Sadek, et al. v. Weber, et al.
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
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.
(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 |