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Sadek, et al. v. Weber, et al.

Docket No. 20220155
Oral Argument: Tuesday, October 4, 2022 10:45 AM

Docket Info

Title
John Sadek and Tammy Sadek, as surviving parents
of Andrew Sadek on behalf of all heirs-at-law,
and the Estate of Andrew Sadek, Plaintiffs and Appellants
v.
Jason Weber, individually and as a Richland
County Sheriff's Deputy and Task Force Officer
of the South East Multi County Agency Narcotics
Task Force, and Richland County, North Dakota,
a political subdivision, Defendants and Appellees
Case Type
CIVIL APPEAL : TORTS (NEGLIGENCE, LIAB., NUIS.)
Appeal From
Case No. 2016-CV-00128
Southeast Judicial District, Richland County
Jay A. Schmitz
2023 ND 14985 N.W.2d 672
Oral Argument 10/4/2022

Highlight

Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case.

The district court did not err when it sanctioned an attorney under N.D.R.Civ.P. 11 after the attorney ignored provisions in rules and prior holdings the case.

Sanctions on appeal were appropriate when an attorney persisted in groundless arguments without acknowledging obvious deficiencies pointed out by the district court.

Briefs

Filing Date Description
08/18/2022 APPELLANT BRIEF View
09/08/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Jenna Renee Bergman - 08619
APPELLEE PRIVATE PRACTICE Corey J. Quinton - 05342
APPELLANT PRO SE John Sadek
APPELLANT PRO SE Tammy Sadek

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

Seq. # Filing Date Description Attachment
1 05/24/2022 NOTICE OF APPEAL : 05/24/2022
2 06/06/2022 Received filing fee
3 06/07/2022 SECOND NOTICE OF APPEAL
4 06/07/2022 ORDER FOR TRANSCRIPT : 06/08/2022
5 06/08/2022 NOT. OF FILING NOT. OF APPEAL, 2ND NOTICE OF APPEAL, AND PROOF OF SERV.
6 06/08/2022 Notice served on Kristin A. Overboe, Corey J. Quinton, & Jenna R. Bergman
7 06/20/2022 ELEC. RECORD ON APPEAL DATED JUNE 17, 2022 (ENTRY NOS. 1-248) (REC'D BY MAIL DOC ENTRY 87)
8 07/07/2022 All Transcripts Filed in Record
9 07/12/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 11, 2022 (ENTRY NOS. 249-251)
10 08/18/2022 APPELLANT BRIEF View
11 08/19/2022 Rec'd 3 copies of ATB from CSD
12 09/08/2022 APPELLEE BRIEF View
13 09/08/2022 Oral Argument Request by Appellee
14 09/08/2022 MOTION FOR SANCTIONS - Granted : 02/16/2023 View
15 09/08/2022 Motion for Sanctions To Be Considered With the Merits
16 09/09/2022 Rec'd 3 copies of AEB from CSD
17 09/21/2022 NOTICE OF ORAL ARGUMENT SENT
18 09/26/2022 Intent to Particpate in Oral Argument by Appellant
19 10/04/2022 APPEARANCES: Kristin A. Overboe & Jenna R. Bergman
20 10/04/2022 ARGUED: Kristin A. Overboe & Jenna R. Bergman
21 10/04/2022 ORAL ARGUMENT WEBCAST
22 02/16/2023 DISPOSITION
23 02/16/2023 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
24 02/16/2023 Costs on appeal taxed in favor of Appellee
25 02/16/2023 Costs on appeal taxed in favor of Appellee (Double costs and $1,000 attorney’s fees taxed against
26 02/16/2023 Kristen Overboe)
27 02/16/2023 Judgment View
28 03/13/2023 MANDATE
29 03/23/2023 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE View
30 04/17/2023 Corrected/Substitute Opinion Page (pg 7, para 16, ln 4 - space added between the “.” & the 11