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Clausnitzer v. Tesoro Refining and Marketing Co.

Docket No. 20120107
Oral Argument: Monday, June 18, 2012 2:45pm

Docket Info

Title
Tim Clausnitzer, Plaintiff and Appellant
v.
Tesoro Refining and
Marketing Company, Defendant and Appellee
Case Type
CIVIL APPEAL : EMPLOYER/EMPLOYEE DISPUTE
Appeal From
Case No. 10-C-00759
South Central Judicial District, Morton County
Gail Hagerty
2012 ND 172820 N.W.2d 665
Oral Argument 6/18/2012

Highlight

To establish a prima facie case of lawful activity discrimination under the Human Rights Act, the plaintiff must raise a genuine issue of material fact that he participated in lawful activity off the employer's premises during nonworking hours which was not in direct conflict with the essential business-related interests of the employer.
The strong societal public policy of preventing people from drinking and driving is embodied in the caselaw, the applicable regulations, statutory laws, and pure common sense.

Briefs

Filing Date Description
05/01/2012 APPELLANT BRIEF View
05/31/2012 APPELLEE BRIEF View
06/11/2012 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Sean Thomas Foss - 06422
APPELLANT PRIVATE PRACTICE Timothy Michael O'Keeffe - 05636
APPELLEE PRIVATE PRACTICE Clark Jay Bormann - 04655
APPELLEE PRIVATE PRACTICE Sophie Young Morgan - 06592

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

Seq. # Filing Date Description Attachment
1 02/15/2012 NOTICE OF APPEAL : 02/14/2012
2 02/15/2012 ORDER FOR TRANSCRIPT : 02/14/2012
3 02/15/2012 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
4 03/13/2012 ELEC. RECORD ON APPEAL dated March 12, 2012 (ENTRY NOS. 1-91)
5 03/27/2012 TRANSCRIPT DATED January 6, 2012 & C.O.S.
6 03/27/2012 DISK - tra (1/6/12) (e-mailed)
7 03/28/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.92 & 93)
8 05/01/2012 APPELLANT BRIEF View
9 05/01/2012 APPELLANT APPENDIX
10 05/01/2012 DISK - atb (e-mailed)
11 05/04/2012 Received add'l copy of ATA
12 05/17/2012 NOTICE OF ORAL ARGUMENT SENT
13 05/21/2012 SITTING WITH THE COURT : Narum, Daniel D.
14 05/29/2012 Request for Radio/TV Coverage Associated Press approved
15 05/31/2012 APPELLEE BRIEF View
16 05/31/2012 APPELLEE APPENDIX
17 05/31/2012 DISK (AEB) (e-mailed)
18 06/11/2012 Received corrections to RYB (Word limit)
19 06/11/2012 REPLY BRIEF View
20 06/11/2012 DISK-RYB (e-mailed)
21 06/18/2012 APPEARANCES: Timothy M. O'Keeffe; Sean T. Foss; Clark J. Bormann; Sophie Y. Morgan
22 06/18/2012 ARGUED: Sean T. Foss; Clark J. Bormann
23 06/18/2012 ORAL ARGUMENT WEBCAST
24 08/20/2012 DISPOSITION
25 08/20/2012 UNANIMOUS OPINION : Crothers, Daniel John View
26 08/20/2012 (CONCUR in the Result) : VandeWalle, Gerald W.
27 08/20/2012 Costs on appeal taxed in favor of Appellee
28 08/21/2012 Judgment Sent to Parties
29 09/11/2012 MANDATE
30 09/14/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 10/07/2021 EXPUNGED - Nonpermanent record items destroyed