Simpson, et al. v. Chicago Pneumatic Tool Co., et al.
Docket No. 20020171
Oral Argument:
Tuesday, December 17, 2002 1:30pm
Docket Info
- Title
- Stephen Simpson, Sheri
Simpson, husband and wife, Plaintiffs and Appellants
and
Justin Simpson, Amanda Simpson,
and Jeffrey Simpson, all minors, Plaintiffs
v.
Chicago Pneumatic Tool
Company, Defendant and Appellee
and
Residual Materials, Inc.
and Todd A. Clausnitzer, Defendants - Case Type
- CIVIL APPEAL : PERSONAL INJURY
- Appeal From
-
Case No. 96-C-01736
South Central Judicial District, Burleigh County
Bruce B. Haskell
2003 ND 31657 N.W.2d 261
Oral Argument
12/17/2002
Highlight
A trial court's discovery decision and denial of a motion for new trial will not be reversed on appeal unless the court abused its discretion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/28/2002 | NOTICE OF APPEAL : 06/26/2002 | |
| 2 | 06/28/2002 | ORDER FOR TRANSCRIPT : 06/26/2002 | |
| 3 | 07/31/2002 | RECORD ON APPEAL (6 vols.), Exhibits, Depositions (7), & Transcripts (13) (Not rec'd: #43 (Order to | |
| 4 | 07/31/2002 | Compel Discovery & For Sanctions Against Defendant Chicago Pneumatic Tool Co.) which clerk | |
| 5 | 07/31/2002 | indicates was missing from file); Exhibit Nos. 145, 146, 166, 167, 168,169,170,172,174,176,177, | |
| 6 | 07/31/2002 | 178,188,189,192,&197, which clerk did not sent pursuant to Rule 11; Exhibit #191 (Older Model of CP | |
| 7 | 07/31/2002 | Impact Hammer, which the trial record does not show that it was offered & received; & Exhibit Nos. | |
| 8 | 07/31/2002 | Impact Hammer) which the trial record does not show was offered & received; & Exhibit Nos. | |
| 9 | 07/31/2002 | 194,195,&196 which the record shows were withdrawn. | |
| 10 | 08/01/2002 | TRANSCRIPTS DATED 4-10-00; 4-11-00; 4-12-00; 4-13-00; 4-14-00; 4-17-00; 4-18-00; 4-19-00; & 4-20-00 | |
| 11 | 08/01/2002 | (9 VOLS.) (NOTE: ORIGINALS ARE PART OF THE ROA Entry Nos. 306 through 314) | |
| 12 | 08/01/2002 | DISK(3)(April 10,11,12,13,14,17,18,19,&20,2000) | |
| 13 | 08/08/2002 | TRANSCRIPTS DATED February 5, 2001 and April 12, 2002 | |
| 14 | 08/08/2002 | DISK - TRAs dated 02-05-01 & 04/12/02 | |
| 15 | 08/19/2002 | Letter from Jerry Evenson dated 8-16-02 RE: No longer need to copy him on our correspondence | |
| 16 | 08/23/2002 | MOT. EXT/TIME TRANSCRIPT (sua sponte) | |
| 17 | 08/23/2002 | ACTION BY CLERK (sua sponte) - Granted : 08/23/2002 | |
| 18 | 08/23/2002 | TRANSCRIPT DATED July 14, 2000 | |
| 19 | 08/23/2002 | DISK - transcript dated July 14, 2002 (e-mailed) | |
| 20 | 10/01/2002 | MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, & Affidavit in Support | |
| 21 | 10/01/2002 | ACTION BY CLERK - Granted : 10/15/2002 | |
| 22 | 10/15/2002 | Rec'd Pl. exh.145,146,166,167,168,169,170,172,174,176,177,178,188,&189-delivered by counsel for AT | |
| 23 | 10/15/2002 | MOT. EXT/TIME APPELLANT BRIEF | |
| 24 | 10/15/2002 | ACTION BY CLERK - Granted : 10/18/2002 | |
| 25 | 10/18/2002 | APPELLANT BRIEF | View |
| 26 | 10/18/2002 | APPELLANT APPENDIX | |
| 27 | 10/18/2002 | DISK - ATB | |
| 28 | 11/18/2002 | MOTION TO DISMISS - RspDue : 12/13/2002 | |
| 29 | 11/18/2002 | NO ACTION TAKEN (Mot. to be heard w/merits) | |
| 30 | 11/20/2002 | MOT. EXT/TIME APPELLEE BRIEF | |
| 31 | 11/20/2002 | ACTION BY CHIEF JUSTICE (MAE) - Granted : 11/27/2002 | |
| 32 | 11/20/2002 | MOT. EXT/TIME REPLY BRIEF (sua sponte) | |
| 33 | 11/20/2002 | ACTION BY CLERK (by 4 p.m. in this office and personally served on Mr. Kettleson) - Granted : 12/13/2002 | |
| 34 | 11/21/2002 | MOTION FOR ADMISSION OF THOMAS H. FEGAN PRO HAC VICE, BRIEF/SUPPORT, AFF/OF THOMAS FEGAN, | |
| 35 | 11/21/2002 | AND AFF. OF JEROME KETTLESON | |
| 36 | 11/21/2002 | ACTION BY CLERK (MOT/PRO HAC VICE) - Granted | |
| 37 | 11/26/2002 | Request to combine Response to Motion to Dismiss & Reply Brief (Letter form) | |
| 38 | 11/27/2002 | ACTION BY CHIEF JUSTICE (combined RYB & Response are due by 12-13-02) to be within page/word limit - Granted | |
| 39 | 11/27/2002 | for RYB | |
| 40 | 11/27/2002 | APPELLEE BRIEF | View |
| 41 | 11/27/2002 | DISK | |
| 42 | 12/12/2002 | Notice of Withdrawal of Appearance and Affidavit of Stephen C. Embry | |
| 43 | 12/13/2002 | REPLY BRIEF | View |
| 44 | 12/13/2002 | Response to Motion to Dismiss (combined with RYB) | |
| 45 | 12/13/2002 | DISK - RYB | |
| 46 | 12/16/2002 | Original Notice of Withdrawal of Appearance of Stephen Embry (same as faxed copy filed 12/12/02) | |
| 47 | 12/17/2002 | APPEARANCES: Robert V. Bolinske, Charles T. Edin; Thomas H. Fegan, Jerome C. Kettleson | |
| 48 | 12/17/2002 | ARGUED: Bolinske; Fegan (Vol. Y; Page 71) | |
| 49 | 12/17/2002 | ORAL ARGUMENT WEBCAST | |
| 50 | 12/17/2002 | MOTION FOR EXTENSION OF PAGE LIMITS FOR RYB | |
| 51 | 12/17/2002 | ACTION BY CHIEF JUSTICE (MOT/Ext Page Limits) - Granted | |
| 52 | 03/05/2003 | DISPOSITION | |
| 53 | 03/05/2003 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 54 | 03/05/2003 | Costs on appeal taxed in favor of appellee | |
| 55 | 03/07/2003 | Order/Judgment Mailed to Parties | |
| 56 | 03/19/2003 | PETITION FOR REHEARING | View |
| 57 | 03/20/2003 | DISK - PER | |
| 58 | 03/26/2003 | ACTION BY SUPREME COURT (PER) - Denied | |
| 59 | 04/01/2003 | MOTION TO STAY ISSUANCE OF MANDATE | |
| 60 | 04/01/2003 | ACTION BY CLERK - Granted | |
| 61 | 05/01/2003 | MOTION TO EXTEND STAY OF ISSUANCE OF MANDATE OF SUPREME COURT (copy of Motion to Stay attach.) | |
| 62 | 05/01/2003 | ACTION BY ACTING CHIEF JUSTICE (Mot. to Ext. Stay) | |
| 63 | 06/12/2003 | MOTION TO EXTEND STAY OF ISSUANCE OF MANDATE & AFFIDAVIT OF SERVICE | |
| 64 | 06/12/2003 | ACTION BY CHIEF JUSTICE - Granted : 07/01/2003 | |
| 65 | 07/15/2003 | MANDATE | |
| 66 | 07/17/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 67 | 08/01/2008 | EXPUNGED - Nonpermanent record items destroyed |