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Rocket Dogs K-9 Aquatics & Wellness Center v. Derheim, et al.

Docket No. 20220246
Oral Argument: Tuesday, February 7, 2023 2:45 PM

Docket Info

Title
Rocket Dogs K-9 Aquatics & Wellness Center, LLC, Plaintiff and Appellant
v.
Derheim, Inc., a North Dakota corporation d/b/a
My Aquatic Services and Troy Derheim, an individual, Defendants and Appellees
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 2022-CV-01009
East Central Judicial District, Cass County
Stephannie Nicole Stiel

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred in granting Defendants Derheim, Inc. and Troy Derheim’s (collectively “Derheim”) Motion to Enforce Settlement despite there being issues of fact regarding the entry into, and existence of, a binding and enforceable settlement agreement between the parties.
    2. Whether the district court erred, as a matter of law, in holding it was for the district court, and not the jury, to determine questions of fact involving whether Plaintiff Rocket Dogs K-9 Aquatics, & Wellness Center, LLC (“Rocket Dogs”) expressly authorized its previous counsel to settle its claims against Derheim, and whether it was “manifestly clear” that the parties entered into a binding and enforceable settlement agreement.
    3. Whether the district court erred in holding it was “manifestly clear” that Rocket Dogs gave express authority to its previous counsel to settle its claims against Derheim.
    4. Whether the district court erred in holding that Rocket Dogs did not disavow the purported settlement agreement between the parties, which its previous counsel asserted she had reached with Derheim on Rocket Dogs’ behalf.
    5. Whether the district court erred in holding that there was a final, and enforceable, settlement agreement between Rocket Dogs and Derheim.

  • Appellee 1

    1. Whether the district court erred in granting Defendants’ Motion to Enforce Settlement without applying a summary judgment standard.
    2. Whether the district court erred in determining that Defendants’ Motion to Enforce Settlement sought equitable relief to which no jury trial right attached.
    3. Whether the district court’s finding of an enforceable settlement agreement between the parties was clearly erroneous.
    4. Whether the district court was clearly erroneous in finding Plaintiff authorized its former counsel to accept the settlement agreement.


Briefs

Filing Date Description
11/29/2022 APPELLANT BRIEF View
01/09/2023 APPELLEE BRIEF View
01/20/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE MacKenzie Lee Hertz - 09392
APPELLEE PRIVATE PRACTICE Brandt Michael Doerr - 08520
APPELLANT PRIVATE PRACTICE Joshua Allen Swanson - 06788
APPELLANT PRIVATE PRACTICE Bailey Jenee Voge - 09336

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

Seq. # Filing Date Description Attachment
1 08/23/2022 NOTICE OF APPEAL : 08/23/2022
2 08/23/2022 ORDER FOR TRANSCRIPT : 08/23/2022
3 08/23/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/23/2022 Notice Served on Joshua A. Swanson, Bailey J. Voge & MacKenzie L. Hertz and Brandt M. Doerr
5 08/31/2022 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
6 09/21/2022 ELEC. RECORD ON APPEAL DATED SEPTEMBER 20, 2022 (ENTRY NOS.1-38, 40-63)(NOT ELEC. #39 - DVD) View
7 09/23/2022 Rec'd Docket Entry #39 - Exhibit B - DVD - via U.S. Mail
8 10/20/2022 All Transcripts Filed in Record
9 11/29/2022 APPELLANT BRIEF View
10 11/29/2022 Oral Argument Request by Appellant
11 11/30/2022 Rec'd 3 copies of ATB back from CD
12 12/16/2022 MOT. EXT/TIME APPELLEE BRIEF View
13 12/16/2022 ACTION BY CLERK - Granted : 01/09/2023
14 01/09/2023 APPELLEE BRIEF View
15 01/09/2023 Oral Argument Request by Appellee
16 01/11/2023 Rec'd 3 copies of AEB back from CD
17 01/20/2023 REPLY BRIEF View
18 01/23/2023 Rec'd 3 copies of RYB back from CD
19 01/24/2023 NOTICE OF ORAL ARGUMENT SENT