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:

Counsel:

Appellant:		Pro se
Appellee:		Shannon Peter Uglem

Term:

09/2011 Argument: 09/13/2011 02:45pm

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:

1	01/06/2011	NOTICE OF APPEAL: 01/04/2011
2	01/12/2011	Rec'd $125.00 filing fee. (receipt no. 20132)
3	01/19/2011	MOTION FOR REMAND. RspDue: 01/31/2011
4	01/26/2011	Response Filed to Motion for Remand
5	01/26/2011	EFILED RESPONSE
6	02/04/2011	ACTION BY CHIEF JUSTICE. Granted
7	02/04/2011	ORDER OF TEMPORARY REMAND
8	02/04/2011	Order Sent to Parties
9	04/14/2011	Second Notice of Appeal, filed in trial court on 4-12-11
10	04/14/2011	MOT. EXT/TIME APPELLANT BRIEF (sua sponte - reset after remand)
11	04/14/2011	ACTION BY CLERK (MAT) (sua sponte - reset after remand). Granted: 05/16/2011
12	04/15/2011	Electronic Clerk's Supplemental Certificate on Appeal (Entry No. 66 -- Order for Transcript)
13	04/15/2011	ORDER FOR TRANSCRIPT: 04/15/2011
14	04/18/2011	MOT. EXT/TIME APPELLANT BRIEF (sua sponte - due 40 days after TRA is filed)
15	04/18/2011	ACTION BY CLERK (sua sponte) (7-14-11 is approx.; due 40 days after TRA is filed). Granted: 07/14/2011
16	04/18/2011	RECORD ON APPEAL (electronic) (Entry Nos. 1-65)
17	04/21/2011	2nd Supplemental Clerk's Certificate dated 4-21-11 (Entry Nos. 67-72) There is no Entry No. 71.
18	04/26/2011	Transcript dated February 7, 2011 & C.O.S.
19	04/26/2011	DISK - tra (2/7/11) (e-mailed)
20	05/02/2011	DISK-ATB (E-MAILED)
21	05/10/2011	APPELLANT BRIEF
22	05/10/2011	APPELLANT APPENDIX
23	05/11/2011	TRANSCRIPT DATED April 26, 2010; one copy of Transcript dated November 8, 2010 & C.O.S. (NOTE:
24	05/11/2011	The original transcript dated 11-8-10 is a part of the ROA)
25	05/11/2011	DISK - transcripts dated 4-26-10 & 11-8-10 (e-mailed)
26	06/13/2011	APPELLEE BRIEF (e-filed)
27	06/13/2011	E-FILED BRIEF (AEB)
28	06/13/2011	APPELLEE APPENDIX (e-filed)
29	06/13/2011	E-FILED APPENDIX (AEA)
30	06/15/2011	Received surcharge for AEB (Receipt #20362)
31	06/16/2011	Received 7 copies of AEB from CSD
32	06/16/2011	Received 6 copies of AEA from CSD
33	07/02/2011	REPLY BRIEF of Appellant
34	07/02/2011	DISK - ryb (e-mailed)
35	07/19/2011	NOTICE OF ORAL ARGUMENT SENT
36	07/21/2011	3rd Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 73, 74, & 76)
37	07/27/2011	4th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 77 & 78)
38	08/17/2011	5th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 79 - 81)
39	08/19/2011	6th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 82-85)
40	09/02/2011	7th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 86-89)
41	09/06/2011	8th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 90-91)
42	09/13/2011	APPEARANCES: Randy Holkesvig; Shannon P. Uglem
43	09/13/2011	ARGUED: Randy Holkesvig; Shannon P. Uglem
44	09/13/2011	ORAL ARGUMENT WEBCAST
45	09/16/2011	9th Supplemental Clerk's Electronic Certificate of Appeal (entry nos. 92-94)
46	10/18/2011	DISPOSITION: AFFIRMED BY SUMMARY DISP.
47	10/18/2011	UNANIMOUS OPINION: Per Curiam
48	10/18/2011	COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
49	10/19/2011	Judgment Sent to Parties
50	10/24/2011	MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REHEARING
51	10/24/2011	ACTION BY CLERK (MPR). Granted: 11/15/2011
52	10/31/2011	PETITION FOR REHEARING
53	10/31/2011	APPENDIX TO PETITION FOR REHEARING
54	10/31/2011	DISK-PER (E-MAILED)
55	11/03/2011	E-mailed letter from Mr. Holkesvig clarifying there is no missing page 1 in Petition for Rehearing.
56	11/15/2011	ACTION BY SUPREME COURT (Pet/Rehearing). Denied
57	11/21/2011	Petition for Motion to Stay of the Mandate Pending Writ of Certiorari
58	11/22/2011	ACTION BY SUPREME COURT. Granted: 01/23/2011
59	01/11/2012	Copy of Petition for Writ of Certiorari from Randy Holkesvig to U.S. Supreme Court
60	01/17/2012	Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed and placed on docket
61	03/22/2012	Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied
62	03/29/2012	MANDATE
63	04/04/2012	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
64	04/12/2012	Copy of Petition for Rehearing from Randy Holkesvig to U.S. Supreme Court
65	05/17/2012	Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied

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