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Beland, et al. v. Danel, et al.

Docket No. 20220057
Oral Argument: Monday, September 26, 2022 10:00 AM

Docket Info

Title
Matthew Beland, Plaintiff and Appellant
and
Sarah M. Kyte, Interested Party and Appellant
v.
Jeremiah Danel,
Jeremiah Danel, D.D.S., P.C., Defendants and Appellees
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2021-CV-00499
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick
Oral Argument 9/26/2022

Parties' Statement of Issues

  • Appellant

    I. Whether the district court abused its discretion in awarding Rule 11 Sanctions against Appellants.
    II. Whether the district court abused its discretion in declining to award Sanctions against Respondent and his Counsel.
    III. Whether the district court erred in sua sponte dismissing the action.

  • Appellee 1

    [¶1] Whether the district court fully adjudicated all claims and properly entered final Judgment.
    [¶2] Whether the district court abused its discretion by granting Appellees’ motion for Rule 11 sanctions.
    [¶3] Whether the district court abused its discretion by denying Appellants’ motion for Rule 11 Sanctions.


Summary

Matthew Beland and Sarah Kyte appeal from a district court’s order denying Beland’s motion for a TRO and motion for sanctions against Jeremiah Danel and Jeremiah Danel, D.D.S., P.C., and granting Danel’s motion for sanctions against Beland and Kyte.

In March 2021, Beland, with the assistance of his legal counsel, Kyte, filed an ex parte motion for a TRO along with a complaint seeking injunctive relief against Danel to stop dental services from being provided to Beland’s children. Beland then amended his complaint after Danel notified him that all dental services for Beland’s children had been discontinued. The amended complaint sought assurances that Danel would not resume services for the children without Beland’s express permission. Both parties commenced motions for sanctions. The district court denied Beland’s request for a TRO and injunctive relief, and granted Danel’s motion for sanctions, finding that Beland and Kyte’s commencement of litigation was done for an improper purpose and lacked evidentiary support.

On appeal, Beland and Kyte argue the district court abused its discretion in ordering sanctions because Beland’s claims had evidentiary support, the district court failed to consider lesser alternatives, and the sanctions were not proportionate to their conduct. Beland and Kyte also assert the district court dismissed Beland’s actions sua sponte.


Briefs

Filing Date Description
05/02/2022 APPELLANT BRIEF View
06/01/2022 APPELLEE BRIEF View
06/27/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Tyler J. Morrow - 06923
APPELLEE PRIVATE PRACTICE Matthew Douglas Kirschenmann - 08222
APPELLEE PRIVATE PRACTICE Jennifer E. Albaugh - 06861

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

Seq. # Filing Date Description Attachment
1 02/17/2022 NOTICE OF APPEAL : 02/17/2022
2 02/17/2022 ORDER FOR TRANSCRIPT : 03/02/2022
3 03/02/2022 Received $125 filing fee
4 03/02/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/02/2022 Notice served on Tyler J. Morrow, Gregory L. Thompson, & Jennifer E. Albaugh
6 03/10/2022 Received Joint Response on Appealability
7 03/10/2022 MOTION FOR REMAND (SUA SPONTE)
8 03/10/2022 ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted
9 03/10/2022 ORDER OF REMAND View
10 03/10/2022 Order/Judgment Sent to Parties
11 03/14/2022 ELEC. RECORD ON APPEAL DATED MARCH 11, 2022 (ENTRY NOS. 1-223)(after remand)
12 03/14/2022 Amended Judgment filed in district court on March 11, 2022
13 03/16/2022 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 16, 2022 (ENTRY NOS. 1-53, 55-224)(NOT SENT: 54)
14 03/21/2022 All Transcripts Filed in Record
15 03/23/2022 ELEC. SUPP. RECORD ON APPEAL DATED MARCH 22, 2022 (ENTRY NOS. 225-229)
16 04/05/2022 2nd ELEC. SUPP. RECORD ON APPEAL DATED APRIL 4, 2022 (ENTRY NOS. 230-238)
17 04/07/2022 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022 (ENTRY NOS. 239-242 )
18 04/07/2022 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 6, 2022 (ENTRY NOS.234-246)
19 04/20/2022 5TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 19, 2022 (ENTRY NOS. 247-250)
20 04/21/2022 6TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 20, 2022 (ENTRY NOS. 251-253)
21 04/26/2022 7TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 25, 2022 (ENTRY NOS. 254-255)
22 05/02/2022 APPELLANT BRIEF View
23 05/02/2022 Oral Argument Request by Appellants
24 05/06/2022 Rec'd corrections to ATB
25 05/11/2022 Rec'd additional corrections to ATB (ND citations)
26 05/13/2022 Rec'd 3 copies of ATB from CSD
27 06/01/2022 APPELLEE BRIEF View
28 06/01/2022 Oral Argument Request by Appellees
29 06/01/2022 MOTION FOR ATTORNEY'S FEES
30 06/02/2022 Rec'd correction to AEB (footnotes sz)
31 06/06/2022 Rec'd 3 copies of AEB from CSD
32 06/15/2022 Rec'd non-compliant RYBs; compliant RYB due 6/27/22
33 06/15/2022 Response Filed to Motion for Attorney's Fees
34 06/16/2022 Motion for Attorney's Fees To Be Considered With the Merits
35 06/27/2022 REPLY BRIEF View
36 07/06/2022 Rec'd 3 copies of RYB from CSD
37 08/04/2022 8TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 3, 2022 (ENTRY NOS. 262-264)
38 08/05/2022 AMENDED 8TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 4, 2022 (ENTRY NOS. 256-265)
39 08/12/2022 Rec'd (2nd Order) of 3 copies of AEB back from CD
40 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
41 09/19/2022 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE View
42 09/19/2022 ACTION WAS TAKEN BY AN INDIVIDUAL JUSTICE - Granted
43 09/26/2022 APPEARANCES: Tyler J. Morrow; Waived under N.D.R.App.P. 34(f)
44 09/26/2022 ARGUED: Tyler J. Morrow; Waived under N.D.R.App.P. 34(f)
45 09/26/2022 ORAL ARGUMENT WEBCAST