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Huerd v. General Motors, LLC

Docket No. 20190125
Oral Argument: Waived

Docket Info

Title
Tara Lynn Huerd, Plaintiff and Appellant
v.
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

  • Appellant

    [¶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    [¶2] Was right to a trial pursuant to N.D.R.Civ.P. 39 inappropriately rescinded by District Court?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?

  • Appellee 1

    [¶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.


Summary

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.


Briefs

Filing Date Description
06/25/2019 APPELLANT BRIEF View
07/25/2019 APPELLEE BRIEF View

Counsel

Party Type Name
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)
10 06/25/2019 APPELLANT BRIEF View
11 06/25/2019 APPELLANT APPENDIX
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
16 07/25/2019 APPELLEE BRIEF View
17 07/25/2019 APPELLEE APPENDIX
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