Open Road Trucking v. Swanson, et al.

Docket No. 20190091
Oral Argument: Monday, September 23, 2019 1:30 PM

Docket Info

Title
Open Road Trucking, LLC, as Assignee of
Leland A. Swanson, as Assignee of
Western State Bank, Plaintiff and Appellant
v.
Leland A. Swanson, Defendant
and
James B. Lund, Defendant and Appellee
Case Type
CIVIL APPEAL : DEBTOR/CREDITOR
Appeal From
Case No. 2018-CV-03168
East Central Judicial District, Cass County
Steven L. Marquart

Parties' Statement of Issues

  • Appellant

    1) Whether the District Court erred in holding that payment of a judgment and taking an assignment extinguishes the judgment preventing its use to levy on a contribution claim against a non-paying joint and several judgment debtor.
    2) Whether a judgment entered against jointly and severally liable defendants with their express consent precludes rebuttal of the presumption of equal responsibility between joint and several judgment obligors.
    3) Whether the District Court abused its discretion in refusing to grant charging orders on the consent Judgment after it was paid and assigned to Assignee.

  • Appellee 1

    1. Whether the district court erred in granting James B. Lund’s Motion to Satisfy Judgment when the judgment had been paid in full prior to its assignment?
    2. Whether North Dakota law allows for assignment of a contribution claim when the judgment has been fully paid and a joint debtor has initiated a contribution claim in a separate action?


Summary

Open Road Trucking, LLC, appeals after its application for a charging order lien against James Lund was denied.

In 2018, Western State Bank sued Leland Swanson and Lund to enforce commercial guaranties executed by Swanson and Lund on behalf of a limited liability company. A $1,334,374.25 judgment was entered against Swanson and Lund. Swanson paid the judgment in full, and in return, Western State Bank assigned its judgment rights Swanson. Swanson then assigned his $670,952.24 right of contribution against Lund to Open Road Trucking.

Open Road Trucking applied for a $670,952.24 charging order against Lund’s transferrable interests in certain limited liability companies. In response, Lund argued Open Road was not entitled to a charging order because Swanson paid the full amount of the judgment debt to Western State Bank and therefore, the judgment was satisfied. After a hearing, the district court denied Open Road’s application for a charging order and ruled the judgment against Swanson and Lund was satisfied.

On appeal, Open Road argues the district court’s decision on the application for a charging order was wrong.


Briefs

Filing Date Description
06/07/2019 APPELLANT BRIEF View
07/08/2019 APPELLEE BRIEF View
07/18/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Randolph E Stefanson - 02643
APPELLEE PRIVATE PRACTICE Sean Thomas Foss - 06422
APPELLANT PRIVATE PRACTICE Bruce A Schoenwald - 03900
APPELLEE PRIVATE PRACTICE Sarah Aaberg - 08393

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/19/2019 NOTICE OF APPEAL : 03/19/2019
2 03/19/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 03/22/2019 Rec'd $125 filing fee
4 03/22/2019 Notice served on Randolph e. Stefanson, Bruce A. Schoenwald and Sean T. Foss
5 04/17/2019 ELEC. RECORD ON APPEAL DATED APRIL 16, 2019 (ENTRY NOS. #1 TO #81)
6 05/17/2019 S.Ct. Not. of Dismissal/Failure to Proceed
7 05/17/2019 NO ACTION TAKEN
8 05/17/2019 MOT. EXT/TIME APPELLANT BRIEF
9 05/17/2019 ACTION BY CHIEF JUSTICE - Granted : 06/07/2019
10 06/07/2019 APPELLANT BRIEF View
11 06/07/2019 APPELLANT APPENDIX
12 06/17/2019 Rec'd corrected ATB with Certificate of Compliance and Service Document
13 06/20/2019 Rec'd 6 copies of ATB from Central Duplicating
14 06/20/2019 Rec'd 6 copies of ATA from Central Duplicating
15 07/08/2019 APPELLEE BRIEF View
16 07/08/2019 Oral Argument Request by Appellee
17 07/10/2019 Rec'd non-substantive corrections (para number) to AEB & C.O.S.
18 07/16/2019 Received 6 copies of AEB from Central Duplicating
19 07/18/2019 REPLY BRIEF View
20 07/23/2019 Rec'd 6 copies of RYB from Central Duplicating
21 08/02/2019 NOTICE OF ORAL ARGUMENT SENT
22 09/23/2019 APPEARANCES: Bruce A. Schoenwald; Sarah Aaberg
23 09/23/2019 ARGUED: Bruce A. Schoenwald; Sarah Aaberg
24 09/23/2019 ORAL ARGUMENT WEBCAST