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Court

North Dakota Appeals Court

North Dakota

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Case Information

Filed 2024-07-09
Type Special Proceeding
Docket 176 entries
Disposition reversed in part
Photo of Hon. Storbakken Bonnie

Judge

Hon. Storbakken Bonnie

North Dakota Appellate Court

North Dakota

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Docket Entries

  1. ivil Filing Index # 168 Amended Trial Record
  2. ervice Document Index # 2 Agreement to Accept Service of Process (Herman Eggers) Accepted by Micheal Mulloy - Recieved in Clerk's Office on 7/09/2024
  3. ervice Document Index # 3 Affidavit of Service on Diane Gatzke - Recieved in Clerk's Office on 7/09/2024
  4. ummons Index # 4 Summons - Recieved in Clerk's Office on 7/09/2024
  5. omplaint Index # 5 Complaint - Recieved in Clerk's Office on 7/09/2024
  6. xhibit Index # 6 Exhibit A - Plantiff's Exhibit Land Recorded with County Recorder - Recieved in Clerk's Office on 7/09/2024 - Defendant Offered and Received
  7. xhibit Index # 7 Exhibit B - Plaintiff's Exhibit Land Recorded with County Recorder - Received in Clerk's Office on 7/09/2024 - Offered and Received
  8. xhibit Index # 8 Exhibit C - Plaintiff's Exhibit Personal Representative's Warranty Deed - Received in Clerk's Office on 7/09/2024 - Offered and Received
  9. xhibit Index # 9 Exhibit D - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  10. xhibit Index # 10 Exhibit E - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  11. xhibit Index # 11 Exhibit F - Plaintiff's Exhibit Contract for Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  12. xhibit Index # 12 Exhibit G - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  13. xhibit Index # 13 Exhibit H - Plaintiff's Exhibit Contract for Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  14. xhibit Index # 14 Exhibit I - Plaintiff's Exhibit Quit Claim Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  15. xhibit Index # 15 Exhibit J - Plaintiff's Exhibit Scott Johnson Second Subdivision - Recieved in Clerk's Office on 7/09/2024
  16. xhibit Index # 16 Exhibit K - Plaintiff's Exhibit Bismarck-Burleigh County Planning & Development Department Staff Report - Recieved in Clerk's Office on 7/09/2024 - Defendant Offered and Received
  17. xhibit Index # 17 Exhibit L - Plaintiff's Exhibit Subdivisions - Recieved in Clerk's Office on 7/09/2024 - Defendant Offered and Received
  18. xhibit Index # 18 Exhibit M - Plaintiff's Exhibit Map - Recieved in Clerk's Office on 7/09/2024
  19. xhibit Index # 19 Exhibit N - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  20. xhibit Index # 20 Exhibit O - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  21. xhibit Index # 21 Exhibit P - Plaintiff's Exhibit Quit Claim Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  22. xhibit Index # 22 Exhibit Q - Plaintiff's Exhibit Warranty Deed - Recieved in Clerk's Office on 7/09/2024 - Offered and Received
  23. otice of Assignment and Case Number Index # 23 Corrected
  24. otice Index # 24 of Motion for Extension - Filed by Defendant
  25. otion Index # 25 for Extension
  26. rief Index # 26 in Support of Motion for Extension
  27. eclaration Index # 27 in Support of Motion for Extension
  28. roposed Order Index # 28 for Extension
  29. ervice Document Index # 29 Upon Michael Mulloy Law
  30. ervice Document Index # 30 Upon Rucka Tamm
  31. otice Index # 31 Notice of Appearance
  32. emand for Change of Judge Index # 32 Demand for Change of Judge
  33. ervice Document Index # 33 Affidavit of Service by Mail (Rudra Tamm)
  34. rder Index # 34 Denying Demand for Change of Judge
  35. ervice Document Index # 35
  36. nswer Index # 36 Answer to Complaint
  37. ervice Document Index # 37 Affidavit of Service by Mail (Rudra Tamm)
  38. otice Index # 38 of Rule 16
  39. otice of Hearing Index # 39 - Remote Scheduling Conference - ZOOM
  40. cheduling Conference (3:30 PM) (Judicial Officer Storbakken, Bonnie) via ZOOM - Meeting ID: 829 8488 5906 Passcode: 123 - zoom.com or call 669-900-9128 - Scheduling Order not Filed Result: Hearing Ended
  41. cheduling Order Index # 40
  42. otice of Hearing Index # 41 - Pretrial Conference
  43. otice of Hearing Index # 42 - Court Trial
  44. otion Index # 43 Plaintiff's Motion for Summary Judgment
  45. ervice of Motion Index # 44 Upon Michael A Mulloy
  46. roposed Judgment Index # 45 Summary Judgment
  47. eclaration Index # 46 of Rudra Tamm
  48. ffidavit Index # 47 Regarding 3601 River Road, Burleigh County
  49. emorandum Index # 48 in Support of Plaintiff's Motion for Summary Judgment
  50. otice Index # 49 Notice of Motion for Judgment on the Pleadings and Request for Oral Argument
  51. otion Index # 50 Motion for Judgment on the Pleadings
  52. rief Index # 51 Brief in Support of Motion for Judgment on the Pleadings and in Response to Motion for Summary Judgment
  53. ervice of Motion Index # 52 Affidavit of Service (Rudra Tamm)
  54. otice of Hearing Index # 53 - Remote Motion Hearing
  55. esponse Index # 54 Plaintiff's Reply Memorandum to Motion for Summary Judgment
  56. otion/Hearing (9:30 AM) (Judicial Officer Storbakken, Bonnie) Motion for Summary Judgment / via Zoom.com - Meeting ID: 824 7727 5100 (Passcode: 123) or call 669-900-9128 Result: Hearing Ended
  57. rief Index # 55 Supplemental Brief in Response to Plaintiff's Motion for Summary Judgment
  58. eclaration Index # 56 Declaration of Diane M. Sperle f/k/a Diane M. Gatzke
  59. xhibit Index # 57 Exhibit 1 - Bismarck Burleigh County Community Development Staff Report
  60. xhibit Index # 58 Exhibit 2 - Letter from Tamm 8-7-2023
  61. xhibit Index # 59 Exhibit 3 - Text Message 11-1-2023
  62. xhibit Index # 60 Exhibit 4 - Proposed Accessway Agreement
  63. xhibit Index # 61 Exhibit 5 - Text Message 5-30-24
  64. xhibit Index # 62 Exhibit 6 - Text Messages 6-18-24
  65. ervice Document Index # 63 Affidavit of Service (Rudra Tamm)
  66. xhibit Index # 64 Exhibit 7 - Pictures
  67. xhibit Index # 65 Exhibit 8 - Pictures
  68. nder Advisement (Judicial Officer: Storbakken, Bonnie ) No Hearing - Briefs Filed Motion for Summary Judgment
  69. rder Index # 66 Denying Plaintiff's Motion for Summary Judgment and Granting Defendant's Motion for Judgment on the Pleadings
  70. roposed Judgment Index # 67 Proposed Judgment of Dismissal with Prejudice (Micheal Mulloy)
  71. ervice Document Index # 68 Affidavit of Service (Rudra Tamm)
  72. udgment Index # 69 Of Dismissal With Prejudice
  73. otice of Entry of Judgment Index # 70 Notice of Entry of Judgment
  74. ervice Document Index # 71 Affidavit of Service (Rudra Tamm)
  75. otice Index # 72 Notice of Appeal by Rudra Tamm
  76. otice of Filing the Notice of Appeal Index # 73 Notice of Filing Notice of Appeal
  77. lerk's Certificate on Appeal Index # 74 {Efiled with Supreme Court 3/21/2025}
  78. ANCELED Pretrial Conference (9:00 AM) (Judicial Officer Storbakken, Bonnie) Case Closed in MORTON
  79. ANCELED Court Trial (9:00 AM) (Judicial Officer Storbakken, Bonnie) Case Closed in MORTON
  80. upreme Court Judgment/Opinion Index # 75 Supreme Court Opinion - Affirmed in Part, Reversed in Part. and Remanded
  81. upreme Court Judgment/Opinion Index # 76 Judgment
  82. cheduling Order Index # 77 For Proceedings on Remand
  83. ervice Document Index # 78
  84. otice of Hearing Index # 79 - Trial and Pretrial Conference
  85. equest Index # 80 Request to Reset Trial
  86. roposed Order Index # 81 Proposed Order Resetting Hearing (Micheal A. Mulloy)
  87. ervice Document Index # 82 Affidavit of Service (Rudra Tamm)
  88. equest Index # 83 Plaintiff's Request for Leave to Amend Complaint
  89. roposed Order Index # 84 Granting Plaintiff's Request for Leave to Amend Complaint
  90. ervice Document Index # 85 Plaintiff's Certificate of Service
  91. omplaint Index # 86 Amended
  92. emorandum Index # 87 Plaintiff's Memorandum Regarding Legal Representation of a Revocable Trust
  93. eclaration Index # 88 of Rudra Tamm
  94. otion Index # 89 Plaintiff's Motion to Intervene and Substitute Parties
  95. otice of Scheduling Change Index # 90 Order Resetting Court Trial - with date
  96. ervice Document Index # 91
  97. rief Index # 92 Defendants' Brief on Remand Regarding Rudra Tamm's Representation of the Rudra Tamm Revocable Trust
  98. ervice Document Index # 93 Certificate of Service (Rudra Tamm)
  99. esponse Index # 94 Defendants Response to Plaintiffs Request for Leave to Amend Complaint
  100. esponse Index # 95 Defendants Response to Plaintiffs Motions to Intervene and Substitute Parties
  101. ervice Document Index # 96 Certificate of Service (Upon Plaintiff)
  102. nder Advisement (Judicial Officer: Storbakken, Bonnie ) No Hearing - Briefs Filed Other - Request to Leave to Amend Complaint
  103. rder Index # 97 Following Remand
  104. otice Index # 98 Notice of Entry of Order
  105. ervice Document Index # 99 Certificate of Service by Mail and Electronic Mail (Rudra Tamm)
  106. ubpoena Index # 100 Deposistion Subpoena Duces Tecum Issued on 12/08/2025
  107. ubpoena Index # 101 for Civil Trial
  108. ubpoena Index # 102 for Civil Trial
  109. ivil Filing Index # 103 Defendant's Pretrial Statement
  110. ervice Document Index # 104 Certificate of Service by Mail and Electronic Mail (Rudra Tamm)
  111. retrial Conference (9:00 AM) (Judicial Officer Storbakken, Bonnie) IN MORTON Result: Hearing Ended
  112. otice Index # 105 Notice of Death of Herman Eggers
  113. xhibit Index # 106 Exhibit 1- Obituary of Herman Eggers
  114. otice Index # 107 Notice of Motion for Substitution of Party
  115. otion Index # 108 Motion for Substitution of Party
  116. rief Index # 109 Brief in Support of Motion for Substitution of Party
  117. ervice of Motion Index # 110 Certificate of Service (Rudra Tamm)
  118. ivil Filing Index # 111 Explanation of Absence at Pretrial Conference and Rule 8.8 ADR Statement
  119. tatement Index # 112 Plaintiff's Pretrial Statement
  120. rief Index # 113 Plaintiff's Brief on Transfer of Real Estate from Rudra Tamm, Trustee to Rudra Tamm, Individually
  121. tatement Index # 114 Defendant's Alternative Dispute Resolution Statement
  122. ervice Document Index # 115 Certificate of Service (Rudra Tamm)
  123. otion Index # 116 Plaintiff's Motion for Additional Trial Time
  124. eclaration Index # 117 Plaintiff's Declaration in Support of Additional Trial Time
  125. ivil Filing Index # 118 Plaintiff's Supplemental Disclosure of Witnesses for Trial
  126. esponse Index # 119 Defendant's Response to Plaintiff's Motion for Additional Trial Time
  127. ervice Document Index # 120 Certificate of Service (Rudra Tamm)
  128. roposed Order Index # 121 Proposed Order on Motion for Substitution of Party (Filed by Attorney Mulloy)
  129. ervice Document Index # 122 Certificate of Service (Upon Plaintiffs)
  130. rder Index # 123 Denying Plaintiff's Motion for Additional Trial Time
  131. rder Index # 124 on Motion for Substitution of Party
  132. otice Index # 125 Notice of Entry of Order
  133. ervice Document Index # 126 Certificate of Service (Rudra Tamm)
  134. otice Index # 127 Notice of Entry of Order
  135. ervice Document Index # 128 Certificate of Service (Rudra Tamm)
  136. ranscript Index # 129 Plaintiff Offered and Received
  137. xhibit Index # 130 Plaintiffs Exhibit J- In Clerks Cabinet (Morton County) - Offered and Received
  138. ivil Filing Index # 131 Plaintiff's Deletion of One Withness and Addition of 4 Exhibits for Trial
  139. xhibit Index # 132 Plaintiff's Exhibit A
  140. xhibit Index # 133 Plaintiff's Exhibit Q - Defendant Offered and Received
  141. xhibit Index # 134 Plaintiff's Exhibit R - Offered and Received
  142. xhibit Index # 135 Plaintiff's Exhibit S
  143. xhibit Index # 136 Plaintiff's Exhibit U - Offered and Received
  144. xhibit Index # 137 Plaintiff's Exhibit V
  145. xhibit Index # 138 Plaintiff's Exhibit W
  146. xhibit Index # 139 Plaintiff's Exhibit X - In Clerks Cabinet (Morton County)
  147. xhibit Index # 140 Plaintiff's Exhibit Y
  148. xhibit Index # 141 Plaintiff's Exhibit T - In Clerks Cabinet (Morton County) - Offered and Received
  149. xhibit Index # 142 Plaintiff's Exhibit Z - In Clerks Cabinet (Morton County)
  150. xhibit Index # 143 Plaintiff's Exhibit 7 - Color Photos
  151. xhibit Index # 144 Plaintiff's Exhibit 8 - Color Photos
  152. xhibit Index # 145 Plaintiff's Exhibit 9 - Color Photos
  153. ervice Document Index # 146 Certificate of Service
  154. xhibit Index # 147 Exhibit 1- Bismarck Burleigh County Community Development Department Staff Report
  155. xhibit Index # 148 Exhibit 2- Text Messages
  156. xhibit Index # 149 Exhibit 3- Text Messages
  157. xhibit Index # 150 Exhibit 4- Text Messages
  158. xhibit Index # 151 Exhibit 5- Accessway Agreement
  159. xhibit Index # 152 Exhibit 6- Letter to Diane Sperle
  160. ervice Document Index # 153 Certificate of Service (Rudra Tamm)
  161. ervice Document Index # 154 Certificate of Service (Rudra Tamm)
  162. ourt Trial (9:00 AM) (Judicial Officer Storbakken, Bonnie) IN MORTON 01/14/2026 Continued to 01/23/2026 - Continuance - Attorney Not Available - Gatzke, Diane; Herman Eggers; Herman Eggers as Personal Representative of the Estate of Berit Eggers; Sperle, Diane Result: Court Trial Ended
  163. xhibit Index # 155 Defendant's Exhibit 10 - Irregular Plat
  164. roposed Judgment Index # 156 Filed by Plaintiff
  165. xhibit Index # 157 Defendants's Exhibit 1 - Bismarck - Burleigh County Community Development Department Staff Report - Offered and Received
  166. xhibit Index # 158 Defendant's Exhibit 5 - Accessway Agreement - Offered and Received
  167. xhibit Index # 159 Defendant's Exhibit 6 - Letter from Rudra Tamm - Offered and Received
  168. xhibit Index # 160 Defendant's Exhibit 7 - Photos in Color of Diane Sperle's Land - Offered and Received
  169. xhibit Index # 161 Defendant's Exhibit 8 - Colored Photos of Eggers Land - Offered and Received
  170. xhibit Index # 162 Defendant's Exhibit 9 - Colored Photos of Diane Sperle's Land - Offered and Received
  171. xhibit Index # 163 Defendant's Exhibit 10 - Plat of Irregular Description - Offered and Received
  172. ivil Filing Index # 164 Trial Record
  173. rief Index # 165 Defendant's Post Trial Brief
  174. ervice Document Index # 166 Certificate of Service (Rudra Tamm)
  175. rief Index # 167 Plaintiffs Post Trial Brief & Certificate of Service by Hand Delivery to Michael Mulloy
  176. nder Advisement (Judicial Officer: Storbakken, Bonnie ) Hearing Held - Post Briefs Filed Court Trial

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