/24/06 with a recently-decided case attached & Aff. of Service |
| 32 | | 02/28/2006 | |
Letter from Patrick J. Ward dated 2-28-06 RE: Response to State's recent citation of authority |
| 33 | | 02/28/2006 | |
Letter from Patrick J. Ward dated 2-28-06 w/attached Memorandum & Order in Chamber v. Lockyer |
| 34 | | 04/21/2006 | |
DISPOSITION: AFFIRMED |
| 35 | | 04/21/2006 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 36 | | 04/21/2006 | |
Costs on appeal taxed in favor of the Appellee |
| 37 | | 04/21/2006 | |
Judgment Mailed to Parties |
| 38 | | 05/19/2006 | |
MANDATE |
| 39 | | 05/25/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 08/01/2006 | |
Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court |
| 41 | | 10/16/2006 | |
Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied |