City of Fargo v. Malme
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| 20080069 |
City of Fargo, Plaintiff and Appellee
v.
Mitch Malme and Mitch
Malme Investments, L.L.C., a
North Dakota limited liability
company, Defendants and Appellants
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
09/2008 Argument: 09/02/2008 09:30am
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| ND cite: |
2008 ND 172
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| NW cite: |
756 N.W.2d 197
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Are Mitch Malme and Mitch Malme Investments, L.L.C., entitled to a remedy including payment of attorney's fees, costs and disbursements to vindicate the violation of their federal civil rights?
2. Did the District Court Judge honor the Judgment of the Supreme Court of North Dakota in City of Fargo v. Malme, 2007 ND 137, 737 N.W.2d 390?
Appellee's Statement of the Issues:
I.Did the district court abuse its discretion in denying attorney fees by following the Supreme Court judgment directing that Malme receive costs in accordance with Rule 39 of the Rules of Appellate Procedure?
II.Did the district court abuse its discretion in denying attorney fees when there was no contractual or statutory basis to award attorney fees?
III.Did the district court abuse its discretion in denying attorney fees in response to a claim under 42 U.S.C. 1988(b), which was raised for the first time on remand, when the prevailing party prevailed purely on state law grounds and there was no
determination that any constitutional rights were violated?
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| 1 | | 03/18/2008 | |
NOTICE OF APPEAL: 03/14/2008 |
| 2 | | 03/18/2008 | |
ORDER FOR TRANSCRIPT: 03/14/2008 |
| 3 | | 04/15/2008 | |
RECORD ON APPEAL & separates (Entry Nos. 5 & 30-32). Not rec'd were CR tapes (Entry Nos. 14 & 36). |
| 4 | | 04/21/2008 | |
TRANSCRIPT DATED October 11, 2007 |
| 5 | | 04/21/2008 | |
DISK - TRA (10-11-07) (e-filed) |
| 6 | | 04/22/2008 | |
Certificate of Service of TRA |
| 7 | | 05/07/2008 | |
Notice of Appearance (Scott O. Diamond, Assistant City Attorney for Appellee City of Fargo) |
| 8 | | 06/02/2008 | |
APPELLANT BRIEF |
| 9 | | 06/02/2008 | |
APPELLANT APPENDIX |
| 10 | | 06/03/2008 | |
DISK - ATB (e-mailed) |
| 11 | | 06/05/2008 | |
Received corrected Certificate of Service for ATB |
| 12 | | 07/03/2008 | |
APPELLEE BRIEF |
| 13 | | 07/07/2008 | |
DISK-AEB (E-MAILED) |
| 14 | | 07/19/2008 | |
REPLY BRIEF of Appellants |
| 15 | | 07/21/2008 | |
Affidavit of Service by Mail of RYB |
| 16 | | 07/21/2008 | |
DISK - ryb |
| 17 | | 09/02/2008 | |
APPEARANCES: Jonathan T. Garaas; Scott O. Diamond |
| 18 | | 09/02/2008 | |
ARGUED: Garaas; Diamond |
| 19 | | 09/02/2008 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 09/23/2008 | |
DISPOSITION (Affirmed AS Modified): AFFIRMED AND MODIFIED |
| 21 | | 09/23/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 22 | | 09/23/2008 | |
The parties shall each bear their own costs on this appeal. |
| 23 | | 09/24/2008 | |
Judgment E-Mailed & Mailed to Parties |
| 24 | | 10/07/2008 | |
PETITION FOR REHEARING |
| 25 | | 10/07/2008 | |
Addendum to Petition for Rehearing |
| 26 | | 10/24/2008 | |
ACTION BY SUPREME COURT (PER). Denied |
| 27 | | 11/07/2008 | |
MANDATE |
| 28 | | 11/12/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |