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Darby v. Swenson, Inc.

Docket No. 20080215
Oral Argument: Monday, February 9, 2009 9:30am

Docket Info

Title
Craig Darby, Plaintiff and Appellant
v.
Swenson Inc., D/B/A
Swenson RV & Equipment, Defendant and Appellee
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 08-C-00451
North Central Judicial District, Ward County
William W. McLees
2009 ND 103767 N.W.2d 147
Oral Argument 2/9/2009

Highlight

A district court has wide discretion in deciding matters relating to amending pleadings after the time for an amendment as a matter of course has passed.
A district court does not abuse its discretion in denying a motion to amend the complaint when such an amendment would be a futile act.
An amendment is futile for purposes of determining whether leave to amend should be granted, if the added claim would not survive a motion for summary judgment.
All warranties may be properly excluded if that exclusion is part of the bargain between the parties.


Briefs

Filing Date Description
11/12/2008 APPELLANT BRIEF (e-filed) View
01/12/2009 APPELLEE BRIEF View
01/29/2009 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE John David Sear - 05679
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/04/2008 NOTICE OF APPEAL : 09/03/2008
2 10/06/2008 RECORD ON APPEAL
3 10/08/2008 MOT. EXT/TIME APPELLANT BRIEF
4 10/08/2008 E-FILED MOTION
5 10/08/2008 ACTION BY CLERK - Granted : 11/12/2008
6 10/10/2008 Rule 3.A.5(a) Updated Affidavit of Nathan J. Marcusen in Support of Admission Pro Hac Vice
7 10/10/2008 (Authorized)
8 10/13/2008 Transcript dated June 3, 2008
9 10/13/2008 DISK - TRA of 6-3-08
10 11/12/2008 APPELLANT BRIEF (e-filed) View
11 11/12/2008 E-FILED BRIEF (ATB)
12 11/14/2008 Received $25 surcharge plus $4 surcharge for ATA in excess of 100 pgs (Receipt #18614).
13 11/17/2008 APPELLANT APPENDIX (e-filed) Faxed
14 11/17/2008 E-FILED APPENDIX (ATA) Faxed
15 11/18/2008 Received 7 copies of ATB from Central Duplicating.
16 11/18/2008 Received 6 copies of ATA from Central Duplicating.
17 11/26/2008 MOT. EXT/TIME APPELLEE BRIEF
18 11/26/2008 ACTION BY CLERK - MAE - Granted : 01/11/2009
19 01/12/2009 APPELLEE BRIEF View
20 01/12/2009 APPELLEE APPENDIX
21 01/14/2009 DISK-AEB (CD-ROM)
22 01/26/2009 MOT. EXT/TIME REPLY BRIEF & Affidavit in Support(faxed)
23 01/26/2009 E-FILED MOTION (Mot/Ext/RYB) (faxed)
24 01/26/2009 ACTION BY Deputy CLERK (Mot/Ext/Time/RYB) - Granted : 01/30/2009
25 01/27/2009 Letter request for Mr. Marcusen to appear w/o ND counsel (faxed)
26 01/27/2009 E-FILED MOTION (Request to appear w/o ND Counsel) (faxed)
27 01/27/2009 ACTION BY ACTING CHIEF JUSTICE (Request to appear w/o ND counsel) - Granted
28 01/29/2009 REPLY BRIEF (e-filed) View
29 01/29/2009 E-FILED BRIEF (RYB)
30 02/09/2009 APPEARANCES: Michael Ward; Nathan Marcusen and Nathan Swenson
31 02/09/2009 ARGUED: Ward; Marcusen
32 02/09/2009 ORAL ARGUMENT WEBCAST
33 06/17/2009 DISPOSITION
34 06/17/2009 UNANIMOUS OPINION : Maring, Mary Muehlen View
35 06/17/2009 Costs on appeal taxed in favor of Appellee.
36 06/18/2009 Judgment Mailed to Parties
37 07/16/2009 MANDATE
38 07/20/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE