Ritter, Laber & Assoc. v. Koch Oil
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| 20000224 |
Ritter, Laber and Associates,
Inc., Elizabeth Cantarine,
Personal Representative of
the Estate of Eugene A. Burdick,
and Russell L. Kiker, Plaintiffs and Appellees
v.
Koch Oil, Inc., a division
of Koch Industries, Inc.,
and Charles Meduna, Defendants and Appellants
|
| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Maurice R. Hunke |
|
Nature of Action: |
Oil, Gas and Minerals
|
| Counsel: |
| Appellee: | |
Lawyer not licensed in N.D.
|
| Appellant: | |
Fleck, Mather & Strutz
|
| Appellant: | |
Lawyer not licensed in N.D.
|
| Appellant: | |
Lawyer not licensed in N.D.
|
| Appellee: | |
Serkland Law Firm
|
| Appellee: | |
Marvin L. Kaiser
|
| Appellee: | |
Lawyer not licensed in N.D.
|
| Appellant: | |
Lawyer not licensed in N.D.
|
| Appellant: | |
Lawyer not licensed in N.D.
|
|
| Term: |
12/2000 Argument: 12/04/2000 01:30pm
|
| ND cite: |
2001 ND 56
|
| NW cite: |
623 N.W.2d 424
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|
|
| Issues: |
Appellant's Statement of the Issues:
1. Whether the district court erred in certifying this case as a class action based on its determination that Rule 23(c)(1)(A) is satisfied.
2. Whether the district court erred in certifying this case as a class action based on its determination that Rule 23(c)(1)(C) is satisfied.
3. Whether the provisions of Rule 23(h)(1)(B) are unconstitutional as applied to this case because the district court's certification of this action seeking money damages without allowing class members an opportunity to "opt-out" violates
Appellants' and class members' rights to due process under the United States Constitution.
Appellee's Statement of the Issues:
1. Whether the district court abused its discretion in recertifying this matter as a class action pursuant to N.D.R.Civ.P 23.
2. Whether the district court abused its discretion in analyzing the joint or common interest factor under N.D.R.Civ.P. 23(c)(1)(A).
3. Whether the district court abused its discretion by adhering to the Supreme Court's decision in Ritter I as to Koch's due process argument.
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| 1 | | 08/03/2000 | |
NOTICE OF APPEAL: 08/02/2000 |
| 2 | | 08/03/2000 | |
TRANSCRIPT DATED June 20, 2000 (Original is filed with the trial court as part of the record) |
| 3 | | 08/03/2000 | |
DISK - TRA (6-20-00) |
| 4 | | 08/14/2000 | |
MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFFIDAVIT OF GARY J. GORDON |
| 5 | | 08/14/2000 | |
ACTION BY CLERK (In-State counsel must be present & move for limited admission). Granted |
| 6 | | 08/30/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 08/30/2000 | |
ACTION BY CLERK. Granted: 09/22/2000 |
| 8 | | 08/31/2000 | |
Affidavit of James M. Armstrong w/copy of trial court's Order Granting Motion for Admission of Mr. |
| 9 | | 08/31/2000 | |
James M. Armstrong Pro Hac Vice |
| 10 | | 08/31/2000 | |
Affidavit of J. Kory Parkhurst w/copy of trial court's Order Granting Motion for Admission |
| 11 | | 08/31/2000 | |
Pro Hac Vice of David H. Luce & J. Kory Parkhurst |
| 12 | | 09/05/2000 | |
RECORD ON APPEAL (7 vols.), Exhibits, transcripts dated 11-4-96, 3-11-99, & 6-20-00, & Video Tape) |
| 13 | | 09/22/2000 | |
APPELLANT BRIEF |
| 14 | | 09/22/2000 | |
APPELLANT APPENDIX |
| 15 | | 09/22/2000 | |
DISK - ATB |
| 16 | | 10/20/2000 | |
APPELLEE BRIEF |
| 17 | | 10/20/2000 | |
APPELLEE APPENDIX |
| 18 | | 10/23/2000 | |
DISK - AEB |
| 19 | | 10/25/2000 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED OCTOBER 24, 2000 (ENTRIES 194 & 195) |
| 20 | | 11/06/2000 | |
REPLY BRIEF of Appellants |
| 21 | | 11/06/2000 | |
DISK - RYB |
| 22 | | 11/09/2000 | |
Copies of corrected Table of Authorities and pages for Reply Brief |
| 23 | | 11/09/2000 | |
DISK - Corrected RYB |
| 24 | | 11/28/2000 | |
MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFF. OF RONALD K. MEYER |
| 25 | | 11/28/2000 | |
MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFF. OF BRAD D. BRIAN |
| 26 | | 11/29/2000 | |
MOTION FOR PERMISSION TO APPEAR AS COUNSEL & AFFIDAVIT OF JAMES L. FETTERLY |
| 27 | | 11/29/2000 | |
ACTION BY CLERK (Mot/Permission to Appear as Counsel -- Fetterly). Granted |
| 28 | | 12/04/2000 | |
ACTION BY CLERK (Mot/Per/Appear -- Ronald K. Meyer). Granted |
| 29 | | 12/04/2000 | |
ACTION BY CLERK (Mot/Permission/Brad Brian). Granted |
| 30 | | 12/04/2000 | |
APPEARANCES:Brad D.Brian, John W. Morrison, James M. Armstrong, J. Kory Parkhurst, Shane A. Hanson, |
| 31 | | 12/04/2000 | |
Ronald K. Meyer; Ronald H. McLean, Marvin L. Kaiser, Gary J. Gordon |
| 32 | | 12/04/2000 | |
ARGUED: Brian; McLean (Vol. X; page 90) |
| 33 | | 12/04/2000 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 12/18/2000 | |
Letter dtd 12-25-00 re new address for Gary J. Gordon as of 1-1-01 |
| 35 | | 03/19/2001 | |
MOTION FOR Substitution of Elizabeth Cantarine, Personal Rep. of the Burdick Estate - Fax copy |
| 36 | | 03/20/2001 | |
ACTION BY CLERK. Granted |
| 37 | | 03/20/2001 | |
Original Substitution of Personal Representative (Same as faxed copy filed 3-19-01) |
| 38 | | 03/20/2001 | |
DISPOSITION: AFFIRMED |
| 39 | | 03/20/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 40 | | 03/20/2001 | |
Costs on appeal taxed in favor of appellee |
| 41 | | 03/21/2001 | |
Order/Judgment Mailed to Parties |
| 42 | | 04/12/2001 | |
MANDATE |
| 43 | | 05/02/2001 | |
Corrected/Substitute Opinion Page 8 & 9 |
| 44 | | 06/15/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 45 | | 06/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |