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.
(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 |