corrected July 14, 2016.
from the District Court of Barnes County, Southeast Judicial
District, the Honorable James D. Hovey, Judge.
Jury (argued), self-represented, Valley City, ND, plaintiff
Edison-Smith (argued) and Vanessa L. Anderson (appeared),
Fargo, ND, for defendant and appellee.
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.
[¶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
[¶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,
[¶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 ...