Hagen v. North Dakota Insurance Reserve Fund
- Lance Hagen, Petitioner, Appellee,
North Dakota Insurance
Reserve Fund, Respondent, Appellant,
- Case Type
- CIVIL APPEAL : WRIT OF MANDAMUS (Crim.)
- Appeal From
Case No. 2019-CV-03559
South Central Judicial District, Burleigh County
John W. Grinsteiner
Parties' Statement of Issues
1. Whether the district court granting Appellee leave to file an amended petition complying with the requirements of N.D.C.C. § 44-04-21.2 after the deadline for commencing the action expired should be reversed;
2. Whether the district court’s conclusion NDIRF is a “public entity” subject to open records requests should be reversed; and
3. Whether the district court erroneously interpreted and applied N.D.C.C. § 44-04-19.1(8), and failed to afford protection to attorney-client privileged communication in issuing the writ.
1. Whether the district court abused its discretion in granting Petitioner leave to file an amended writ?
2. Whether the district court erred in determining that NDIRF is a public entity subject to open records laws?
3. Whether the district court erred in determining that the plain language of N.D.C.C. § 44-04-19.1(8) requires public entities to make attorney work product available following the completion of civil litigation?
4. Whether the district court’s finding of potential future liability and its creation of “hyper work product” exception were erroneous under North Dakota law?
5. Whether the district court abused its discretion in denying Petitioner costs and attorney’s fees?
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||04/09/2021||NOTICE OF APPEAL : 04/09/2021|
|2||04/09/2021||ORDER FOR TRANSCRIPT : 04/12/2021|
|3||04/12/2021||Rec'd $125.00 Filing Fee|
|4||04/12/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||04/12/2021||Notice Served on Kristen Tuntland & Zachary E. Pelham and Paul R. Sanderson|
|6||05/06/2021||ELEC. RECORD ON APPEAL DATED MAY 5, 2021 (ENTRY NOS.1-113 )|
|7||05/06/2021||NOTICE OF CROSS APPEAL|
|8||05/06/2021||NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV.|
|9||05/06/2021||Notice Served on Kristen Tuntland & Zachary E. Pelham and Paul R. Sanderson|
|10||06/02/2021||ELEC. SUPP. RECORD ON APPEAL DATED JUNE 1, 2021 (ENTRY NOS. 1-118)|
|11||06/11/2021||ELECTRONIC TRANSCRIPT DATED JULY 21, 2020|
|12||06/11/2021||TRANSCRIPT CERTIFICATE OF SERVICE|
|13||07/09/2021||MOTION TO SUPPLEMENT RECORD|
|14||07/12/2021||ACTION BY CHIEF JUSTICE - Denied|
|15||07/12/2021||MOT. EXT/TIME APPELLANT BRIEF|
|16||07/13/2021||ACTION BY CLERK - Granted : 08/04/2021|
|19||08/04/2021||Oral Argument Request by Appellant|
|20||08/06/2021||Rec'd non-substantive corrections to ATA (pg numbering)|
|21||08/09/2021||Rec'd 4 copies of ATB & 3 copies of ATA from CSD|
|23||09/09/2021||Rec'd 4 copies of AEB back from CD|