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Hayden, et al. v. Medcenter One, Inc., et al.

Docket No. 20120337
Oral Argument: Monday, December 3, 2012 9:00am

Docket Info

Title
Arthur M. Hayden and Joy Lynn
Hayden, as co-conservators and
co-guardians of Todd Lowell Hayden,
and in their individual capacity and
Smith Bakke Porsborg Schweigert
& Armstrong, Plaintiffs and Appellants
v.
Medcenter One, Inc., Medcenter One
Living Centers, Billings Clinic,
and Sidney Health Center, Defendants
---------------
Medcenter One, Inc., Medcenter One
Living Centers, and Billings Clinic, Appellees
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2012-CV-00207
South Central Judicial District, Burleigh County
Thomas J. Schneider
2013 ND 46828 N.W.2d 775
Oral Argument 12/3/2012

Highlight

The proper method for a party to seek additional time for discovery is to make a motion under N.D.R.Civ.P. 56(f).
The essential element in recovering under the theory of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
To prevail on a claim based on quantum meruit, the claimant must establish the recipient accepted benefits under circumstances which would reasonably notify the recipient that the claimant had an expectation of payment for the services rendered.
Equitable estoppel does not by itself give rise to a cause of action, and it cannot be used to create an enforceable agreement between the parties.
While parties who depend on the outcome of the litigation to recover their share of the funds are required to share in the costs of the litigation under the common fund doctrine, hospital lien creditors are entitled to payment regardless of the outcome of the litigation and therefore are not required to share in the litigation costs.


Briefs

Filing Date Description
10/10/2012 APPELLANT BRIEF View
11/12/2012 APPELLEE BRIEF (Billings Clinic) View
11/12/2012 APPELLEE BRIEF View
11/27/2012 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLEE PRIVATE PRACTICE Amy Marie Oster - 06593
APPELLANT PRIVATE PRACTICE Shawn Arlin Grinolds - 05407
APPELLEE PRIVATE PRACTICE Lance Daryl Schreiner - 03618
APPELLEE PRIVATE PRACTICE Tracy Vigness Kolb - 05338
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 08/31/2012 NOTICE OF APPEAL : 08/31/2012
2 08/31/2012 ORDER FOR TRANSCRIPT : 08/31/2012
3 08/31/2012 TRANSCRIPT DATED 5/07/2012 & C.O.S.
4 08/31/2012 DISK-Transcript dated 05/07/2012 (e-mailed)
5 09/06/2012 Received corrected Page 34 for 5/7/12 transcript
6 09/27/2012 ELEC. RECORD ON APPEAL DATED SEPTEMBER 26, 2012 (ENTRY NOS. 1-132)
7 10/05/2012 Updated Affidavit of Christopher C. Voigt
8 10/10/2012 APPELLANT BRIEF View
9 10/10/2012 E-FILED BRIEF
10 10/10/2012 APPELLANT APPENDIX
11 10/10/2012 E-FILED APPENDIX
12 10/11/2012 Received $83 surcharge for ATB and ATA (Receipt #21540)
13 10/12/2012 Received additional $1.50 surcharge for ATA (Receipt #21545)
14 10/10/2012 Received 7 copies of ATB from CSD
15 10/10/2012 Received 6 copies of ATA from CSD
16 11/12/2012 APPELLEE BRIEF (Billings Clinic) View
17 11/12/2012 E-FILED BRIEF (Billings Clinic)
18 11/14/2012 Received $25 surcharge for AEB (Receipt#21578)
19 11/12/2012 APPELLEE BRIEF View
20 11/12/2012 E-FILED BRIEF
21 11/12/2012 APPELLEE APPENDIX
22 11/12/2012 E-FILED APPENDIX
23 11/14/2012 Received $25 surcharge for AEB (Receipt #21577)
24 11/15/2012 Received 7 copies of AEB (Billings Clinic) from CSD
25 11/16/2012 Received 7 copies of AEB from CSD.
26 11/16/2012 Received 6 copies of AEA from CSD.
27 12/20/2012 NOTICE OF ORAL ARGUMENT SENT
28 11/21/2012 Received $4.50 surcharge for ATA (Receipt #21590)
29 11/27/2012 REPLY BRIEF View
30 11/27/2012 E-FILED BRIEF
31 11/28/2012 Recieved 7 copies of RYB from Central Duplicating
32 12/03/2012 APPEARANCES: Randall Bakke; Lance Schreiner; Tracy Vigness Kolb; Amy Oster; Christopher Voigt
33 12/03/2012 ARGUED: Randall Bakke; Tracy Vigness Kolb; Christopher Voigt
34 12/03/2012 ORAL ARGUMENT WEBCAST
35 04/04/2013 DISPOSITION
36 04/04/2013 UNANIMOUS OPINION : Kapsner, Carol Ronning View
37 04/04/2013 Costs on appeal taxed in favor of appellees
38 04/05/2013 Judgment Sent to Parties
39 05/01/2013 MANDATE
40 05/06/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE