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Kainz, et al. v. Jacam Chemical Co. 2013

Docket No. 20220135
Oral Argument: Argument Date & Time is not set.

Docket Info

Title
William Kainz and GeoChemicals, LLC, Plaintiffs and Appellants
v.
Jacam Chemical Company 2013, LLC, Defendant and Appellee
Case Type
CIVIL APPEAL : EMPLOYER/EMPLOYEE DISPUTE
Appeal From
Case No. 2019-CV-00703
Southwest Judicial District, Stark County
William A. Herauf

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred by abating this action involving claims related to the enforceability of non-compete and non-solicitation of customers agreements against a North Dakotan working in North Dakota in favor of a Kansas action seeking to enforce those agreements under Kansas law.
    a. Whether the district court is required to decide the merits of the claims in this action under this Court’s decision in Osborne v. Brown & Saenger, Inc., 2017 ND 288, 904 N.W.2d 34.
    b. Whether the district court erred by abating this action under this Court’s decision in Lucas v. Porter, 2008 ND 160, 755 N.W.2d 88.
    c. Whether the district court erred by concluding that Jacam 2013 did not waive its abatement argument by failing to plead abatement as an affirmative defense.
    2. Whether the district court erred in denying the motion for reconsideration of its order abating this action and by concluding the reconsideration motion was frivolous in awarding attorney’s fees under N.D.C.C. § 28-26-01.


Briefs

Filing Date Description
08/12/2022 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kirsten Tuntland - 07214
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Nicholas C. Grant - 07102
APPELLANT PRIVATE PRACTICE Michael J. Geiermann - 04174
APPELLANT PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Shea Ashley Miller - 08498

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

Seq. # Filing Date Description Attachment
1 05/10/2022 NOTICE OF APPEAL : 05/10/2022
2 05/10/2022 ORDER FOR TRANSCRIPT : 05/13/2022
3 05/10/2022 MOTION FOR CONSIDERATION OF ALTERNATIVE REQUEST FOR A WRIT BY APPELLANTS
4 05/13/2022 Received $125 filing fee
5 05/13/2022 Affidavit of Sean D. Walsh in support of Admission to Practice Pro Hac Vice
6 05/13/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
7 05/13/2022 Notice served on Zachary E. Pelham, Kirsten Tuntland, Sean D. Walsh, Michael J. Geiermann,
8 05/13/2022 Nicholas C. Grant, Shea A. Miller, Janet A. Hendrick, & Angela M. Buchanan
9 05/16/2022 ACTION BY CHIEF JUSTICE - Granted
10 05/25/2022 Affidavit of Angela M. Buchanan in support of Admission to Practice Pro Hac Vice
11 05/25/2022 Affidavit of Janet A. Hendrick in support of Admission to Practice Pro Hac Vice
12 05/25/2022 Affidavit of Michele C. Spillman in support of Admission to Practice Pro Hac Vice
13 06/08/2022 ELEC. RECORD ON APPEAL DATED JUNE 7, 2022(ENTRY NOS. 1-311)
14 07/05/2022 All Transcripts Filed in Record
15 07/06/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 5, 2022 (ENTRY NOS. 312-316)
16 08/12/2022 APPELLANT BRIEF View
17 08/12/2022 Oral Argument Request by Appellants
18 08/15/2022 Rec'd corrections to ATB (inappropriate addendum)
19 08/17/2022 Rec'd corrections to ATB (addendum removed)
20 08/17/2022 MOTION TO TAKE JUDICIAL NOTICE View
21 08/19/2022 Motion to take Judicial Notice to be Considered With the Merits
22 08/19/2022 Rec'd 3 copies of ATB from CSD
23 09/06/2022 MOT. EXT/TIME APPELLEE BRIEF View
24 09/08/2022 ACTION BY CLERK - Granted : 09/26/2022