Huerd v. General Motors, LLC
- Tara Lynn Huerd, Plaintiff and Appellant
General Motors, LLC, Defendant and Appellee
- Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
Case No. 2018-CV-01908
East Central Judicial District, Cass County
John Charles Irby
Parties' Statement of Issues
[¶1] Did District Court err by not ruling on Appellant’s responsive motion?
[¶2] Was right to a trial pursuant to N.D.R.Civ.P. 39 inappropriately rescinded by District Court?
[¶3] Did District Court abuse its discretion by not addressing Appellee’s motion to dismiss Appellant’s complaint during the hearing on March 13, 2019, which would have allowed oral argument, yet still issuing an order ruling on the motion after?
[¶1] Whether the District Court properly considered Appellant’s “Responsive Motion” filed in response to Appellee’s Motion to Dismiss.
[¶2] Whether it was proper for the District Court to issue an order granting Appellee’s Motion to Dismiss without oral argument in the absence of any request for oral argument.
[¶3] Whether the District Court’s Rule 16 Scheduling Order setting a trial readiness date was obviated by an order granting Appellee’s Motion to Dismiss as to all claims.
Tara Huerd appeals the district court’s dismissal of her defective motor vehicle complaint. Huerd contends that the district court erred by finding her prior action in small claims court barred her action and did so without holding oral arguments.
Huerd first commenced an action against General Motors in small claims court for her defective vehicle. The small claims court dismissed Huerd’s action. Huerd then brought an action in district court. General Motors moved to dismiss Huerd’s claim, arguing Huerd could not bring her claim again. Without a hearing on the motion, the district court dismissed Huerd’s claim.
Huerd argues the district court improperly dismissed her claim, and the court failed to hold oral arguments on the motion to dismiss.
|APPELLEE||PRIVATE PRACTICE||Courtney Elizabeth Ward-Reichard - 05837|
|APPELLANT||PRO SE||Tara Lynn Huerd|
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/15/2019||NOTICE OF APPEAL : 04/15/2019|
|2||04/15/2019||ORDER FOR TRANSCRIPT : 04/15/2019|
|3||04/22/2019||Rec'd $125.00 e-filing surcharge|
|4||04/23/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||04/23/2019||Notice Served on Tara L. Huerd and Courtney E. Ward-Reichard|
|6||05/17/2019||ELECTRONIC TRANSCRIPT DATED MARCH 13, 2019|
|7||05/17/2019||C.O.S. FOR TRANSCRIPT|
|8||05/22/2019||ELEC. RECORD ON APPEAL DATED MAY 21, 2019 (ENTRY NOS. 1-136)|
|9||05/23/2019||AMENDED ELEC. RECORD ON APPEAL DATED MAY 21, 2019 (ENTRY NOS. 1-135, 137)|
|12||07/03/2019||Rec'd non-substantive corrections to ATA|
|13||07/09/2019||Rec'd non-substantive corrections to ATA|
|14||07/10/2019||Rec'd additional non-substantive corrections to ATA.|
|15||07/16/2019||Rec'd 6 copies of ATB/ATA from Central Duplicating|
|18||07/31/2019||Rec'd 6 copies of AEA from Central Duplicating|
|19||08/06/2019||Rec'd 6 copies of AEB from Central Duplicating|
|20||09/05/2019||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|