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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.


Briefs

Filing Date Description
04/13/2020 APPELLANT BRIEF View
05/13/2020 APPELLEE BRIEF View
05/27/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLANT PRIVATE PRACTICE Shawn Arlin Grinolds - 05407
APPELLEE PRIVATE PRACTICE Philip John Kaplan - 07952
APPELLANT PRIVATE PRACTICE Randall Joseph Bakke - 03898
APPELLANT PRIVATE PRACTICE Bradley Neuman Wiederholt - 06354

(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