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Munson v. Indigo Acquisition Holdings, LLC, et al.

Docket No. 20190027
Oral Argument: Monday, May 6, 2019 1:00 PM

Docket Info

Title
Wayne Munson, Plaintiff and Appellant
v.
Indigo Acquisition Holdings, LLC,
Akoya Capital, LLC, and Denny Chandler, Defendants and Appellees
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2018-CV-02693
South Central Judicial District, Burleigh County
James S. Hill
2019 ND 197931 N.W.2d 679
Oral Argument 5/6/2019

Highlight

A Stock Purchase Agreement submitted with the defendant’s answer qualifies as a “record” of a transaction under N.D.C.C. § 10-04-06(11).

The district court did not abuse its discretion in waiving issues with service related to an attorney’s failure to designate himself as a service contact in North Dakota’s electronic filing system, Odyssey.

The district court did not abuse its discretion in not allowing the appellant to amend his petition when the appellant did not make a motion to amend, did not indicate what amendments he would propose, nor what the amended complaint would state.

The district court did not err in determining it did not have subject matter jurisdiction over an issue not raised in the complaint.


Briefs

Filing Date Description
03/04/2019 APPELLANT BRIEF View
04/08/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Chad Christopher Nodland - 05120
APPELLEE PRIVATE PRACTICE Charles Bradley Rogers - 07415
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 01/23/2019 NOTICE OF APPEAL : 01/23/2019
2 01/25/2019 Rec'd $125 filing fee
3 01/25/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/25/2019 Notice served on Chad C. Nodland and Charles B. Rogers
5 02/20/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 20, 2019 (ENTRY NOS. 1-89)
6 03/04/2019 APPELLANT BRIEF View
7 03/06/2019 APPELLANT APPENDIX
8 03/08/2019 Rec'd 6 copies of ATB from Central Duplicating
9 03/08/2019 Rec'd 6 copies of ATA from Central Duplicating
10 03/11/2019 Rec'd e-filing surcharge for ATB/ATA (Receipt No. 26935)
11 04/02/2019 Rec'd non-compliant AEB (word count)
12 04/08/2019 APPELLEE BRIEF View
13 04/09/2019 MOT. EXT/TIME APPELLEE BRIEF
14 04/09/2019 ACTION BY CLERK - Granted : 04/08/2019
15 04/11/2019 Rec'd 6 copies of AEB from Central Duplicating
16 04/15/2019 Rec'd $25 surcharge for AEB (Receipt# 27010)
17 04/23/2019 NOTICE OF ORAL ARGUMENT SENT
18 04/24/2019 Affidavit of Jason Ausmus under pro hac vice rule Admission to Practice Rule 3.
19 04/24/2019 MOTION to Excuse the Appeareance of Charles B. Rogers on behalf of Appellees
20 04/24/2019 NOTICE OF RESCHEDULED ORAL ARGUMENT SENT
21 04/25/2019 ACTION BY CHIEF JUSTICE - Granted
22 04/29/2019 NOTICE OF RESCHEDULED TIME FOR ORAL ARGUMENT SENT
23 05/06/2019 APPEARANCES: Chad C. Nodland; Jason R. Amus
24 05/06/2019 ARGUED: Chad C. Nodland; Jason R. Amus
25 05/06/2019 ORAL ARGUMENT WEBCAST
26 07/30/2019 DISPOSITION
27 07/30/2019 UNANIMOUS OPINION : VandeWalle, Gerald W. View
28 07/30/2019 Costs on appeal taxed in favor Appellees
29 08/02/2019 Judgment Sent to Parties
30 09/05/2019 MANDATE