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Oden v. Minot Builders Supply, et al.

Docket No. 20200187
Oral Argument: Thursday, December 3, 2020 10:45 AM

Docket Info

Title
Chris Oden, Petitioner and Appellant
v.
Minot Builders Supply Respondent
and
North Dakota Workforce Safety
& Insurance, Respondent and Appellee
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2019-CV-02752
Northeast Central Judicial District, Grand Forks County
John A. Thelen

Parties' Statement of Issues

  • Appellant

    I. Did the District Court’s decision to vacate the registered judgment violate the Full Faith and Credit Clause of the United States Constitution, as well as North Dakota and Missouri statutory law, which together require North Dakota to recognize and enforce a valid final judgment issued by a court of another state.
    II. The District Court committed error by holding that the June 7, 2019 decision of the Burleigh County District Court caused the Missouri judgment to be barred by fact preclusion [res judicata] and issue preclusion [collateral estoppel] because the Burleigh County decision itself is precluded by the administrative agency decision res judicata effect of the February 9, 2016 decision of the Missouri Workers Compensation Division.
    III. Did the Court err in finding that the decision of Burleigh County District Court in North Dakota in North Dakota Workforce Safety and Insurance v. Oden had “res judicata” effect over the Missouri judgment where that Burleigh County District Court decision was -- and still is -- the subject of an appeal presently pending before the North Dakota Supreme Court where the Missouri judgment was final and therefore subject to registration and enforcement in North Dakota under North Dakota Law.

  • Appellee 1

    Whether the District Court correctly vacated a Missouri foreign judgment filed in Grand Forks County District Court, under N.D.R. Civ. P. 60(b)(4), which was based on a Stipulation for Settlement entered in February of 2016 when it had been judicially determined Workforce Safety and Insurance (“WSI”) was not a party to the Stipulation for Settlement prior to entry of the foreign judgment in North Dakota.


Summary

Chris Oden appeals from a court order vacating a transcribed Missouri foreign judgment dated May 15, 2020.

Oden was injured in Missouri while employed by Minot Builders Supply. Oden filed a workers compensation claim in the State of Missouri. Oden entered into a stipulated agreement in the Missouri workers compensation action purportedly involving the assent of the North Dakota Workforce Safety and Insurance (“WSI”). In a separate action, the Burleigh County district court determined WSI was not a party to the stipulated agreement.

While the Burleigh County district court’s order was pending appeal, Oden submitted an application for foreign judgment in Grand Forks County district court. The district court vacated the foreign judgment as void determining the Missouri foreign judgment was unenforceable when it was filed due to the pending appeal.

On appeal, Oden argues the district court erred in vacating the Missouri foreign judgment under N.D.R.Civ.P. 60(b)(4) for three reasons. First, he argues the order violated the Full Faith and Credit Clause and state statutory law. Second, he argues the Burleigh County district court’s decision was barred by res judicata. Third, he argues the court erroneously gave the Burleigh County judgment res judicata effect.


Briefs

Filing Date Description
10/05/2020 APPELLANT BRIEF View
11/03/2020 APPELLEE BRIEF View
11/25/2020 AMENDED REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE DeWayne Alan Johnston - 05763
APPELLANT PRIVATE PRACTICE David C. Thompson - 03921
APPELLEE SPEC. ASST. ATTY. GEN. Jacqueline Sue Anderson - 05322

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

Seq. # Filing Date Description Attachment
1 07/14/2020 NOTICE OF APPEAL : 07/14/2020
2 07/21/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 07/21/2020 Notice served on David C. Thompson, Jacqueline S. Anderson, & Minot Building Supply
4 08/14/2020 ELEC. RECORD ON APPEAL DATED AUGUST 13, 2020 (ENTRY NOS. 1-52)
5 08/17/2020 AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 13, 2020 (ENTRY NOS. 1-54)
6 08/24/2020 MOT. EXT/TIME APPELLANT BRIEF
7 08/25/2020 ACTION BY CLERK - Granted : 09/23/2020
8 09/23/2020 MOT. EXT/TIME APPELLANT BRIEF
9 09/24/2020 ACTION BY CHIEF JUSTICE - Granted : 10/07/2020
10 10/05/2020 APPELLANT BRIEF View
11 10/05/2020 APPELLANT APPENDIX
12 10/05/2020 Oral Argument Request by Appellant
13 10/12/2020 Rec'd non-substantive corrections to ATB
14 10/13/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
15 11/03/2020 APPELLEE BRIEF View
16 11/03/2020 Oral Argument Request by Appellee
17 11/05/2020 Rec'd 5 copies of AEB from CSD
18 11/16/2020 NOTICE OF ORAL ARGUMENT SENT
19 11/16/2020 MOT. EXT/TIME REPLY BRIEF
20 11/17/2020 ACTION BY CLERK - Granted : 11/23/2020
21 11/23/2020 REPLY BRIEF (Amended Reply Brief filed November 25, 2020)
22 11/25/2020 AMENDED REPLY BRIEF View
23 11/27/2020 Rec'd 5 copies of RYB from CSD