Lund v. Swanson, et al.
- James B. Lund, Plaintiff and Appellant
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
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.
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.
(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|
|10||09/08/2020||Oral Argument Request by Appellant|
|12||09/10/2020||Rec'd 5 copies to ATB and 4 copies of ATA back from CD|
|14||10/12/2020||Rec'd 5 copies of AEB from CSD|
|16||10/21/2020||Rec'd 5 copies of RYB from CSD|
|17||10/22/2020||NOTICE OF ORAL ARGUMENT SENT|