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Pagel, et al. v. Weikum

Docket No. 20230156
Oral Argument: Friday, October 27, 2023 10:45 AM

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?


Briefs

Filing Date Description
08/16/2023 APPELLANT BRIEF View
09/14/2023 APPELLEE BRIEF View
09/28/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Scott Andrew Hager - 05913
APPELLEE PRIVATE PRACTICE Rodney Ervin Pagel - 05090
APPELLANT PRIVATE PRACTICE Mark Richard Hanson - 04697
APPELLANT PRIVATE PRACTICE Nicholas Mino - 09902

(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