Klagues v. Maintenance Engineering

20010213 Lance Klagues and Don Hall, on
behalf of themselves and others
similarly situated, Plaintiffs and Appellees
v.
Maintenance Engineering, a division
of LTG, Ltd., Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Contracts
Counsel:
Appellant: Nilles, Plambeck, Selbo & Harrie, Ltd.
Appellee: Solberg Stewart Miller
Appellee: Lawyer not licensed in N.D.
Term: 01/2002   Argument: 01/16/2002  1:30pm
ND cite: 2002 ND 59
NW cite: 643 N.W.2d 45

Listen to recording of oral argument
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
1. Whether the District Court erred as a matter of law by failing to interpret two written contracts from the writings alone.
2. Alternatively, if the contracts cannot be interpreted as a matter of law from the writings alone, whether the District court erred by certifying the case as a class action and requiring a jury trial to determine from extrinsic evidence the "actual intent" of hundreds of different individuals who separately executed contracts in many different states and at different places and times after speaking and meeting with different people.

Appellee's Statement of the Issues:
1. Whether this Court has jurisdiction over this interlocutory appeal from the denial of Defendant's Motion for Summary Judgment on the claims of breach of contract and an accounting.
2. Whether the District Court erred, as a matter of law, when it found an ambiguity in the contract at issue and determined that a trial on the merits should occur to resolve the ambiguity.
3. Whether the District Court abused its discretion in certifying this case as a class action.

Add Docket 20010213 RSS Add Docket 20010213 RSS

Docket entries:
109/14/2001 NOTICE OF APPEAL: 09/13/2001
210/18/2001 RECORD ON APPEAL (not rec'd were Entry Nos. 50, 61, & 63 - Steno Notes)
310/22/2001 MOT. EXT/TIME APPELLANT BRIEF (Faxed Copy)
410/22/2001 ACTION BY CLERK. Granted: 10/30/2001
510/23/2001 MOT. EXT/TIME APPELLANT BRIEF
610/25/2001 ACTION BY CHIEF JUSTICE (MAT). Granted: 11/06/2001
710/26/2001 Clerk's Supplemental Cert. on Appeal dated 10-25-01 (Entry Nos. 71-72)
810/30/2001 APPELLANT BRIEF
910/30/2001 Addendum to Appellant Brief
1010/30/2001 APPELLANT APPENDIX
1110/31/2001 DISK - ATB
1212/10/2001 APPELLEE BRIEF
1312/11/2001 DISK of AEB
1412/18/2001 APPELLEE APPENDIX
1512/20/2001 MOTION FOR EXTENSION OF TIME FOR COMPLIANCE W/RULE 11.1(e), NORTH DAKOTA RULES OF COURT
1612/20/2001 ACTION BY CLERK. Granted: 12/30/2001
1712/20/2001 Affidavits of Service by Mail (re AEB/AEA) dated 11-30-01; 12-10-01; 12-17-01 (inserted)
1812/20/2001 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-19-01 (Entries 74-75)
1912/21/2001 REPLY BRIEF of Appellant
2012/31/2001 Affidavit of Ronald S. Goldser in compliance with N.D.R.Ct. 11.1(e)
2112/27/2001 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-24-01 (Entry 73)
2201/16/2002 APPEARANCES: Daniel J. Crothers & Stephen W. Plambeck; Ronald S. Goldser, Stacey E. Tjon, &
2301/16/2002 Mike Miller
2401/16/2002 ARGUED: Crothers; Goldser (Vol. X; Page 193)
2501/16/2002 ORAL ARGUMENT WEBCAST
2604/16/2002 DISPOSITION (Dismissed in Part): REVERSED/PT AND REMANDED
2704/16/2002 UNANIMOUS OPINION: Neumann, William A.
2804/16/2002 Costs on appeal taxed in favor of appellant
2904/18/2002 Order/Judgment Mailed to Parties
3005/08/2002 MANDATE
3105/14/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3209/24/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/18/2014