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A.R. Audit Services Inc. v. Young

Docket No. 20200064
Oral Argument: Waived

Docket Info

Title
A.R. Audit Services, Inc., Plaintiff and Appellee
v.
Tahnee R. Young, Defendant and Appellant
Case Type
CIVIL APPEAL : DEBTOR/CREDITOR
Appeal From
Case No. 2019-CV-03270
East Central Judicial District, Cass County
Steven L. Marquart

Parties' Statement of Issues

  • Appellant

    I. The Plaintiff failed to provide a notarized affidavit from Michael Berg, stating he is legally authorized to assign any billing issues to the Plaintiff, A.R. Audit Services, Inc.
    II. The Plaintiff’s assignment of debt from Sanford to A.R. Audit Service was NOT valid and therefore, the Plaintiff did NOT have any legal authority to bring legal actions against myself.
    III. The lower court ignored my statement having NEVER lived in Minot, which many of the billing addresses reflect a Minot, North Dakota address. These bills are from a different person other than myself.
    IV. The Plaintiff failed to provide any evidence showing I was ever screened for eligibility for financial assistance as outlined in the assignment from Sanford.

  • Appellee 1

    Whether the district court properly denied Appellant's Rule 60(b)(1) motion to set aside judgment.


Summary

Tahnee Young appeals from a district court order denying her motion to vacate a judgment entered in favor of A.R. Audit Services, Inc. (“A.R. Audit”).

In April 2019, A.R. Audit sued Young for alleged unpaid medical bills from the original creditor, Sanford Health. In May 2019, Young responded to the complaint. In September 2019, A.R. Audit moved for summary judgment. Young mailed to A.R. Services a response and a motion to dismiss the case. The district court subsequently granted A.R. Audit’s summary judgment motion. Young made a motion for relief from the order granting summary judgment. In January 2020, the court entered an order denying her motion to vacate the judgment.

On appeal, Young argues A.R. Audit failed to provide a notarized affidavit establishing legal authorization to assign billing issues to A.R. Audit. She argues the assignment of debt from Sanford Health to A.R. Audit was not valid and A.R. Audit did not have legal authority to bring this action. She contends that the district court ignored her statement of never having lived in Minot and that many of the bills reflect a Minot address and are for a different person. Young argues A.R. Audit failed to provide evidence showing she was ever screened for eligibility for financial assistance, as outlined in the assignment from Sanford Health.


Briefs

Filing Date Description
04/28/2020 APPELLANT BRIEF View
05/28/2020 APPELLEE BRIEF View
06/10/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Meggi Ihland - 08728
APPELLANT PRO SE Tahnee Young

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

Seq. # Filing Date Description Attachment
1 03/04/2020 NOTICE OF APPEAL : 03/04/2020
2 03/04/2020 ORDER FOR TRANSCRIPT : 03/18/2020
3 03/13/2020 Rec'd $125 filing fee (receipt #27544)
4 03/18/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/18/2020 Notice Served on Tahnee Young, Meggi Ihland & Tyler J. Siewert
6 04/03/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2020
7 04/03/2020 TRANSCRIPT C.O.S.
8 04/06/2020 ELEC. RECORD ON APPEAL DATED APRIL 3, 2020 (ENTRY NOS.1-45)
9 04/28/2020 APPELLANT BRIEF View
10 04/28/2020 APPELLANT APPENDIX
11 05/01/2020 Rec'd 5 copies of ATB and ATA from CSD
12 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
13 05/28/2020 APPELLEE BRIEF View
14 06/01/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
15 06/01/2020 Rec'd 5 copies of AEB back from Central Duplicating
16 06/10/2020 REPLY BRIEF View
17 06/12/2020 Rec'd copies 5 of RYB from Central Duplicating
18 06/30/2020 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
19 06/30/2020 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)