Winer v. Penny Enterprises, Inc.
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| 20030114 |
Gary Winer, Plaintiff and Appellant
v.
Penny Enterprises, Inc.,
Jerrid Mudgett, Sr.,
individually and as the
next friend and guardian of
his minor son, Jerrid Mudgett, Jr., Defendants and Appellees
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| Appeal from: |
District Court,
Northeast Judicial District,
Benson County
Judge Lee A. Christofferson |
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Nature of Action: |
Personal Injury
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| Counsel: |
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| Term: |
10/2003 Argument: 10/22/2003 02:45pm
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| ND cite: |
2004 ND 21
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| NW cite: |
674 N.W.2d 9
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| Issues: |
Appellant's Statement of the Issues:
Does a state court have subject matter jurisdiction over a tort claim by a non-indian against individual indian defendants and a North Dakota corporation arising from a motor vehicle accident on a North Dakota state highway?
Appellee's Statement of the Issues:
I.Whether a North Dakota State District Court lacks subject-matter jurisdiction over an action brought by a non-Indian plaintiff against an Indian defendant for damages resulting from a collision occurring on a state highway within the exterior
boundaries of Indian country.
A.The Benson County District Court properly dismissed this action against individual Indian defendants for lack of subject-matter jurisdiction.
B.A North Dakota State Court may not exercise jurisdiction over an Indian defendant for conduct occurring within the exterior boundaries of Indian country.
C.Winer's brief discusses the jurisdiction of a tribal court, but does not discuss whether a North Dakota State Court may exercise jurisdiction over an Indian defendant for an accident occurring within the exterior boundaries of Indian country.
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| 1 | | 04/17/2003 | |
NOTICE OF APPEAL: 04/11/2003 |
| 2 | | 04/17/2003 | |
ORDER FOR TRANSCRIPT: 04/11/2003 |
| 3 | | 04/29/2003 | |
Order for July 1, 2002 Transcript filed by AE-Penny Enterprises |
| 4 | | 05/12/2003 | |
Ct. Reporter acknowledge receipt of OTR (Original and Amended) |
| 5 | | 05/30/2003 | |
TRANSCRIPTS DATED April 5, 2001 and July 1, 2002 |
| 6 | | 06/02/2003 | |
DISK - TRAs dated April 5, 2001 and July 1, 2002 (2 Disks) |
| 7 | | 06/04/2003 | |
Proof of Service of Transcripts from Deborah A. McLean |
| 8 | | 06/13/2003 | |
RECORD ON APPEAL |
| 9 | | 07/09/2003 | |
APPELLANT BRIEF |
| 10 | | 07/09/2003 | |
APPELLANT APPENDIX |
| 11 | | 07/09/2003 | |
DISK - ATB |
| 12 | | 07/29/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 13 | | 07/29/2003 | |
ACTION BY CLERK (w/understanding on October Term). Granted: 09/08/2003 |
| 14 | | 08/18/2003 | |
APPELLEE BRIEF |
| 15 | | 08/18/2003 | |
w/attached addendum |
| 16 | | 08/18/2003 | |
APPELLEE APPENDIX |
| 17 | | 08/19/2003 | |
DISK - AEB |
| 18 | | 10/02/2003 | |
Request for Media Coverage (AP) e-mail dated 10-02-03 from Dale Wetzel (APPROVED)
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| 19 | | 10/22/2003 | |
APPEARANCES: Peter K. Halbach; Daniel M. Traynor |
| 20 | | 10/22/2003 | |
ARGUED: Halbach; Traynor (Vol. Y; Page 160) |
| 21 | | 10/22/2003 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 01/28/2004 | |
DISPOSITION: AFFIRMED |
| 23 | | 01/28/2004 | |
SPLIT OPINION: Neumann, William A. |
| 24 | | 01/28/2004 | |
(CONCUR Specially): VandeWalle, Gerald W.: CONCUR |
| 25 | | 01/28/2004 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 26 | | 01/28/2004 | |
(Join DISSENT): Kapsner, Carol Ronning: JN/DIS |
| 27 | | 01/29/2004 | |
Order/Judgment Mailed to Parties |
| 28 | | 02/02/2004 | |
Letter dated 1/29/04 from Dan Traynor regarding factual error in opinion |
| 29 | | 02/06/2004 | |
Letter dated 2-5-04 from Dan Traynor RE: opinion matters |
| 30 | | 02/11/2004 | |
PETITION FOR REHEARING |
| 31 | | 02/11/2004 | |
DISK - PER (e-mailed) |
| 32 | | 02/11/2004 | |
STATE OF NORTH DAKOTA'S MOTION FOR PERMISSION TO FILE AMICUS BRIEF |
| 33 | | 02/11/2004 | |
ACTION BY SUPREME COURT (MOT/Amicus). Denied |
| 34 | | 02/25/2004 | |
ACTION BY SUPREME COURT (PER). Denied |
| 35 | | 03/05/2004 | |
MANDATE |