Form 128. Appellant’s Formal Brief and Addendum

In: Other Topics

Submitted By bethanny13
Words 3206
Pages 13

Respondent, vs. Petitioner.

Respondent BRIEF AND ADDENDUM Attorney for Respondent By
(address, zip code, telephone number, and Attorney for Petitioner attorney registration license number). (address, zip code, telephone number, . and attorney registration license number)

* * * * * *
Table Authorities
Legal Issues
Statement of Facts
1. (Concise statement of each legal argument advanced)

Order Denying Motion for New Trial and Memorandum
[SEE RCAP 130.02]
* * * * * *

Statutes: The request for Production No. 4 should be denied based solely on F.R.C.P. 26(b)(3).

Minn. Stat. § 518.58 (2012)

Cases (list applicable authorities and page where argument found)
Lafate v. Vanguard Group, Inc., 2014 U.S. Dist., see e.g.; Safco Prods. Co. v. WelCom Prods., 730 F. Supp. 2d 959, 11(D. Minn., 2010). Pg. 5
Burns v. Hy-Vee, Inc., 2002 U.S. Dist. Lexis 23662 (D. Minn., November 21, 2002, Decided). Pg. 6
Taylor v. Southwestern Bell Telephone Co., 251 F.3d 735, 740 (8th Cir. 2001). Pg. 6
Kaufman v. W. Sugar Coop., Inc., 2007 U.S. Dist. LEXIS 64464 (D. Neb. Aug. 29, 2007). Pg. 7
Onwuka v. Federal Express Corp., 178 F.R.D. 508, 517 (D. Minn. 1997). Pg. 7
Haselhorst v. Wal-Mart Stores, Inc., 163 F.R.D. 10, 11 (D. Kan. 1995). Pg. 7
Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344, 351(6th Cir. 1998). Pg. 7…...

Similar Documents

Appellate Brief - Legal

...IN UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 11-0369 BOB LOBLAW, Appellant v. MAGGIE LIZER, Individually and in her Official Capacity as Assistant United States Attorney, Southern District of New York, Appellee BRIEF FOR THE APPELLANT ON APPEAL FROM THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Counsel for Appellant 601739 2072 5th Ave. Suite 43 New York, NY 10292 TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………….....i TABLE OF AUTHORITIES ……………………………………………………………..ii QUESTION PRESENTED ……………………………………………………………….1 STATEMENT OF THE CASE …………………………………………………………...2 SUMMARY OF THE ARGUMENT …………………………………………………….6 ARGUMENT ……………………………………………………………………………..8 I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8 A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9 B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11 CONCLUSION…………………………………………………………………………..15 CERTIFICATE OF......

Words: 4026 - Pages: 17


...Addendum Coral Divers A. Revenue Potential and Return on Investment Considering, the incremental return on investment, or the additional revenue generated from each resource profile investment. Each of the strategies has financial costs and benefits. These are discussed below. 1) Ten per cent increase through efficiency The efficiency improvement strategy carries no costs and should yield 10 per cent on the bottom line, or about an additional $12,100 profit. The calculations are: $550,000 annual revenue x 2% margin = $11,000 net profits $11,000 net profit x 10% efficiency improvement = $1,100 $11,000 + 1,100 = $12,100 increase in net profits 2) Add adventure diving The adventure diving resort strategy will require about $15,000 to get started. It should yield about $95,680 additional revenue. The calculations are: 8 divers per trip x $115 for each diver = $920 revenue per trip $920 each trip x 2 dives per week - $1,840 revenue per week $1,840 revenue per week x 52 weeks = $95,680 annual adventure diving revenue 3) Focus on family diving The family diving resort strategy will cost $60,000 to $160,000 (in renovations and improvements) and should yield at least an additional $157,000 over current revenues, assuming no increases in prices. If Coral Divers raises its prices to equal other family resorts, the revenues should be even higher. Two methods of calculation are shown below. Method 1: Occupancy......

Words: 570 - Pages: 3


...week. Some are relatively brief while others require some research and more extensive answers. Some assignments will be completed individually in which case you are expected to develop a word processed solution that will turned in class. Others will be completed as a member of a group and the group will either turn in or present a group solution. Your grade will depend on how thoroughly and competently you prepare the solutions and, where relevant, how actively and thoroughly you participate in the group and respond to other students' work. Make-up Policy There is no makeup for a missed quiz regardless of the reason. One quiz grade will be dropped at the end of the semester. This accounts for a missed quiz. No makeups are given for assignments. If you are not in class when the assignment is due you may not turn it in later. Class Participation A great deal of valuable learning takes place through discussion of the course topics. You are expected to attend all classes and participate in the class discussion regularly. This means that you should have read the scheduled chapter(s) and prepared the assignments before each class. You are expected to stay current with business news that relates in some way to course content through newspapers, the Internet, TV, or radio. There will be discussion of the news in class and your grade will be based partially on how familiar you are with current business events. Attendance/Conduct There is no formal attendance policy in the......

Words: 1288 - Pages: 6

Form strive for excellence in all things. It also gives them an opportunity to network and form ties with CEOs, executives, team leaders and team members of the Aboitiz Group of Companies, as well as fellow young leaders. Program Eligibility To apply for the AFLBS, the applicant must:  Be a Filipino citizen, 25 years old or younger at the time of the Summit   Be a 3rd or 4th year student of a 4-year course; 4th or 5th year student of a 5-year course (by June 2013)  Be taking up any course in the following fields of study: Business Management, Accounting, Communications, Political Science, Information s, and Law  Be ranked in the top 20 of their college or department  Be an active leader or officer of any student organization – student government, academic, cause-oriented, socio-civic or religious in nature   Not have any disciplinary case inside or outside campus Program Application Requirements The applicant must submit all of the following documents:  A application forms from our website.  A certified true copy of the applicant’s college......

Words: 1386 - Pages: 6

Formal Report

...Formal Report Final Draft Jonah Colombo Devry University Author Note This paper is being submitted December 11, 2011 for Instructor Carl Jean’s Technical Writing course at Devry University by Jonah Colombo. December 11, 2011 Tracey Millwood Acquisitions Manager H.D. Heavy Industries 1300 Boss Road Seattle WA 98188 Dear Tracey: Please find enclosed the analysis of buying versus leasing computer and information technology. This is in response to your request that further research be done to find a way to best accommodate our monetary and technological needs. The report will go over several key factors in deciding whether to buy outright or lease our new equipment. I feel this report is as thorough and accurate as I could make it without bias to manufacturer or options. It was a pleasure doing the research into this issue because not only was the information compiled useful in selecting an option, it was educational to me also. I have placed my conclusions and recommendations at the end of the paper for your review. I look forward to hearing from you and how this report has impacted H.D. Heavy Industries transition to a modern age. Please contact me if you have any additional questions or concerns at my office: 678-555-7268 Extension 223. Cordially, Jonah Colombo SUMMARY Our company, H.D. Heavy Industries, is in need of modernizing its communications network and technology. To this end H.D.H.I has asked me to put together a virtual......

Words: 2523 - Pages: 11


...| |EMPLOYMENT APPLICATION FORM | | | |HETLAND GARDEN NURSERY | | | | |POSITION APPLIED FOR: | | | | |The following information will be treated in the strictest confidence. | |PERSONAL | |(Please complete this section in BLOCK CAPITALS) | |Surname: | |First Name(s): | | |Address: | ...

Words: 536 - Pages: 3

The Formal

...THE FORMAL – BY SUE MURRAY CHARACTERS Frank Tatiana Lisa Paul SCENE ONE – DON’T TELL ANYONE LISA CENTERED ON STAGE, LIGHTS DIMMED, AND SPOTLIGHT ON LISA. LISA The formal. Apparently the hardest part of our high school lives, a night we are all suppose to remember. Well this formal has definitely scarred me for life. All the money spent, the illegal drinking, the boys and most of all Tatiana’s brother, Frank. Although of course you have not yet heard of him or his stupid bad ass accomplishments. Let me take you back. TATIANA AND LISA ARE SITTING IN TATIANA’S LOUNGE ROOM. TATIANA | My brother is so annoying. Every time a guy even looks at me, he scares them away. It was so good before he came home, I got any guy I wanted! (Tatiana starts getting teary) He’s such a knob; I wish he would run away again. | LISA | There’s nothing wrong with your brother, he’s sooo hot, what’s his number? What is he doing tonight? | | LISA LAUGHS, TATIANA STARES AT HER. | TATIANA | LISA!! You’re supposed to be my best friend, yuck! | LISA | Sorry, Tatty. He can’t be that annoying, can he? | | TATIANA STARTS BRUSHING HER HAIR AND GETS COMFORTABLE. | TATIANA | You can’t tell anyone about what I’m about to tell you, okay? | LISA | Yeah, alright. | TATIANA | Swear on your really nice hair that’s not as nice as mine? | LISA | I swear. | TATIANA | Alright, well… you know how he ran away from home when he was like younger? | LISA | Yeah, so? | TATIANA |......

Words: 1076 - Pages: 5

Case Brief

... Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration Judge's denial of her application for political asylum. Agreeing with the findings of the Immigration Judge ("IJ"), the Board found that petitioner did not have a well-founded fear of persecution. ISSUE; Whether or not at the time Ms. Civil filed for asylum was her reason for being fearful of persecution well-founded under the Immigration and Nationality Act, § 208(a)? RULES: 8 U.S.C.A. § 1158 (a): Safe third country; shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining...

Words: 1036 - Pages: 5


...This letter is an addendum to the rental application. We would like to explain why there are possible issues with our credit. While living in San Antonio, I was in nursing school, and my husband lost his job, and was on unemployment for a period of time. Subsequently, my daughter was diagnosed with a tumor, and we incurred enormous medical debt, as this came at a time when we had no insurance. Even at the hardest of times, we were never delinquent on our rent. Since this time, we are both employed, and have steady work history and good income. The property that we are currently renting is being leased to us by a friend of a friend, and there have been issues from day one. The owner of the home did not want to sign a lease, and all of the issues with the home that were supposed to be fixed, have never been fixed. We were told that the home would be converted to refrigerated air, and it never was, we have never received garage door openers, and the owner still has her property in our garage. We have asked her to please remove her stuff, but she has yet to do so. She is very difficult to get ahold of, and will literally hold our checks from the time we pay her on the 1st until the end of the month, only cashing them after numerous emails requesting her to cash our check. Now, there is a lot of drug activity in the neighborhood, and we do not feel safe here. We have not advised her of our plan to move yet, as we want to make sure that we are able to obtain a lease prior to giving...

Words: 318 - Pages: 2

Appellant's Opening Brief to the Colorado Court of Appeal

...I. JURISDICTIONAL STATEMENT APPELLANT LISA KAY BRUMFIEL (“Brumfiel”), appeals all Orders of Judge Pratt’s beginning with the Order applying the CAPP program through the Order Granting CLG Attorney’s fees. All orders are final (Rule 54(b)). The Appeal, subject to C.A.R. 31(c) and C. A. R. 28(a), RT=Reporters Transcript; AA: =Appendix; Ad: =Addendum (Orders attached to brief). II. STATEMENT OF ISSUES A. Whether the court erred in concluding that Brumfiel failed to state a claim under 12(b) (5); and concurrently that defendant lacked standing. B. Whether the Statute of Limitation of 1 year was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including constitutional defense. D. Whether the Court erred Granting Plf’s Summary Judgment, where the Trustee’s status as holder was disputed as sufficient to foreclose. E. Whether the Court erred by holding that Brumfiel may not, as a non-party, challenge an assignment or agreement. F. Whether the court committed error by applying the Civil Access Pilot Program (CAPP) to Defendant’s foreclosure. G. Whether the court abused its discretion by making rulings on evidence that denied her a chance to tell her side, and withholding excess proceeds from the sale. H. Whether the plaintiff waived any deficiency judgment. 1 I. Whether the court erred by granting the CLG......

Words: 10170 - Pages: 41


...meeting with the Congress and announced that all ports on the Southern coast were closed, and that action impacted many states, and so Virginia was the first state to secede from the Union, but soon enough, the rest of the states followed such as Tennessee, Arkansas, and North Carolina. Lincoln had a plan to end this war once and for all, but had to take it a step at a time. He first negotiated with Maryland and Kentucky to try to keep them in the Union and his great strategy worked. The war was very influencing that many men wanted to join the army from both sides to defend their land. The request from Lincoln to help support the soldiers was passed by Congress in July, and they even had a generous gesture to increase the number of troop’s form 400,000 to 500,000. The first official battle was on July 21, 1861 when both the Confederates and the Union met at Manassas, Virginia calling it the Battle of Bull Run. Over 800 men died at battle and 2,000 men were injured. The Confederates only won the battle because the Union decided to retreat. Matters were going more badly, his Major General George B. McClellan became ill, and a year later on February 20, 1862 Lincoln’s son Willie died from an illness that lasted over three weeks. Lincoln had to take matters in to his own hands, and had to study military science which would help him lead the war effort. President Lincoln wanted to end the war, and on July 22, 1862 he read a draft of an emancipation proclamation to his Cabinet......

Words: 1578 - Pages: 7


...3 MTH 131 College Algebra 3 PSY 105 Human Anatomy & Physiology I Introduction to Psychology 3 Page 72 ECPI UNIVERSITY Program Information Self-Integration 7 semester credit hours CIS 115 Computer Applications 3 COR 191 Career Orientation 1 FOR 110 Essentials for Success 3 Health Information Management Program - Specific Policies Program Purpose. The Health Information Management program will prepare graduates to demonstrate proficiency in the arena of health data management. Students will gain the experience necessary to ensure adequate and complete medical records, and will participate in cost effective information processing. This participation will take the form of proficient coding skills as well as an understanding of the regulatory process and the revenue cycle. Students will participate in maintaining health care data integrity through implementation of technology, such as electronic health records. Graduates will be prepared to take national certification examinations. ECPI’s hands-on approach to education assures that students will have the right skills to enter the job market prepared for exciting and rewarding positions in the growing healthcare industry. The Health Information Management program is comprehensive by providing the correct mix of technical training and general education to ensure graduates are able to function effectively as highly skilled professionals. A variety......

Words: 149595 - Pages: 599


...ASSIGNMENT 2 BRIEF |Qualification |BTEC Level 5 HND Diploma in Business | |Unit number and title |: Working with and Leading People | |Assignment issued | |Assignment submission | | |Assessor name | | |Assignment title |Leadership Observation and Reflection | | |Scenario: | | |Leaders are made, they are not born. We can learn much from observing their behaviors as well as reflecting from | | |our own experiences. In this assignment, you can choose from following options: | | |Option 1: Reflecting on your own leadership experience. It can be your team work at school or any other activities | | |in which you have led others to fulfill a particular task(s) or......

Words: 1031 - Pages: 5


...Peanut Butter and Jelly Sandwich Formal Report Table of Contents Introduction 3 Instruction 4 Ingredients 6 Process Report 7 Conclusion 9 Introduction This demonstration is to inform the nutrition staff, and patients in Hillary Hoffman’s Nursing Home Care how to prepare a peanut butter and jelly sandwich. Peanut butter and jelly sandwiches are a very simple snack; this is known to be one of the United States most eaten past time meal. This demonstration will allow each individual to share their experience, and learn from others the steps they take in making their own peanut butter and jelly sandwich. When making a peanut butter and jelly sandwich everyone does make this sandwich with their own personal touch, and ingredient of their choice and that is what makes it a fun sandwich. By performing this demonstration it will allow everyone to participate in assisting in a simple meal preparation that is quick and easy for one and all. This will allow the staff to interact with the patients, and also having the patients feel like they can still do something for themselves. Instruction Step 1 On one side of the table place your plate, knife, spoon, and some napkins Open both your peanut butter, and jelly jar, place them beside your utensils. Put the two slices of bread on the plate. stand close to the table, pull up your plate close to you, take the knife in one hand, and the peanut butter jar in the......

Words: 990 - Pages: 4


...Three Briefs Helen Mayes Kaplan University PA205: Introduction to Legal Analysis and Writing June 26, 2012 Citation- Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 (N.M. 1976) Facts- 1. Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. 2. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went......

Words: 1976 - Pages: 8