Smithberg v. Jacobson, et al.
- Ronald Smithberg, Petitioner
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
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.
(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|
|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.|