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Command Center v. Renewable Resources, et al.

Docket No. 20200017
Oral Argument: Thursday, September 3, 2020 1:30 PM

Docket Info

Title
Command Center, Inc., Plaintiff
v.
Renewable Resources, LLC, Defendant and Appellee
and
Shawn Kluver and Little Knife Disposal, LLC, Defendants and Appellants
and
Renewable Resources, LLC, Third-Party Plaintiff and Appellee
v.
Shawn Kluver and Little Knife Disposal, LLC, Third-Party Defendants and Appellants
Case Type
CIVIL APPEAL : DEBTOR/CREDITOR
Appeal From
Case No. 2018-CV-00114
Southwest Judicial District, Dunn County
James D. Gion
Oral Argument 9/3/2020

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred in entering judgment on a pleading that was never filed
    2. Whether the district court erred in allowing Renewable Resources to present testimony of employees who could not be effectively cross-examined because of nondisclosure agreements with Renewable Resources
    3. Whether the district court erred in its findings of fact
    4. Whether the district court erred in admitting hearsay
    5. Whether the district court erred in ordering Kluver and Little Knife to indemnify Renewable for paying Command Center’s attorney fees

  • Appellee 1

    I. The district court did not enter judgment on a pleading that was never filed.
    II. The district court did not err in allowing Renewable Resources to present testimony of witnesses who were subject to non-disclosure agreements.
    III. The district court did not err in its findings of fact.
    A. Command Center provided labor for the benefit of Shawn Kluver and/or Little Knife Disposal.
    B. Renewable did not obtain Command Center’s labor for its own benefit.
    C. Command Center provided its labor to the benefit of Shawn Kluver and Little Knife Disposal, not Renewable.
    D. Renewable was unaware that Little Knife Disposal was owned by Shawn Kluver and payment of Command Center invoice would benefit only Shawn Kluver and his company.
    IV. The district court did not err in admitting Command Center time records.
    V. The district court did not err in ordering Kluver and Little Knife to indemnify Renewable, including the payment of Command Center’s attorney fees


Summary

Shawn Kluver and Little Knife Disposal, LLC, (“Little Knife”) appeal from an amended judgment entered in favor of Command Center, Inc., against Renewable Resources, LLC, (“Renewable”) and Kluver, awarding monetary damages, interest, attorney’s fees and costs; and in favor of Renewable Resources against Kluver and Little Knife, awarding damages and interest and ordering them, jointly and severally, to indemnify Renewable for damages awarded to Command Center.

In September 2018, Command Center sued Renewable in small claims court for unpaid amounts relating to temporary labor services Command Center had provided. Renewable removed the case to district court and answered the claim affidavit. Command Center obtained leave of court to file an amended complaint, naming Kluver and Little Knife as additional defendants. Renewable, Kluver, and Little Knife answered the amended complaint. Renewable also asserted a third-party complaint against Kluver and Little Knife, which they answered. In June 2019, the district court held a bench trial and subsequently issued an opinion finding in favor of Command Center and Renewable Resources. In November 2019, the court issued its findings of fact and conclusions of law, and a judgment was entered. Because the case had been removed from small claims court, the court also awarded Command Center its attorney’s fees. In December 2019, an amended judgment was entered.

On appeal, Kluver and Little Knife argue that the district court erred in entering judgment on a pleading that was never filed, erred in allowing the testimony of Renewable’s employees who could not be effectively cross-examined because of nondisclosure agreements, erred in its findings of fact, and erred in admitting hearsay. They also argue the court erred in ordering Kluver and Little Knife to indemnify Renewable for Command Center’s attorney’s fees.


Briefs

Filing Date Description
06/09/2020 APPELLANT BRIEF View
07/08/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Ariston Edward Johnson - 06366
APPELLEE PRIVATE PRACTICE Jonathan Paul Sanstead - 05332

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

Seq. # Filing Date Description Attachment
1 01/21/2020 NOTICE OF APPEAL
2 01/21/2020 ORDER FOR TRANSCRIPT : 01/29/2020
3 01/24/2020 Recevied $125 filing fee
4 01/28/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/28/2020 Notice served on Ariston E. Johnson, Jonathan P. Sanstead, & Robin W. Forward
6 02/25/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 24, 2020 (ENTRY NOS. #1 - #179)
7 03/12/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. #180 - #185 )
8 03/30/2020 ELECTRONIC TRANSCRIPT DATED JUNE 11, 2019
9 03/30/2020 TRANSRIPT C.O.S.
10 05/01/2020 MOT. EXT/TIME APPELLANT BRIEF
11 05/04/2020 ACTION BY CLERK - Granted : 06/10/2020
12 06/09/2020 APPELLANT BRIEF View
13 06/09/2020 APPELLANT APPENDIX
14 06/09/2020 Oral Argument Request by Appellant
15 06/11/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
16 06/16/2020 Rec'd $7.50 for AEA over page limit (receipt #27758)
17 06/25/2020 Rec'd notice Command Center does not intend to take part in briefing or argument of the appeal
18 07/08/2020 APPELLEE BRIEF View
19 07/08/2020 APPELLEE APPENDIX
20 07/13/2020 Rec'd 5 copies of AEB & 4 copies of AEA from CSD
21 08/12/2020 NOTICE OF ORAL ARGUMENT SENT
22 09/03/2020 APPEARANCES: Ariston E. Johnson; Jonathan P. Sanstead
23 09/03/2020 ARGUED: Ariston E. Johnson; Jonathan P. Sanstead
24 09/03/2020 ORAL ARGUMENT WEBCAST