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:
Respondent: Lawyer not licensed in N.D.
Respondent: John P. Dosland
Petitioner: Jeffries, Olson & Flom, PA
Respondent: Camrud, Maddock, Olson & Larson, Ltd.
Petitioner: Stefanson, Plambeck & Foss
Term: 01/2000   Argument: 01/24/2000  1:30pm
ND cite: 2000 ND 63
NW cite: 608 N.W.2d 289


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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Docket entries:
111/17/1999 PETITION FILED (Notice of Appeal was plead in the alternative)
211/18/1999 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
311/23/1999 RECORD ON APPEAL
412/02/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
512/02/1999 Sua Sponte Motion for Dismissal as Order Granting Intervention is not appealable
612/02/1999 ACTION BY SUPREME COURT (dismissed appeal & directed briefs and argument on Pet. for Supervison). Granted
712/02/1999 PETITIONER BRIEF DUE: 12/22/1999
812/02/1999 RESPONDENT BRIEF DUE: 01/11/2000
912/02/1999 Reply Brief, if any, due January 19, 2000
1012/06/1999 NOTE: Appellee's and Intervenor's Notice of Motion and Motion, Memorandum in Support, and
1112/06/1999 Affidavit in Support were returned to Mr. Thomas on 12-6-99 (no copies were kept)
1212/07/1999 Clerk's Supp. Cert of ROA dated December 6, 1999 with entries 40 & 41 attached
1312/21/1999 PETITIONER BRIEF
1412/21/1999 Petitioner's APPENDIX
1512/22/1999 DISK - Petitioner's Brief
1612/28/1999 SITTING WITH THE COURT: McClintock, Jr., John C.
1712/28/1999 SITTING WITH THE COURT: Haskell, Bruce B.
1812/29/1999 RESPONDENT BRIEF (Jane Doe)
1912/30/1999 DISK - Respondent's Brief
2001/07/2000 AFFIDAVIT OF RICHARD J. THOMAS (copies made for GWV and file)
2101/07/2000 AFFIDAVIT OF BRYON G. ASCHEMAN (copies made for GWV and file)
2201/10/2000 RESPONDENT BRIEF (Midwest Medical Ins. Co.)
2301/10/2000 APPELLEE APPENDIX (Midwest Medical Ins. Co.)
2401/13/2000 DISK - Respondent's Brief-Midwest Medical (corrected disk filed 1-18-2000)
2501/18/2000 REPLY BRIEF of Petitioner (disk will be forthcoming)
2601/18/2000 Corrected Table of Authorities & page 1 of Respondent's Brief(Midwest Medical)
2701/18/2000 DISK - Respondent's Brief - MIDWEST MEDICAL INS. (corrected)
2801/19/2000 DISK - Respondents RYB
2901/24/2000 APPEARANCES: Joel A. Flom; Richard J. Thomas; J.P. Dosland
3001/24/2000 ARGUED: Flom; Thomas; Dosland (Vol. W; page 220)
3103/27/2000 DISPOSITION: PETITION/WRIT DENIED
3203/27/2000 UNANIMOUS OPINION: Neumann, William A.
3303/27/2000 COSTS TAXED IN FAVOR OF RESPONDENTS
3403/27/2000 Order/Judgment Mailed to Parties
3503/28/2000 Corrected/Substitute Opinion Page (title page) (mailed to counsel & publishers)
3605/04/2000 MANDATE
3705/08/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3803/06/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/23/2014