Solid Comfort, Inc. v. Hatchett Hospitality, Inc., et al.
Docket No. 20120415
Oral Argument:
Monday, April 29, 2013 2:45pm
Docket Info
- Title
- Solid Comfort, Inc. Plaintiff and Appellant
v.
Hatchett Hospitality Incorporated, Defendant
and
Hospitality Depot, LLC,
Nu Horizon Renovation, LLC, and
William Glenn Hatchett, individually, Defendants and Appellees - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2012-CV-01699
East Central Judicial District, Cass County
Steven L. Marquart
2013 ND 152836 N.W.2d 415
Oral Argument
4/29/2013
Highlight
If personal jurisdiction us challenged, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.
The court first must decide whether the requirements of the state's long-arm provision are satisfied and, if so, then must decide whether the exercise of personal jurisdiction comports with due process.
Review of a district court's decision on personal jurisdiction presents a question of law, reviewed under the de novo standard.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/29/2012 | NOTICE OF APPEAL : 11/29/2012 | |
| 2 | 11/29/2012 | ORDER FOR TRANSCRIPT : 11/29/2012 | |
| 3 | 12/07/2012 | TRANSCRIPT DATED July 12, 2012 & C.O.S. | |
| 4 | 12/10/2012 | DISK (tra 7-12-12)(e-mailed) | |
| 5 | 12/27/2012 | ELEC. RECORD ON APPEAL DATED DECEMBER 26, 2012 (ENTRY NOS. 1-99) | |
| 6 | 01/03/2013 | MOTION TO DISMISS & Motion for Damages and Costs --- WITHDRAWN - RspDue : 01/22/2013 | |
| 7 | 01/22/2013 | Response Filed to Motion to Dismiss | |
| 8 | 01/22/2013 | MOTION FOR Damages (costs and attorney's fees) (in response) | |
| 9 | 01/22/2013 | EFILED RESPONSE | |
| 10 | 01/24/2013 | Request from Appellees to withdraw Motion to Dismiss | |
| 11 | 01/30/2013 | ACTION BY SUPREME COURT Allow withdrawal of Motion to Dismiss - Granted | |
| 12 | 01/30/2013 | NO ACTION TAKEN on Motion to Dismiss | |
| 13 | 01/30/2013 | ACTION BY SUPREME COURT (Appellant awarded $2,500 in costs and attorney's fees) - Granted | |
| 14 | 01/31/2013 | MOT. EXT/TIME APPELLANT BRIEF (by court) | |
| 15 | 01/31/2013 | ACTION BY CLERK - Granted : 02/14/2013 | |
| 16 | 02/14/2013 | APPELLANT BRIEF | View |
| 17 | 02/14/2013 | E-FILED BRIEF | |
| 18 | 02/14/2013 | APPELLANT APPENDIX | |
| 19 | 02/14/2013 | E-FILED APPENDIX | |
| 20 | 02/19/2013 | Received $78.00 e-filing surcharge for ATB & ATA (receipt #21699) | |
| 21 | 03/01/2013 | Received 7 copies of ATB from Central Duplicating | |
| 22 | 03/01/2013 | Received 6 copies of ATA from Central Duplicating | |
| 23 | 03/15/2013 | Received non substantive corrections to AEB (TOC para #'s) | |
| 24 | 03/15/2013 | DISK(aeb)(e-mailed) | |
| 25 | 03/18/2013 | NOTICE OF ORAL ARGUMENT SENT | |
| 26 | 03/15/2013 | APPELLEE BRIEF (PDF) | View |
| 27 | 03/15/2013 | E-FILED BRIEF (PDF) | |
| 28 | 03/15/2013 | APPELLEE APPENDIX | |
| 29 | 03/15/2013 | E-FILED APPENDIX | |
| 30 | 03/19/2013 | Rcv'd 7 copies of AEB from CSD | |
| 31 | 03/19/2013 | Rcv'd 6 copies of AEA from CSD | |
| 32 | 03/20/2013 | Rcv'd $25 surcharge for AEB & AEA (receipt #21759) | |
| 33 | 03/26/2013 | Motion for Judicial Notice and to Supplement the Record - RspDue : 04/09/2013 | |
| 34 | 03/26/2013 | E-FILED MOTION | |
| 35 | 03/28/2013 | MOTION TO AMEND APPELLEE'S BRIEF WITH AFFIDAVIT AND BRIEF IN SUPPORT OF MOTION | |
| 36 | 03/29/2013 | Received non-substantive corrections to Appellee's Brief and Appendix title page & C.O.S. | |
| 37 | 03/29/2013 | REPLY BRIEF (PDF) | View |
| 38 | 03/29/2013 | E-FILED BRIEF (PDF) | |
| 39 | 03/29/2013 | Reply Brief Appendix | |
| 40 | 03/29/2013 | E-FILED APPENDIX (Reply Brief) | |
| 41 | 04/01/2013 | MOTION TO TAKE JUDICIAL NOTICE AND TO SUPPLEMENT THE RECORD TO BE HEARD WITH THE MERITS | |
| 42 | 04/01/2013 | MOTION TO AMEND APPELLEE'S BRIEF TO BE HEARD WITH THE MERITS | |
| 43 | 04/02/2013 | Rcv'd 7 copies of RYB and 6 copies of RYB Appendix | |
| 44 | 04/03/2013 | Response Filed to Motion to Take Judicial Notice Supplement the Record | |
| 45 | 04/03/2013 | EFILED RESPONSE | |
| 46 | 04/29/2013 | APPEARANCES: Katrina A. Turman Lang; Jason R. Butts; Amy M. Clark | |
| 47 | 04/29/2013 | ARGUED: Katrina A. Turman Lang; Jason R. Butts | |
| 48 | 04/29/2013 | ORAL ARGUMENT WEBCAST | |
| 49 | 08/29/2013 | ACTION BY SUPREME COURT (Mot. to Take Judicial Notice and Supp. Record) - Denied | |
| 50 | 08/29/2013 | ACTION BY SUPREME COURT (Mot. to Amend AEB) - Denied | |
| 51 | 08/29/2013 | DISPOSITION (AND REMANDED) | |
| 52 | 08/29/2013 | SPLIT OPINION : Kapsner, Carol Ronning | View |
| 53 | 08/29/2013 | (CONCURRING IN THE RESULT) : Crothers, Daniel John | |
| 54 | 08/29/2013 | Costs on appeal taxed in favor of appellant | |
| 55 | 08/30/2013 | Judgment Sent to Parties | |
| 56 | 09/26/2013 | MANDATE | |
| 57 | 10/02/2013 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 58 | 10/29/2021 | EXPUNGED - Nonpermanent record items destroyed |