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Ayling v. Sens, et al.

Docket No. 20180231
Oral Argument: Thursday, January 10, 2019 2:45 PM

Docket Info

Title
Robin E. Ayling, individually and as parent of
Blake Christopher Ayling, deceased, Plaintiff and Appellant
v.
Mary Ann Sens, M.D., Ph.D., individually, as
Grand Forks County Coroner ;
as North Dakota State Forensic Examiner
Pathologist Designee ; and as
Co-Director of the University of North Dakota
School of Medicine and Health Sciences
Forensic Pathology Practice Facility, Defendant and Appellee
and
University of North Dakota, a public
University of the North Dakota University
System, Dr. Mark Koponen, individually and
as Co-Director of the University of North
Dakota School of Medicine and Health
Sciences Forensic Pathology Practice Facility,
and Dr. Joshua Wynn individually and in his
official capacity as Dean of the University of
North Dakota School of Medicine and Health
Sciences including the Forensic Pathology
Practice Facility, Defendants and Appellees
and
Grand Forks County, as a political subdivision
and its States Attorney David Jones in his official
capacity and individually, and its Commissioners
in their official capacity as a Board and
individually, specifically Gary Malm, David Engen,
Tom Falck, Diane Knauf, and Cynthia Pic, Defendants and Appellees
and
Dr. William Massella, individually and in his
official capacity as North Dakota State
Forensic Examiner, Defendant and Appellee
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2017-CV-00889
Northeast Central Judicial District, Grand Forks County
Steven E. McCullough
2019 ND 114926 N.W.2d 147
Oral Argument 1/10/2019

Highlight

An action barred by a statute of limitations generally is dismissed under the summary judgment standards of N.D.R.Civ.P. 56.

Determining when a cause of action accrues is normally a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.

Briefs

Filing Date Description
09/28/2018 APPELLANT BRIEF & ADDENDUM View
10/26/2018 APPELLEE BRIEF View
10/29/2018 APPELLEE BRIEF View
11/13/2018 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Joseph Elmer Quinn - 06538
APPELLEE PRIVATE PRACTICE Daniel Lee Gaustad - 05282
APPELLEE PRIVATE PRACTICE Matt Alexander Paulson - 08196
APPELLEE PRIVATE PRACTICE Randall Shane Hanson - 04876
APPELLANT PRO SE Robin E. Ayling

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

Seq. # Filing Date Description Attachment
1 06/06/2018 NOTICE OF APPEAL : 06/06/2018
2 06/06/2018 ORDER FOR TRANSCRIPT : 06/11/2018
3 06/06/2018 Rec'd $125 filing fee (receipt 26212)
4 06/08/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/08/2018 Notice served on Robin E. Ayling, Randall S. Hanson, Megan J. Flom and Daniel L. Gaustad
6 07/05/2018 ELEC. RECORD ON APPEAL DATED JULY 3, 2018 (ENTRY NOS. 1 - 89,91 - 198, 201 - 279, 281 - 289) ITEMS
7 07/05/2018 NOT RECIEVED, ENTRY NO. 90
8 08/06/2018 ELECTRONIC TRANSCRIPTS DATED JULY 6, 2017, NOVEMBER 8, 2017 & C.O.S.
9 09/15/2018 Rec'd non-compliant ATB,ATA & ADD
10 09/21/2018 MOT. EXT/TIME APPELLANT BRIEF
11 09/21/2018 ACTION BY CLERK - Granted : 09/28/2018
12 09/26/2018 MOTION FOR additional words for Appellant's brief
13 09/26/2018 E-FILED MOTION
14 09/26/2018 ACTION BY CHIEF JUSTICE - Denied
15 09/28/2018 Rec'd compliant ATB, ATA & ADD
16 09/28/2018 APPELLANT BRIEF & ADDENDUM View
17 09/28/2018 E-FILED BRIEF
18 09/28/2018 APPELLANT APPENDIX
19 09/28/2018 E-FILED APPENDIX
20 10/02/2018 Rec'd $25 surcharge ATB; & $10.50 for part of AX1 (Receipt #26630)
21 10/03/2018 Rec'd nonsubstantive corrections ax1 (Missing pages 151-175)
22 10/05/2018 Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating
23 10/09/2018 Rec'd remaining fee $97 for AX1 (Receipt #26645)
24 10/26/2018 APPELLEE BRIEF View
25 10/26/2018 E-FILED BRIEF (PDF) (Grand Forks County)
26 10/29/2018 Rec'd $25 e-filing surcharge for AEB (Grand Forks County) (receipt # 26689)
27 10/29/2018 APPELLEE BRIEF View
28 10/29/2018 E-FILED BRIEF (PDF) (Sens, et al.)
29 11/01/2018 Rec'd $25 e-filing surcharge for AEB (Sens, et al.) (receipt # 26702)
30 11/01/2018 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
31 11/02/2018 Rec'd 6 copies of AEB ( Sens, et at.) back from Central Duplicating
32 11/02/2018 Rec'd 6 copies of AEB ( Grand Forks County) back from Central Duplicating
33 11/14/2018 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
34 11/13/2018 REPLY BRIEF View
35 11/13/2018 E-FILED BRIEF
36 11/15/2018 Rec'd 6 copies of RYB from CSD
37 12/17/2018 NOTICE OF ORAL ARGUMENT SENT
38 12/19/2018 SITTING WITH THE COURT : Clark, Cherie LaVonne
39 12/19/2018 SITTING WITH THE COURT : Schmidt, Robin Ann
40 12/28/2018 MOTION FOR Judicial Notice (surcharge received 1/7/19)
41 01/09/2019 State Appellee's object, but no specific response filed unless requested by the Court
42 01/09/2019 Motion For Judicial Notice To Be Heard With the Merits
43 01/10/2019 APPEARANCES: Robin E. Ayling; Joseph E. Quinn; Matt A. Paulson
44 01/10/2019 ARGUED: Robin E. Ayling; Joseph E. Quinn; Matt A. Paulson
45 01/10/2019 ORAL ARGUMENT WEBCAST
46 04/25/2019 DISPOSITION
47 04/25/2019 UNANIMOUS OPINION : Tufte, Jerod E. View
48 04/25/2019 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEES
49 04/25/2019 NO ACTION TAKEN (motion for judicial notice)
50 04/26/2019 Judgment Sent to Parties
51 05/10/2019 Non-compliant PER rec'd; given until 5-17-19 to revise (word count)
52 05/17/2019 PETITION FOR REHEARING View
53 05/21/2019 Rec'd 6 copies of PER from CSD
54 07/24/2019 ACTION BY SUPREME COURT - Denied
55 07/31/2019 MOTION FOR modifying opinion, with supporting documents
56 08/07/2019 ACTION BY SUPREME COURT - Denied
57 08/07/2019 MANDATE