Clausnitzer v. Tesoro Refining and Marketing Co.

20120107 Tim Clausnitzer, Plaintiff and Appellant
v.
Tesoro Refining and
Marketing Company, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Timothy Michael O'Keeffe
Appellant: Sean Thomas Foss
Appellee: Clark Jay Bormann
Appellee: Sophie Young Morgan
Term: 06/2012   Argument: 06/18/2012
ND cite: 2012 ND 172
NW cite: 820 N.W.2d 665

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court erred as a matter of law by concluding the term "premises" includes personal property under N.D.C.C.  14-02.4-03?
II. Whether the district court was clearly erroneous to find the record established that Clausnitzer's actions directly conflicted with Tesoro's essential business related interests?

Appellee's Statement of the Issues:
I. Whether the district court correctly concluded that Tesoro's "premises" may include its policy definition of "company premises" for purposes of the North Dakota Human Rights Act.
II. Whether the district court correctly determined that Tim Clausnitzer, by drinking and driving a clearly marked company vehicle with a breath alcohol content over the permissible company threshold, took actions that directly conflicted with Tesoro's essential business related interests.

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Docket entries:
102/15/2012 NOTICE OF APPEAL: 02/14/2012
202/15/2012 ORDER FOR TRANSCRIPT: 02/14/2012
302/15/2012 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
403/13/2012 ELEC. RECORD ON APPEAL dated March 12, 2012 (ENTRY NOS. 1-91)
503/27/2012 TRANSCRIPT DATED January 6, 2012 & C.O.S.
603/27/2012 DISK - tra (1/6/12) (e-mailed)
703/28/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.92 & 93)
805/01/2012 APPELLANT BRIEF
905/01/2012 APPELLANT APPENDIX
1005/01/2012 DISK - atb (e-mailed)
1105/04/2012 Received add'l copy of ATA
1205/17/2012 NOTICE OF ORAL ARGUMENT SENT
1305/21/2012 SITTING WITH THE COURT: Narum, Daniel D.
1405/29/2012 Request for Radio/TV Coverage Associated Press approved
1505/31/2012 APPELLEE BRIEF
1605/31/2012 APPELLEE APPENDIX
1705/31/2012 DISK (AEB) (e-mailed)
1806/11/2012 Received corrections to RYB (Word limit)
1906/11/2012 REPLY BRIEF
2006/11/2012 DISK-RYB (e-mailed)
2106/18/2012 APPEARANCES: Timothy M. O'Keeffe; Sean T. Foss; Clark J. Bormann; Sophie Y. Morgan
2206/18/2012 ARGUED: Sean T. Foss; Clark J. Bormann
2306/18/2012 ORAL ARGUMENT WEBCAST
2408/20/2012 DISPOSITION: AFFIRMED
2508/20/2012 UNANIMOUS OPINION: Crothers, Daniel John
2608/20/2012 (CONCUR in the Result): VandeWalle, Gerald W.: CON/RES
2708/20/2012 Costs on appeal taxed in favor of Appellee
2808/21/2012 Judgment Sent to Parties
2909/11/2012 MANDATE
3009/14/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/14/2018