Holkesvig v. Moore

20110007 Randy Holkesvig, Plaintiff and Appellant
v.
Christine Moore, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Other (Civil)
Counsel:
Appellant: Pro se
Appellee: Shannon Peter Uglem
Term: 09/2011   Argument: 09/13/2011  2:45pm
ND cite: 2011 ND 199
NW cite: 806 N.W.2d 438

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Issues: Appellant's Statement of the Issues:
I.Did the District Court err by granting summary judgment with a total disregard to the facts and evidence that was presented?
II.Did District Court display bias and prejudice against the Plaintiff?
III.Whether the Plaintiff's procedural and substantive due process rights were violated during the 11-8-10 and 2-7-11 hearings.
IV.Did the Defendant and her Attorney deceive and mislead the District Court with frivolous pleadings and denials which were not made in good faith, yet the Court rewarded them by granting attorney's fees and costs?

Reply Brief Issues
I. Why did Chris Moore lie and then perjure herself in 2008 while the District Court in 2010 grants her witness immunity?
II. Are attorneys fees justified when there are numerous bad faith issues by the Defendant's Lawyer and by the District Court?

Appellee's Statement of the Issues:
I. Did the Trial Court properly dismiss Plaintiff's claims against Defendant Moore on the basis of witness immunity?
II. Did the Trial Court properly find the claims of Plaintiff to be frivolous in awarding reasonable attorneys fees under N.D.C.C  28-26-01(2)?

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Docket entries:
101/06/2011 NOTICE OF APPEAL: 01/04/2011
201/12/2011 Rec'd $125.00 filing fee. (receipt no. 20132)
301/19/2011 MOTION FOR REMAND. RspDue: 01/31/2011
401/26/2011 Response Filed to Motion for Remand
501/26/2011 EFILED RESPONSE
602/04/2011 ACTION BY CHIEF JUSTICE. Granted
702/04/2011 ORDER OF TEMPORARY REMAND
802/04/2011 Order Sent to Parties
904/14/2011 Second Notice of Appeal, filed in trial court on 4-12-11
1004/14/2011 MOT. EXT/TIME APPELLANT BRIEF (sua sponte - reset after remand)
1104/14/2011 ACTION BY CLERK (MAT) (sua sponte - reset after remand). Granted: 05/16/2011
1204/15/2011 Electronic Clerk's Supplemental Certificate on Appeal (Entry No. 66 -- Order for Transcript)
1304/15/2011 ORDER FOR TRANSCRIPT: 04/15/2011
1404/18/2011 MOT. EXT/TIME APPELLANT BRIEF (sua sponte - due 40 days after TRA is filed)
1504/18/2011 ACTION BY CLERK (sua sponte) (7-14-11 is approx.; due 40 days after TRA is filed). Granted: 07/14/2011
1604/18/2011 RECORD ON APPEAL (electronic) (Entry Nos. 1-65)
1704/21/2011 2nd Supplemental Clerk's Certificate dated 4-21-11 (Entry Nos. 67-72) There is no Entry No. 71.
1804/26/2011 Transcript dated February 7, 2011 & C.O.S.
1904/26/2011 DISK - tra (2/7/11) (e-mailed)
2005/02/2011 DISK-ATB (E-MAILED)
2105/10/2011 APPELLANT BRIEF
2205/10/2011 APPELLANT APPENDIX
2305/11/2011 TRANSCRIPT DATED April 26, 2010; one copy of Transcript dated November 8, 2010 & C.O.S. (NOTE:
2405/11/2011 The original transcript dated 11-8-10 is a part of the ROA)
2505/11/2011 DISK - transcripts dated 4-26-10 & 11-8-10 (e-mailed)
2606/13/2011 APPELLEE BRIEF (e-filed)
2706/13/2011 E-FILED BRIEF (AEB)
2806/13/2011 APPELLEE APPENDIX (e-filed)
2906/13/2011 E-FILED APPENDIX (AEA)
3006/15/2011 Received surcharge for AEB (Receipt #20362)
3106/16/2011 Received 7 copies of AEB from CSD
3206/16/2011 Received 6 copies of AEA from CSD
3307/02/2011 REPLY BRIEF of Appellant
3407/02/2011 DISK - ryb (e-mailed)
3507/19/2011 NOTICE OF ORAL ARGUMENT SENT
3607/21/2011 3rd Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 73, 74, & 76)
3707/27/2011 4th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 77 & 78)
3808/17/2011 5th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 79 - 81)
3908/19/2011 6th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 82-85)
4009/02/2011 7th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 86-89)
4109/06/2011 8th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 90-91)
4209/13/2011 APPEARANCES: Randy Holkesvig; Shannon P. Uglem
4309/13/2011 ARGUED: Randy Holkesvig; Shannon P. Uglem
4409/13/2011 ORAL ARGUMENT WEBCAST
4509/16/2011 9th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 92-94)
4610/18/2011 DISPOSITION: AFFIRMED BY SUMMARY DISP.
4710/18/2011 UNANIMOUS OPINION: Per Curiam
4810/18/2011 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
4910/19/2011 Judgment Sent to Parties
5010/24/2011 MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REHEARING
5110/24/2011 ACTION BY CLERK (MPR). Granted: 11/15/2011
5210/31/2011 PETITION FOR REHEARING
5310/31/2011 APPENDIX TO PETITION FOR REHEARING
5410/31/2011 DISK-PER (E-MAILED)
5511/03/2011 E-mailed letter from Mr. Holkesvig clarifying there is no missing page 1 in Petition for Rehearing.
5611/15/2011 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
5711/21/2011 Petition for Motion to Stay of the Mandate Pending Writ of Certiorari
5811/22/2011 ACTION BY SUPREME COURT. Granted: 01/23/2011
5901/11/2012 Copy of Petition for Writ of Certiorari from Randy Holkesvig to U.S. Supreme Court
6001/17/2012 Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed and placed on docket
6103/22/2012 Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied
6203/29/2012 MANDATE
6304/04/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6404/12/2012 Copy of Petition for Rehearing from Randy Holkesvig to U.S. Supreme Court
6505/17/2012 Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied

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