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Loper v. Adams

Docket No. 20100101
Oral Argument: Tuesday, September 7, 2010 2:45pm

Docket Info

Title
Kenneth Loper, Plaintiff and Appellant
v.
William Adams, Defendant and Appellee
Case Type
CIVIL APPEAL : PERSONAL INJURY
Appeal From
Case No. 08-C-00028
Southeast Judicial District, Kidder County
Gail Hagerty
2011 ND 68795 N.W.2d 899
Oral Argument 9/7/2010

Highlight

The district court has discretion in determining appropriate sanctions for a party's failure to timely supplement interrogatories by disclosing the identity of an expert witness and the substance of the expert's testimony.
A party moving for enlargement of time under N.D.R.Civ.P. 6(b)(2) after the original deadline has passed has the burden to demonstrate that his failure to timely comply was the result of excusable neglect, and the district court has broad discretion in determining whether to allow additional time.
The determination whether certain conduct is a superseding, intervening cause is a question of fact.

Briefs

Filing Date Description
05/10/2010 APPELLANT BRIEF (E-FILED) View
06/09/2010 APPELLEE BRIEF (e-filed) View
06/22/2010 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Rudra Tamm - 06103
APPELLEE PRIVATE PRACTICE Scott Kenneth Porsborg - 04904
APPELLEE PRIVATE PRACTICE David Ray Phillips - 06116

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

Seq. # Filing Date Description Attachment
1 03/31/2010 NOTICE OF APPEAL : 03/30/2010
2 03/31/2010 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
3 04/27/2010 RECORD ON APPEAL and Separate No. 19
4 05/10/2010 APPELLANT BRIEF (E-FILED) View
5 05/10/2010 E-FILED BRIEF (atb)
6 05/10/2010 APPELLANT APPENDIX (E-FILED)
7 05/10/2010 E-FILED APPENDIX (ata)
8 05/11/2010 Received $25 surcharge for ATB (Receipt #19487)
9 05/14/2010 Received 7 copies of ATB from CSD
10 05/14/2010 Received 6 copies of ATA from CSD
11 06/09/2010 APPELLEE BRIEF (e-filed) View
12 06/09/2010 E-FILED BRIEF (AEB)
13 06/09/2010 APPELLEE APPENDIX (e-filed)
14 06/09/2010 E-FILED APPENDIX (AEA)
15 06/10/2010 Received $25 surcharge for AEB (Receipt #19669)
16 06/11/2010 Received 7 copies of AEB from CSD
17 06/11/2010 Received 6 copies of AEA from CSD
18 06/22/2010 REPLY BRIEF of Appellant (e-filed) View
19 06/22/2010 E-FILED BRIEF (RYB)
20 06/22/2010 Received 7 copies of RYB from CSD
21 07/28/2010 NOTICE OF ORAL ARGUMENT SENT
22 08/16/2010 SITTING WITH THE COURT : McCullough, Steven E.
23 09/07/2010 APPEARANCES: Rudra Tamm; Scott K. Porsborg & David R. Phillips
24 09/07/2010 ARGUED: Tamm; Porsborg
25 09/07/2010 ORAL ARGUMENT WEBCAST
26 03/25/2011 DISPOSITION
27 03/25/2011 UNANIMOUS OPINION : Maring, Mary Muehlen View
28 03/25/2011 Costs on appeal taxed in favor of Appellant.
29 03/28/2011 Judgment Sent to Parties
30 04/18/2011 MANDATE
31 04/20/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
32 05/24/2011 Corrected Opinion Page 7
33 02/15/2021 EXPUNGED - Nonpermanent record items destroyed