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Lund v. Swanson, et al.

Docket No. 20200147
Oral Argument: Monday, November 30, 2020 1:30 PM

Docket Info

Title
James B. Lund, Plaintiff and Appellant
v.
Leland A. Swanson and
Open Road Trucking, LLC, Defendants and Appellees
Case Type
CIVIL APPEAL : CONTRACTS
Appeal From
Case No. 2020-CV-00082
East Central Judicial District, Cass County
John Charles Irby

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred in finding Plaintiff James B. Lund and Defendants Leland Swanson and Open Road Trucking, LLC did not enter into a binding and enforceable settlement agreement;
    2. Whether the district court erred as a matter of law by concluding the statute of frauds applied to the settlement agreement reached between the parties;
    3. Whether the district court erred as a matter of law by concluding the parties’ exchange of emails and written signature agreements did not satisfy the statute of frauds; and
    4. Whether the district court erred by granting summary judgment in favor of Defendants Swanson and Open Road Trucking, LLC.


Summary

James Lund appeals from a judgment and amended order denying his motion for summary judgment and granting Leland Swanson and Open Road Trucking’s motion for summary judgment.

Lund, Swanson, and Open Road Trucking are involved in a number of lawsuits. In December 2019, the parties met to discuss settlement. The parties disagree whether this meeting led to a settlement agreement. In January 2020, Lund initiated this action against Swanson and Open Road Trucking to enforce a settlement agreement. The parties filed cross-motions for summary judgment. After a hearing, the district court denied Lund’s motion and granted summary judgment in favor of Swanson and Open Road Trucking.

On appeal, Lund argues the district court erred in finding the parties did not enter into a binding and enforceable settlement agreement, concluding the statute of frauds applied to the agreement, concluding the statute of frauds was not satisfied, and granting summary judgment in favor of Swanson and Open Road Trucking.


Briefs

Filing Date Description
09/08/2020 APPELLANT BRIEF View
10/08/2020 APPELLEE BRIEF View
10/20/2020 REPLY BRIEF View

Counsel

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

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

Seq. # Filing Date Description Attachment
1 05/15/2020 NOTICE OF APPEAL
2 05/15/2020 ORDER FOR TRANSCRIPT : 06/01/2020
3 05/29/2020 Rec'd $125 filing fee
4 06/01/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/01/2020 Notice Served on Sean T. Foss, Randolph E. Stefanson & Bruce A. Schoenwald
6 06/29/2020 ELEC. RECORD ON APPEAL DATED JUNE 26, 2020 (ENTRY NOS. 1-50)
7 07/27/2020 ELECTRONIC TRANSCRIPT DATED APRIL 27, 2020
8 07/27/2020 TRANSCRIPT C.O.S.
9 09/08/2020 APPELLANT BRIEF View
10 09/08/2020 Oral Argument Request by Appellant
11 09/08/2020 APPELLANT APPENDIX
12 09/10/2020 Rec'd 5 copies to ATB and 4 copies of ATA back from CD
13 10/08/2020 APPELLEE BRIEF View
14 10/12/2020 Rec'd 5 copies of AEB from CSD
15 10/20/2020 REPLY BRIEF View
16 10/21/2020 Rec'd 5 copies of RYB from CSD
17 10/22/2020 NOTICE OF ORAL ARGUMENT SENT