Sanders v. Gravel Products, Inc.
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| 20080001 |
Terry Sanders, Plaintiff and Appellant
v.
Gravel Products, Inc., Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge David W. Nelson |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
06/2008 Argument: 06/17/2008 10:45am
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| ND cite: |
2008 ND 161
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| NW cite: |
755 N.W.2d 826
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1.Did the District Court err in granting a partial summary judgment by which Plaintiff's ERISA claims were dismissed with prejudice?
2.Did the District Court err in its holding that time was not of the essence with regard to Gravel Products' exercise of the option to assign an insurance policy to Sanders within 30 days of his termination on October 30, 2003?
3.Did the District Court err in its determination that even if time was of the essence, Gravel Products' delayed performance under the contract was caused by Sanders and therefore Sanders is estopped from asserting a breach of contract?
Appellee's Statement of the Issues:
1. Was the district court's factual finding that Gravel Products did not breach its contract with Sanders clearly erroneous?
2. Did the district court appropriately grant summary judgment dismissing the plaintiff's ERISA claim in a state court action where the plaintiff was asserting a breach of contract claim?
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| 1 | | 01/02/2008 | |
NOTICE OF APPEAL: 12/28/2007 |
| 2 | | 01/07/2008 | |
ORDER FOR TRANSCRIPT (confirmed w/ trial court clerk's office): 01/07/2008 |
| 3 | | 01/30/2008 | |
RECORD ON APPEAL (3 vols.), Exhibits, Depositions (2), & Transcript (1) |
| 4 | | 02/06/2008 | |
Amended Notice of Appeal (filed in trial court 2-5-08) |
| 5 | | 02/06/2008 | |
Supplemental Clerk's Certificate dated 2-5-08 (Entry Nos. 180-12) |
| 6 | | 02/13/2008 | |
TRANSCRIPT DATED MAY 2, 2007 |
| 7 | | 02/13/2008 | |
DISK-TRA (ELECTRONIC) |
| 8 | | 02/14/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS |
| 9 | | 03/20/2008 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Mark V. Larson) |
| 10 | | 03/20/2008 | |
E-FILED MOTION (MAT) (FAXED) |
| 11 | | 03/20/2008 | |
ACTION BY CLERK (MAT). Granted: 03/31/2008 |
| 12 | | 03/31/2008 | |
APPELLANT BRIEF |
| 13 | | 03/31/2008 | |
APPELLANT APPENDIX |
| 14 | | 04/04/2008 | |
Copies of Covers for ATB and ATA received |
| 15 | | 04/07/2008 | |
DISK - ATB e-mailed |
| 16 | | 04/30/2008 | |
APPELLEE BRIEF |
| 17 | | 05/01/2008 | |
Affidavit of Mailing of AEB |
| 18 | | 05/01/2008 | |
DISK - aeb (CD-ROM) |
| 19 | | 05/13/2008 | |
REPLY BRIEF |
| 20 | | 05/15/2008 | |
Original and 6 copies of corrected page 2 of Appellant's Reply Brief |
| 21 | | 05/15/2008 | |
DISK - RYB |
| 22 | | 05/19/2008 | |
Additional copy of corrected page 2 of the Appellant's Reply Brief and Affidavit of Service |
| 23 | | 06/03/2008 | |
Supplemental Clerk's Certificate dated 5-30-08 (Entry Nos. 183-186, includes Trans. dated 11-14-06) |
| 24 | | 06/10/2008 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 25 | | 06/11/2008 | |
SITTING WITH THE COURT: Graff, Benny A. |
| 26 | | 06/17/2008 | |
APPEARANCES: Mark V. Larson; Lawrence E. King |
| 27 | | 06/17/2008 | |
ARGUED: Larson; King |
| 28 | | 06/17/2008 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 09/02/2008 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 30 | | 09/02/2008 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 31 | | 09/02/2008 | |
Costs on appeal taxed in favor of appellant |
| 32 | | 09/02/2008 | |
Judgment e-mailed to Parties |
| 33 | | 09/24/2008 | |
MANDATE |
| 34 | | 09/26/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |