Riemers v. State
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| 20050433 |
Roland C. Riemers, Plaintiff and Appellant
and
Jonathan P. Riemers, Plaintiff
v.
State of North Dakota and
Douglas Herman, Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
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| Term: |
04/2006 Argument: 04/13/2006 09:30am
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| ND cite: |
2006 ND 162
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| NW cite: |
718 N.W.2d 566
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Did the Court err in dismissing the complaint against the State of North Dakota and Douglas Herman because it lacked personal jurisdiction due to insufficient service of process because of its finding that deliver of process does not include
mailing?
II.Did the Court err in dismissing the complaint against State of North Dakota and Douglas Herman because Riemers claims were barred by judicial immunity?
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| 1 | | 12/15/2005 | |
NOTICE OF APPEAL: 12/14/2005 |
| 2 | | 01/11/2006 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 3 | | 01/11/2006 | |
E-FILED MOTION (MAT) |
| 4 | | 01/11/2006 | |
ACTION BY CLERK. Granted: 02/22/2006 |
| 5 | | 01/12/2006 | |
Letter from Wade Mann, Asst. A.G.; no objection to MAT |
| 6 | | 01/17/2006 | |
RECORD ON APPEAL (Not rec'd: #27-steno notes) |
| 7 | | 02/05/2006 | |
APPELLANT APPENDIX |
| 8 | | 02/05/2006 | |
E-FILED APPENDIX (ATA) |
| 9 | | 02/07/2006 | |
APPELLANT BRIEF |
| 10 | | 02/09/2006 | |
Copies of ATA rec'd from Central Duplicating |
| 11 | | 02/28/2006 | |
Corrected Table of Authorities and Corrected page 7 of ATB |
| 12 | | 02/28/2006 | |
DISK - ATB emailed |
| 13 | | 03/09/2006 | |
APPELLEE BRIEF |
| 14 | | 03/09/2006 | |
DISK (e-mailed) - AEB |
| 15 | | 04/13/2006 | |
APPEARANCES: Roland C. Riemers; Wade C. Mann |
| 16 | | 04/13/2006 | |
ARGUED: Riemers; Mann |
| 17 | | 04/13/2006 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 04/28/2006 | |
Petition to Submit Supplemental Brief on issue of what counts as delivery of service of process on |
| 19 | | 04/28/2006 | |
on a government entity |
| 20 | | 04/28/2006 | |
ACTION BY SUPREME COURT (no more than 15 pages). Granted |
| 21 | | 04/28/2006 | |
Affidavit of Service by Mailing |
| 22 | | 05/13/2006 | |
SUPPLEMENTAL APPELLANT BRIEF ENTITLED "APPELLANT BRIEF ADDENDUM" |
| 23 | | 05/13/2006 | |
DISK (e-filed) - Suppl. ATB |
| 24 | | 05/26/2006 | |
SUPPLEMENTAL APPELLEE'S BRIEF |
| 25 | | 05/26/2006 | |
DISK of supplemental aeb (e-mailed) |
| 26 | | 07/18/2006 | |
DISPOSITION: AFFIRMED AND MODIFIED |
| 27 | | 07/18/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 28 | | 07/18/2006 | |
At direction of the Court, costs on appeal taxed in favor of appellees |
| 29 | | 07/19/2006 | |
Judgment Mailed to Parties |
| 30 | | 08/10/2006 | |
MANDATE |
| 31 | | 08/16/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |