Bismarck Financial Group, et al. v. Caldwell
Docket No. 20200005
Oral Argument:
Monday, June 29, 2020 9:30 AM
Docket Info
- Title
- Bismarck Financial Group, LLC; Gary Berube,
in his capacity as a Member of Bismarck
Financial Group, LLC; Doug Buehler, in his
capacity as a Member of Bismarck Financial
Group, LLC; Bob Johnson, in his capacity
as a Member of Bismarck Financial Group,
LLC; Matt Puetz, in his capacity as a
Member of Bismarck Financial Group, LLC;
and Larry Souther, in his capacity as a
member of Bismarck Financial Group, LLC, Plaintiffs and Appellants
v.
James "Jay" Caldwell, Defendant and Appellee - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2019-CV-01793
South Central Judicial District, Burleigh County
David E. Reich
2020 ND 207950 N.W.2d 155
Oral Argument
6/29/2020
Highlight
A motion to dismiss under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the claims in the complaint, and it must not be granted unless it discloses with certainty the impossibility of proving a claim upon which relief can be granted.
A person that wrongfully dissociates from a limited liability company is liable to the company and the other members for damages the dissociation causes.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | PRIVATE PRACTICE | Bradley Neuman Wiederholt - 06354 |
| APPELLEE | PRIVATE PRACTICE | Philip John Kaplan - 07952 |
| APPELLANT | PRIVATE PRACTICE | Randall Joseph Bakke - 03898 |
| APPELLANT | PRIVATE PRACTICE | Shawn Arlin Grinolds - 05407 |
| 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 | 01/08/2020 | NOTICE OF APPEAL : 01/08/2020 | |
| 2 | 01/08/2020 | ORDER FOR TRANSCRIPT : 01/13/2020 | |
| 3 | 01/10/2020 | Received $125 filing fee | |
| 4 | 01/13/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 01/13/2020 | Notice served on Randall J. Bakke, Shawn A. Grinolds, Bradley N. Wiederholt, Grant T. Bakke, | |
| 6 | 01/13/2020 | Philip J. Kaplan, & Cory D. Olson | |
| 7 | 01/17/2020 | Rec'd Affidavit of Cory D. Olson in Support of Admissions to practice Pro Hac Vice | |
| 8 | 01/22/2020 | MOTION FOR LEAVE TO APPEAR UNACCOMPANIED BY NORTH DAKOTA COUNSEL | |
| 9 | 01/24/2020 | ACTION BY ACTING CHIEF JUSTICE VANDEWALLE - Granted | |
| 10 | 02/05/2020 | ELEC. RECORD ON APPEAL DATED FEBRUARY 4, 2020 (ENTRY NOS.1-47) | |
| 11 | 03/06/2020 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 17, 2019 | |
| 12 | 03/06/2020 | Certificate of Service for Transcript | |
| 13 | 04/13/2020 | APPELLANT BRIEF | View |
| 14 | 04/13/2020 | Oral Argument Request by Appellant | |
| 15 | 04/13/2020 | APPELLANT APPENDIX | |
| 16 | 04/16/2020 | Rec'd 5 copies of ATB and ATA back from Central Duplicating | |
| 17 | 04/17/2020 | Rec'd $5.50 for 11 pages over 100 in Appendix (receipt #27569) | |
| 18 | 05/13/2020 | APPELLEE BRIEF | View |
| 19 | 05/18/2020 | Rec'd 5 copies of AEB from CSD | |
| 20 | 05/21/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 21 | 05/26/2020 | Non-Compliant RYB rec'd; given until 5/28/20 to revise (length) | |
| 22 | 05/27/2020 | REPLY BRIEF | View |
| 23 | 05/29/2020 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
| 24 | 05/28/2020 | Rec'd 5 copies of RYB from CSD | |
| 25 | 06/29/2020 | APPEARANCES: Randall J. Bakke; Cory D. Olson | |
| 26 | 06/29/2020 | ARGUED: Randall J. Bakke; Cory D. Olson | |
| 27 | 06/29/2020 | ORAL ARGUMENT WEBCAST | |
| 28 | 10/21/2020 | DISPOSITION (and remanded) | |
| 29 | 10/21/2020 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 30 | 10/21/2020 | By order of the court, no party recover costs and disbursements | |
| 31 | 10/27/2020 | Judgment Sent to Parties | |
| 32 | 11/13/2020 | MANDATE |