Ramirez v. Walmart
Docket No. 20180027
Oral Argument:
Thursday, May 31, 2018 2:45 PM
Docket Info
- Title
- David A. Ramirez, Plaintiff and Appellant
v.
Walmart, Defendant and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2017-CV-00651
Southeast Judicial District, Stutsman County
Cherie LaVonne Clark
2018 ND 179915 N.W.2d 674
Oral Argument
5/31/2018
Highlight
Although an order dismissing a complaint without prejudice is generally not appealable, when a statute of limitations has run, a dismissal without prejudice is appealable because it forecloses litigation in the plaintiff's chosen forum.
The retaliatory discharge statute prohibits an employer from discharging an employee for reporting illegalities, and was not intended to protect an employee who acts for a purpose other than exposing an illegality.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Christopher Robert Hedican - 06798 |
| APPELLANT | PRO SE | David A. Ramirez |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/17/2018 | NOTICE OF APPEAL : 01/10/2018 | |
| 2 | 01/18/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 01/18/2018 | Notice served on David A. Ramirez & Christopher R. Hedican | |
| 4 | 02/21/2018 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) | |
| 5 | 02/12/2018 | ELEC. RECORD ON APPEAL DATED FEBRUARY 9, 2018 (ENTRY NOS.1-15) | |
| 6 | 02/21/2018 | ACTION BY CHIEF DEPUTY CLERK (sua sponte) - Granted : 03/23/2018 | |
| 7 | 02/23/2018 | APPELLANT BRIEF (filed subject to approval of the Court) | View |
| 8 | 02/28/2018 | APPELLANT APPENDIX | |
| 9 | 03/01/2018 | Received non-substantive corrections to ATA (ROA) | |
| 10 | 03/01/2018 | Received electronic copy of ATB from Appellant | |
| 11 | 03/01/2018 | DISK NONCOMPLIANCE (scanned only) | |
| 12 | 03/12/2018 | Received non-substantive correction to ATA with C.O.S. (ROA sheet) | |
| 13 | 03/01/2018 | DOCUMENT RECEIVED - NOT FILED (ATB & ATA docs filed per Appellant e-mail did not file) | |
| 14 | 03/09/2018 | Received notice Appellant will not file motion to supplement ATB & ATA | |
| 15 | 03/26/2018 | APPELLEE BRIEF W/ADDENDUM (PDF) (non-substantive corrections to brief signed March 29, 2018) | View |
| 16 | 03/26/2018 | E-FILED BRIEF | |
| 17 | 04/02/2018 | Received AEB $25 e-filing surcharge (Receipt #26022) | |
| 18 | 04/04/2018 | Received non-substantive correction to AEB (TOC) | |
| 19 | 04/04/2018 | Received 6 copies of AEB from Central Duplicating | |
| 20 | 04/05/2018 | REPLY BRIEF | View |
| 21 | 04/05/2018 | DISK (e-mail) | |
| 22 | 04/06/2018 | Received 7 copies of RYB from pro-se Appellant | |
| 23 | 04/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 24 | 04/24/2018 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
| 25 | 05/31/2018 | APPEARANCES: David A. Ramirez; Christopher R. Hedican | |
| 26 | 05/31/2018 | ARGUED: David A. Ramirez; Christopher R. Hedican | |
| 27 | 05/31/2018 | ORAL ARGUMENT WEBCAST | |
| 28 | 07/18/2018 | DISPOSITION | |
| 29 | 07/18/2018 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 30 | 07/18/2018 | Costs taxed in favor of Appellee | |
| 31 | 07/19/2018 | Judgment Sent to Parties on July 19, 2018 | |
| 32 | 07/31/2018 | PETITION FOR REHEARING AND ADDENDUM | |
| 33 | 07/31/2018 | DISK NONCOMPLIANCE (scanned) | |
| 34 | 08/28/2018 | ACTION BY SUPREME COURT - Denied | |
| 35 | 09/05/2018 | MOTION FOR Stay of Mandate | |
| 36 | 09/06/2018 | ACTION BY CHIEF JUSTICE - Granted : 10/05/2018 | |
| 37 | 09/20/2018 | MOTION FOR Stay of Mandate | |
| 38 | 09/20/2018 | E-FILED MOTION | |
| 39 | 09/26/2018 | ACTION BY CHIEF JUSTICE - Granted : 12/01/2018 | |
| 40 | 12/13/2018 | MANDATE | |
| 41 | 12/18/2018 | Notice of filing Petition for Writ of Certiorari to U.S. Supreme Court | |
| 42 | 02/22/2019 | Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari |