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Smithberg v. Jacobson, et al.

Docket No. 20190369
Oral Argument: Tuesday, January 21, 2020 9:30 AM

Docket Info

Title
Ronald Smithberg, Petitioner
v.
Honorable Paul Jacobson,
Judge of the District Court,
Northwest Judicial District,
Gary Smithberg, James Smithberg,
and Smithberg Brothers, Inc. Respondents
Case Type
CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
Appeal From
Case No. 2016-CV-00042
Northwest Judicial District, Divide County
Paul W. Jacobson

Parties' Statement of Issues


Summary

Ronald Smithberg petitioned for a supervisory writ requesting the Supreme Court direct the district court to hold a jury trial in the case Ronald Smithberg v. Gary Smithberg, et al.
Ronald Smithberg sued Gary Smithberg, James Smithberg, and Smithberg Brothers, Inc., seeking damages on various claims and to have the defendants purchase his shares in Smithberg Brothers, Inc. at fair value. The parties stipulated for a court trial in February 2018 and a court trial was scheduled. Before trial, the district court entered summary judgment dismissing all of Ronald Smithberg’s claims for damages with prejudice. The court trial was held to determine the value of Ronald Smithberg’s interest in the corporation, and judgment was entered. Ronald Smithberg appealed, the Supreme Court held the district court erred in granting summary judgment and reversed the judgment. Smithberg v. Smithberg, 2019 ND 195, 931 N.W.2d 211. On remand, Ronald Smithberg requested a jury trial, and the district court denied the request.
Ronald Smithberg argues the district court erred by denying his request for a jury trial on remand and a supervisory writ is necessary to rectify the error and prevent an injustice. He requests a supervisory writ directing the district court to hold a jury trial, assign a new judge, and issue a scheduling order.


Briefs

Filing Date Description

Counsel

Party Type Name
RESPONDENT PRIVATE PRACTICE Tyler John Malm - 07575
PETITIONER PRIVATE PRACTICE Joel Matthew Fremstad - 05541
RESPONDENT DISTRICT JUDGE Paul W Jacobson - 03631
RESPONDENT PRIVATE PRACTICE Sheldon A Smith - 04062
RESPONDENT PRIVATE PRACTICE David J. Smith - 06610

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

Seq. # Filing Date Description Attachment
1 11/25/2019 PETITION FILED for Supervisory Writ w/ brief View
2 11/25/2019 Petitoner's Appendix
3 11/27/2019 Rec'd $125 Filing Fee
4 12/18/2019 Response Filed to Petition for Supervisory Writ View
5 01/03/2020 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
6 01/07/2020 NOTICE OF ORAL ARGUMENT SENT
7 01/07/2020 Rec'd copies of PTF, ATA & RSP from CD
8 01/08/2020 SITTING WITH THE COURT : Sandstrom, Dale V.