Oden v. Minot Builders Supply, et al.
- Chris Oden, Petitioner and Appellant
Minot Builders Supply Respondent
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
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.
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.
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.
(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|
|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|
|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|