Roe v. Rothe-Seeger
|
| 990344 |
Dr. John Roe, Petitioner
v.
The Honorable Cynthia A.
Rothe-Seeger, Judge of
the District Court, East
Central Judicial District,
Jane Doe and Midwest Medical
Insurance Company, Respondents
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
|
Nature of Action: |
Writ of Supervision (Civil)
|
| Counsel: |
|
| Term: |
01/2000 Argument: 01/24/2000 01:30pm
|
| ND cite: |
2000 ND 63
|
| NW cite: |
608 N.W.2d 289
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|
|
| Issues: |
Appellant's Statement of the Issues:
Whether the North Dakota Supreme Court should issue a supervisory writ directed to the District Court for the East Central District, County of Cass, requiring the District Court to vacate the order of July 16, 1999, to avoid irreparable prejudice,
which order granted the motion of MMIC, the professional liability insurance carrier for Dr. John Roe, to intervene in the underlying medical malpractice lawsuit.
Appellee's Statement of the Issues:
Whether the North Dakota Supreme Court should issue a supervisory writ directed to the District Court for the East Central District, County of Cass, requiring the District Court to vacate the order of July 16, 1999, on the grounds that the order
granting respondent Midwest Medical Insurance Company intervention as a matter of right was erroneous?
Appellee's Statement of the Issues:
Whether the issuance of a supervisory writ vacating a trial court's order allowing the intervention of an insurance carrier into the underlying tort action is appropriate where the insurer, which is contesting coverage, has satisfied all of the
elements of intervention as of right and there is no evidence of prejudice.
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 Add Docket 990344 RSS
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| 1 | | 11/17/1999 | |
PETITION FILED (Notice of Appeal was plead in the alternative) |
| 2 | | 11/18/1999 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 3 | | 11/23/1999 | |
RECORD ON APPEAL |
| 4 | | 12/02/1999 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 5 | | 12/02/1999 | |
Sua Sponte Motion for Dismissal as Order Granting Intervention is not appealable |
| 6 | | 12/02/1999 | |
ACTION BY SUPREME COURT (dismissed appeal & directed briefs and argument on Pet. for Supervison). Granted |
| 7 | | 12/02/1999 | |
PETITIONER BRIEF DUE: 12/22/1999 |
| 8 | | 12/02/1999 | |
RESPONDENT BRIEF DUE: 01/11/2000 |
| 9 | | 12/02/1999 | |
Reply Brief, if any, due January 19, 2000 |
| 10 | | 12/06/1999 | |
NOTE: Appellee's and Intervenor's Notice of Motion and Motion, Memorandum in Support, and |
| 11 | | 12/06/1999 | |
Affidavit in Support were returned to Mr. Thomas on 12-6-99 (no copies were kept) |
| 12 | | 12/07/1999 | |
Clerk's Supp. Cert of ROA dated December 6, 1999 with entries 40 & 41 attached |
| 13 | | 12/21/1999 | |
PETITIONER BRIEF |
| 14 | | 12/21/1999 | |
Petitioner's APPENDIX |
| 15 | | 12/22/1999 | |
DISK - Petitioner's Brief |
| 16 | | 12/28/1999 | |
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 17 | | 12/28/1999 | |
SITTING WITH THE COURT: Haskell, Bruce B. |
| 18 | | 12/29/1999 | |
RESPONDENT BRIEF (Jane Doe) |
| 19 | | 12/30/1999 | |
DISK - Respondent's Brief |
| 20 | | 01/07/2000 | |
AFFIDAVIT OF RICHARD J. THOMAS (copies made for GWV and file) |
| 21 | | 01/07/2000 | |
AFFIDAVIT OF BRYON G. ASCHEMAN (copies made for GWV and file) |
| 22 | | 01/10/2000 | |
RESPONDENT BRIEF (Midwest Medical Ins. Co.) |
| 23 | | 01/10/2000 | |
APPELLEE APPENDIX (Midwest Medical Ins. Co.) |
| 24 | | 01/13/2000 | |
DISK - Respondent's Brief-Midwest Medical (corrected disk filed 1-18-2000) |
| 25 | | 01/18/2000 | |
REPLY BRIEF of Petitioner (disk will be forthcoming) |
| 26 | | 01/18/2000 | |
Corrected Table of Authorities & page 1 of Respondent's Brief(Midwest Medical) |
| 27 | | 01/18/2000 | |
DISK - Respondent's Brief - MIDWEST MEDICAL INS. (corrected) |
| 28 | | 01/19/2000 | |
DISK - Respondents RYB |
| 29 | | 01/24/2000 | |
APPEARANCES: Joel A. Flom; Richard J. Thomas; J.P. Dosland |
| 30 | | 01/24/2000 | |
ARGUED: Flom; Thomas; Dosland (Vol. W; page 220) |
| 31 | | 03/27/2000 | |
DISPOSITION: PETITION/WRIT DENIED |
| 32 | | 03/27/2000 | |
UNANIMOUS OPINION: Neumann, William A. |
| 33 | | 03/27/2000 | |
COSTS TAXED IN FAVOR OF RESPONDENTS |
| 34 | | 03/27/2000 | |
Order/Judgment Mailed to Parties |
| 35 | | 03/28/2000 | |
Corrected/Substitute Opinion Page (title page) (mailed to counsel & publishers) |
| 36 | | 05/04/2000 | |
MANDATE |
| 37 | | 05/08/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 03/06/2007 | |
EXPUNGED - Nonpermanent record items destroyed |