Klagues v. Maintenance Engineering
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| 20010213 |
Lance Klagues and Don Hall, on
behalf of themselves and others
similarly situated, Plaintiffs and Appellees
v.
Maintenance Engineering, a division
of LTG, Ltd., Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
01/2002 Argument: 01/16/2002 01:30pm
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| ND cite: |
2002 ND 59
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| NW cite: |
643 N.W.2d 45
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the District Court erred as a matter of law by failing to interpret two written contracts from the writings alone.
2. Alternatively, if the contracts cannot be interpreted as a matter of law from the writings alone, whether the District court erred by certifying the case as a class action and requiring a jury trial to determine from extrinsic evidence the
"actual intent" of hundreds of different individuals who separately executed contracts in many different states and at different places and times after speaking and meeting with different people.
Appellee's Statement of the Issues:
1. Whether this Court has jurisdiction over this interlocutory appeal from the denial of Defendant's Motion for Summary Judgment on the claims of breach of contract and an accounting.
2. Whether the District Court erred, as a matter of law, when it found an ambiguity in the contract at issue and determined that a trial on the merits should occur to resolve the ambiguity.
3. Whether the District Court abused its discretion in certifying this case as a class action.
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| 1 | | 09/14/2001 | |
NOTICE OF APPEAL: 09/13/2001 |
| 2 | | 10/18/2001 | |
RECORD ON APPEAL (not rec'd were Entry Nos. 50, 61, & 63 - Steno Notes) |
| 3 | | 10/22/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed Copy) |
| 4 | | 10/22/2001 | |
ACTION BY CLERK. Granted: 10/30/2001 |
| 5 | | 10/23/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 10/25/2001 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 11/06/2001 |
| 7 | | 10/26/2001 | |
Clerk's Supplemental Cert. on Appeal dated 10-25-01 (Entry Nos. 71-72) |
| 8 | | 10/30/2001 | |
APPELLANT BRIEF |
| 9 | | 10/30/2001 | |
Addendum to Appellant Brief |
| 10 | | 10/30/2001 | |
APPELLANT APPENDIX |
| 11 | | 10/31/2001 | |
DISK - ATB |
| 12 | | 12/10/2001 | |
APPELLEE BRIEF |
| 13 | | 12/11/2001 | |
DISK of AEB |
| 14 | | 12/18/2001 | |
APPELLEE APPENDIX |
| 15 | | 12/20/2001 | |
MOTION FOR EXTENSION OF TIME FOR COMPLIANCE W/RULE 11.1(e), NORTH DAKOTA RULES OF COURT |
| 16 | | 12/20/2001 | |
ACTION BY CLERK. Granted: 12/30/2001 |
| 17 | | 12/20/2001 | |
Affidavits of Service by Mail (re AEB/AEA) dated 11-30-01; 12-10-01; 12-17-01 (inserted) |
| 18 | | 12/20/2001 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-19-01 (Entries 74-75) |
| 19 | | 12/21/2001 | |
REPLY BRIEF of Appellant |
| 20 | | 12/31/2001 | |
Affidavit of Ronald S. Goldser in compliance with N.D.R.Ct. 11.1(e) |
| 21 | | 12/27/2001 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-24-01 (Entry 73) |
| 22 | | 01/16/2002 | |
APPEARANCES: Daniel J. Crothers & Stephen W. Plambeck; Ronald S. Goldser, Stacey E. Tjon, & |
| 23 | | 01/16/2002 | |
Mike Miller |
| 24 | | 01/16/2002 | |
ARGUED: Crothers; Goldser (Vol. X; Page 193) |
| 25 | | 01/16/2002 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 04/16/2002 | |
DISPOSITION (Dismissed in Part): REVERSED/PT AND REMANDED |
| 27 | | 04/16/2002 | |
UNANIMOUS OPINION: Neumann, William A. |
| 28 | | 04/16/2002 | |
Costs on appeal taxed in favor of appellant |
| 29 | | 04/18/2002 | |
Order/Judgment Mailed to Parties |
| 30 | | 05/08/2002 | |
MANDATE |
| 31 | | 05/14/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 09/24/2007 | |
EXPUNGED - Nonpermanent record items destroyed |