McColl Farms v. Pflaum - No. 20130053
McColl Farms, LLC, appeals from district court orders dismissing its claims against Lisa Pflaum for unjust enrichment, coercion, conversion, misappropriation, and racketeering.
Pflaum and Aaron McColl divorced in 2009. Aaron McColl was employed by and had a minority financial interest in McColl Farms. McColl Farms and Aaron McColl sued Pflaum for unjust enrichment, coercion, conversion, misappropriation, and racketeering, alleging Pflaum converted and misappropriated funds belonging to McColl Farms for her personal use either individually or in concert with Aaron McColl. Pflaum moved to dismiss the case for failure to state a claim upon which relief can be granted. Pflaum also moved for sanctions, including attorney's fees. McColl Farms and Aaron McColl moved for partial summary judgment, requesting summary judgment on their claim of conversion. After a hearing on Pflaum's motions, the court directed the parties to submit additional briefing about Pflaum's request for attorney's fees. Aaron McColl unexpectedly passed away and notice of death was filed with the court. The district court entered an order granting Pflaum's motion for dismissal of all claims as to Aaron McColl and his estate. The court also dismissed the unjust enrichment, coercion, misappropriation, and racketeering claims as to McColl Farms. The court directed the parties to brief the issue of the conversion claim in the context of a motion for summary judgment. After a hearing, the court granted summary judgment dismissing McColl Farms' claim for conversion and awarded Pflaum attorney's fees and expenses. A judgment dismissing the case was entered. McColl Farms moved for reconsideration, and the court denied the motion.
On appeal, McColl Farms argues the district court erred in continuing to exercise jurisdiction over Aaron McColl after he was deceased, the court erred in dismissing some of the claims for failure to state a claim upon which relief can be granted, the court erred in granting summary judgment dismissal of its conversion claim, the court improperly excluded evidence, and the court erred in ordering sanctions.