Singha v. ND State Board of Medical Examiners
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| 990393 |
Ebenezer M. Singha, Plaintiff, Appellant
and Cross-Appellee
v.
North Dakota State Board of
Medical Examiners, and Rolf
Sletten, Executive Secretary
and Treasurer of the North
Dakota Board of Medical Examiners, Defendants, Appellees
and Cross-Appellants
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge James M. Vukelic |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
04/2000 Argument: 04/26/2000 01:30pm
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| ND cite: |
2000 ND 134
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| NW cite: |
613 N.W.2d 34
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| Issues: |
Appellant's Statement of the Issues:
1. Whether grounds exist, pursuant to N.D.C.C. 28-32-19, for the Court to reverse the decision of the North Dakota State Board of Medical Examiners, which denied Ebenezer Singha a medical license.
2. Should attorney fees and costs be awarded because there was no substantial justification for the decision of the North Dakota State Board of Medical Examiners?
Appellee's Statement of the Issues:
1. Whether grounds exist, pursuant to N.D.C.C. 28-32-19, for the Court to reverse the decision of the North Dakota State Board of Medical Examiners, which denied Ebenezer M. Singha a medical license?
2. Whether the Board had a reasonable basis to find that Singha was deceitful, fraudulent, or otherwise misrepresented himself in the licensing process?
3. Whether attorney's fees and costs should be awarded because there was no substantial justification for the decision of the North Dakota State Board of Medical Examiners?
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| 1 | | 12/29/1999 | |
NOTICE OF APPEAL: 12/27/1999 |
| 2 | | 01/13/2000 | |
NOTICE OF CROSS APPEAL (State Board of Medical Examiners) |
| 3 | | 01/25/2000 | |
RECORD ON APPEAL w/separate #3 (administrative ROA including transcript dated 8/27/98) |
| 4 | | 01/25/2000 | |
Not rec'd with entry 3 was item 53(post-hearing brief of Board of Med. Examiners) & steno notes |
| 5 | | 02/04/2000 | |
DISK - TRA of Admin Hearing of 6-15-98, 8-27 & 28-98, & 9-3-98 |
| 6 | | 02/03/2000 | |
APPELLANT BRIEF |
| 7 | | 02/03/2000 | |
APPELLANT APPENDIX |
| 8 | | 02/04/2000 | |
DISK - ATB |
| 9 | | 02/11/2000 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED FEBRUARY 9, 2000 (Entries No. 45 - 49, not |
| 10 | | 02/11/2000 | |
forward with the record was entry No. 45 (letter to counsel from Supreme Court)) |
| 11 | | 02/11/2000 | |
NOTE: attached to entry No. 47 is a copy of the Post-Hearing Brief of North Dakota Board of |
| 12 | | 02/11/2000 | |
Medical Examiners which is #53 of the Admin. Agency's Record. |
| 13 | | 03/01/2000 | |
COMBINED MOT. AND AFFIDAVIT FOR EXT/TIME APPELLEE BRIEF |
| 14 | | 03/01/2000 | |
ACTION BY CLERK. Granted: 03/10/2000 |
| 15 | | 03/01/2000 | |
Faxed letter dated 3-01-00 from Roger R. Sundling and Alvin O. Boucher stating AT has no objection |
| 16 | | 03/01/2000 | |
to AE's ext. of time |
| 17 | | 03/02/2000 | |
Letter from Roger Sundling dated 3-1-00 (Same as faxed letter rec'd 3-1-00) |
| 18 | | 03/10/2000 | |
APPELLEE BRIEF |
| 19 | | 03/10/2000 | |
APPELLEE APPENDIX |
| 20 | | 03/10/2000 | |
DISK - AEB |
| 21 | | 03/15/2000 | |
Corrected p. ii for Table of Contents & Notice of Cross Appeal for AEA |
| 22 | | 03/22/2000 | |
Request for Radio/TV Coverage (Associated Press)letter dated 3-22-00 from Jack McDonald (APPROVED) |
| 23 | | 03/24/2000 | |
REPLY BRIEF OF APPELLANT |
| 24 | | 03/27/2000 | |
DISK - RYB |
| 25 | | 04/10/2000 | |
REPLY BRIEF OF APPELLEES AND CROSS-APPELLANTS |
| 26 | | 04/10/2000 | |
DISK - RYB (Appellees and Cross-Appellants) |
| 27 | | 04/26/2000 | |
APPEARANCES: Roger R. Sundling & Alvin O. Boucher; John M. Olson |
| 28 | | 04/26/2000 | |
ARGUED: Sundling, Boucher; Olson (vol. X; page 20) |
| 29 | | 06/29/2000 | |
DISPOSITION: AFFIRMED |
| 30 | | 06/29/2000 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 31 | | 06/29/2000 | |
Costs on appeal taxed in favor of appellee |
| 32 | | 06/30/2000 | |
Order/Judgment Mailed to Parties |
| 33 | | 07/13/2000 | |
Mot. Ext/Time Petition for Rehearing (faxed copy) |
| 34 | | 07/13/2000 | |
ACTION BY CLERK. Granted: 07/27/2000 |
| 35 | | 07/17/2000 | |
Original Motion for Ext/Time to file Petition for Rehearing |
| 36 | | 07/26/2000 | |
PETITION FOR REHEARING |
| 37 | | 07/27/2000 | |
DISK - PER |
| 38 | | 07/31/2000 | |
Corrections for Petition for Rehearing (distributed to court) |
| 39 | | 08/03/2000 | |
Faxed copy of Affidavit of Service of Petition for Rehearing on John Olson |
| 40 | | 08/07/2000 | |
Affidavit of Service of Petition for Rehearing on John Olson dated 7-26-00 (same as faxed copy) |
| 41 | | 08/18/2000 | |
ACTION BY SUPREME COURT (PER). Denied |
| 42 | | 08/22/2000 | |
MOTION TO WITHDRAW AS COUNSEL (For Appellant Ebenezer Singha) w/Stipulation and Agreement to |
| 43 | | 08/22/2000 | |
Withdrawal of Counsel |
| 44 | | 08/22/2000 | |
ACTION BY CLERK (Mot to Withdraw as Counsel). Granted |
| 45 | | 09/01/2000 | |
MANDATE |
| 46 | | 09/07/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 47 | | 04/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |