Pagel, et al. v. Weikum
Docket Info
- Title
- Rodney E. Pagel and Scott A. Hager, Plaintiffs and Appellees
v.
Jeffrey S. Weikum, Defendant and Appellant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 2022-CV-01682
South Central Judicial District, Burleigh County
Gary H. Lee
Parties' Statement of Issues
-
Appellant
1. Whether the district court erred in denying Defendant/Appellant, Jeffrey S. Weikum’s (“Weikum”), motion to compel arbitration because there was a dispute as to the terms of the agreement at issue.
2. Whether the district court erred in determining that the claims of Plaintiffs Rodney E. Pagel (“Pagel”) and Scott A. Hager (“Hager”) alleged in the complaint are not subject to arbitration under an agreement between Weikum, Pagel and Hager, and/or under North Dakota law, including North Dakota’s Uniform Arbitration Act, N.D.C.C. ch. 32-29.3.
3. Whether the district court erred in failing to comply with the requirements of North Dakota’s Uniform Arbitration Act, including N.D.C.C. § 32-29.3-07, by (a) improperly deciding the merits of the parties’ claims and that grounds for Weikum’s claim under the Agreement were not established, and (b) failing to stay all judicial proceedings until the district court made a final decision on whether the dispute must be submitted to arbitration.
4. Whether the district court erred in granting Pagel and Hager’s joint motion for summary judgment, including the district court’s interpretation and application of the parties’ agreement, and finding as a matter of law that there were no genuine issues of material fact. -
Appellee 1
1) Did the District Court appropriately deny Weikum’s Motion to Dismiss?
2) Did the District Court appropriately grant Pagel and Hager’s Motion for Summary Judgment?
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/31/2023 | NOTICE OF APPEAL : 05/31/2023 | View |
2 | 05/31/2023 | ORDER FOR TRANSCRIPT : 06/05/2023 | View |
3 | 05/31/2023 | ANNOUNCED DISQUALIFICATION : Bahr, Douglas Alan | |
4 | 06/05/2023 | Rec'd Filing Fee | |
5 | 06/05/2023 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
6 | 06/05/2023 | Notice served on Scott A. Hager & Rodney E. Pagel, Mark R. Hanson & Anthony Anderson | |
7 | 06/13/2023 | All Transcripts Filed in Record | |
8 | 06/22/2023 | MOT. EXT/TIME APPELLANT BRIEF | View |
9 | 06/22/2023 | ACTION BY CLERK - Granted : 08/18/2023 | |
10 | 07/03/2023 | ELEC. RECORD ON APPEAL DATED JUNE 30, 2023(ENTRY NOS.1-89) | View |
11 | 08/16/2023 | APPELLANT BRIEF | View |
12 | 08/16/2023 | Oral Argument Request by Appellant | |
13 | 08/17/2023 | Rec'd 3 copies of ATB back from CD | |
14 | 09/14/2023 | APPELLEE BRIEF | View |
15 | 09/14/2023 | Oral Argument Request by Appellee | |
16 | 09/14/2023 | Rec'd corrections to AEB | |
17 | 09/20/2023 | Rec'd 3 copies of AEB back from CD | |
18 | 09/21/2023 | NOTICE OF ORAL ARGUMENT SENT | |
19 | 09/22/2023 | SITTING WITH THE COURT : Neumann, William A. | |
20 | 09/28/2023 | REPLY BRIEF | View |
21 | 09/29/2023 | Rec'd 3 copies of RYB back from CD |