Lynch v. The New Public School District No. 8

20110109 Danni Jane Lynch, Plaintiff and Appellant
v.
The New Public School
District No. 8 A Rural
School District in Williams
County, North Dakota, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Contracts
Counsel:
Appellant: Irvin B. Nodland
Appellee: Tiffany Johnson Vinje
Term: 11/2011   Argument: 11/07/2011  2:45pm
ND cite: 2012 ND 88
NW cite: 816 N.W.2d 53

Listen to recording of oral argument
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Issues: Appellant's Statement of the Issues:
1. Did material disputed facts preclude Summary Judgment?
2. Was Danni Lynch entitled to Notice of Non-Renewal?
3. Did Danni Lynch state claims for which she was entitled to a jury trial?
4. Did the trial court err in denying Plaintiff's request for an Order compelling discovery?

Appellee's Statement of the Issues:
1. Whether a school district may transfer a teacher from one school within the district to another school within the district without conducting a nonrenewal hearing pursuant to N.D.C.C.  15.1-15-06?
2. Whether a teacher can sustain a claim for emotional distress when a school district transfers her from one school to another school within the district?
3. Whether a teacher can sustain a claim for damage to professional reputation when a school district transfers her from one school to another school within the district?
4. Whether the District Court abused its discretion in denying Ms. Lynch's request for additional discovery after it dismissed her claims against the District.

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Docket entries:
104/20/2011 NOTICE OF APPEAL: 04/19/2011
204/20/2011 ORDER FOR TRANSCRIPT: 04/19/2011
305/20/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-49).
405/25/2011 TRANSCRIPT DATED 11/05/10 & C.O.S.
506/21/2011 MOT. EXT/TIME APPELLANT BRIEF
606/21/2011 E-FILED MOTION
706/21/2011 ACTION BY CLERK. Granted: 07/25/2011
807/21/2011 MOTION To File Overlength Brief
907/25/2011 NO ACTION TAKEN (Motion to File Overlength Brief)(ATB is within the word limit/no action necessary)
1007/25/2011 APPELLANT BRIEF
1107/25/2011 APPELLANT APPENDIX
1207/25/2011 DISK - ATB (email)
1308/24/2011 APPELLEE BRIEF (e-filed)
1408/24/2011 E-FILED BRIEF (AEB)
1508/24/2011 APPELLEE APPENDIX (E-filed)
1608/24/2011 E-FILED APPENDIX (AEA)
1708/25/2011 Received $25 surcharge for AEB (Receipt #20633)
1808/29/2011 Received 7 copies of AEB from CSD
1908/29/2011 Received 6 copies of AEA from CSD
2010/05/2011 NOTICE OF ORAL ARGUMENT SENT
2111/07/2011 APPEARANCES: Irvin B. Nodland; Tiffany L. Johnson
2211/07/2011 ARGUED: Irvin B. Nodland; Tiffany L. Johnson
2311/07/2011 ORAL ARGUMENT WEBCAST
2405/03/2012 DISPOSITION: AFFIRMED
2505/03/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.
2605/03/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
2705/04/2012 Judgment Sent to Parties
2806/01/2012 MANDATE
2909/14/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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