Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jury v. Barnes County Municipal Airport Authority

Supreme Court of North Dakota

June 2, 2016

Lori Jury, Plaintiff and Appellant
v.
Barnes County Municipal Airport Authority, Defendant and Appellee

         As corrected July 14, 2016.

          Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable James D. Hovey, Judge.

         Lori Jury (argued), self-represented, Valley City, ND, plaintiff and appellant.

         Lisa K. Edison-Smith (argued) and Vanessa L. Anderson (appeared), Fargo, ND, for defendant and appellee.

         Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Wade L. Webb, D.J., Gerald W. VandeWalle, C.J. Opinion of the Court by McEvers, Justice. The Honorable Wade L. Webb, D.J., sitting in place of Kapsner, J., disqualified.

          OPINION

         McEvers, Justice.

          [¶1] Lori Jury appeals a district court's order denying her motion to vacate a summary judgment. Jury argues the district court should have provided notice of the summary judgment hearing independent of the notice provided by the Barnes County Municipal Airport Authority (" BCMAA" ). Jury also argues the district court should have scheduled a hearing on her motion requesting statutory authority and should not have awarded attorneys' fees. We affirm the district court's order denying Jury's motion to vacate judgment and the summary judgment.

         I

          [¶2] Jury, self-represented, sued the BCMAA after it terminated her at-will employment. From 2007 to 2013, Jury worked as a part-time clerk for the Barnes County Municipal Airport under the direction of its board and its manager. In 2012, Jury applied for the vacant manager position. The BCMAA board of directors did not hire Jury for the manager position and shortly thereafter the BCMAA terminated her, citing a lack of trust. Jury filed a charge with the North Dakota Department of Labor alleging, among other things, that the BCMAA discriminated against her based on her gender. The Department found no probable cause to substantiate Jury's allegations and dismissed her charge. Jury subsequently sued the BCMAA alleging workplace discrimination, wrongful termination, defamation of character, harassment, emotional distress, loss of income, and retaliation.

          [¶3] During the pendency of the litigation, the district court held five telephonic hearings for status conferences and motions, and issued a notice of hearing for each of the hearings. A discovery dispute arose regarding the disclosure of tax documents. On August 14, 2015, Jury filed a document entitled " Motion Requesting Statutory Authority" requesting the district court to require the BCMAA to provide the statutory authority under which a district court may compel production of tax documents. Neither party requested oral argument on Jury's motion. Also, on August 14, 2015, the BCMAA moved for summary judgment. The BCMAA served Jury with notice of the hearing on its motion. The notice indicated the date, time, and place of the summary judgment hearing as follows: " PLEASE TAKE FURTHER NOTICE that on September 21, 2015, at 10:00 a.m., or as soon thereafter as counsel may be heard, Defendant will move for the following motion before the Honorable James D. Hovey at the Barnes County Courthouse, 230 4th St. NW, Valley City, North Dakota." Jury concedes she received the BCMAA's notice of the September 21, 2015, hearing. The district court did not provide an independent notice of the summary judgment hearing.

          [¶4] On September 14, 2015, Jury responded to the BCMAA's motion for summary judgment. In her response, Jury did not allege she received insufficient notice of the summary judgment hearing. Jury argued there were genuine issues of material fact, but submitted no competent admissible evidence to support her argument. On September 16, 2015, the BCMAA responded to Jury's brief and requested reasonable attorneys' fees under N.D.C.C. § 14-02.4-20 . On September 21, 2015, the district court held the summary judgment hearing, at which, Jury failed to appear. On October 1, 2015, the district court entered its order for summary judgment dismissing Jury's claims with prejudice, awarding the BCMAA $10,000 in attorneys' fees, plus costs, and dismissing Jury's motion requesting statutory authority as moot.

          [¶5] Jury moved to vacate the district court's order granting summary judgment under N.D.R.Civ.P. 60(b)(1). Jury argued the district court applied inconsistent notification procedures because it independently noticed five telephonic hearings, but failed to independently notice the summary judgment hearing. Additionally, Jury argued she never received notice of a hearing on her motion requesting statutory authority. While Jury provided no argument or legal authority as a basis to vacate the award of attorneys' fees, her prayer for relief requested that attorneys' fees be denied. The district court found Jury's arguments to be without merit. The district court determined Jury waived oral argument on her motion because neither party requested argument. The district court denied Jury's motion to vacate.

          [¶6] On January 4, 2016, Jury appealed the " final judgment/order entered on November 5, 2015." On January 19, 2016, the district ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.