Manning v. Jaeger, et al.
Annotate this CaseContinental Resources, Inc. (“Continental”) appeals from a district court amended order denying its motion to intervene in this proceeding. P&P Industries, LLC I (“P&P”), a foreign limited liability company, initially obtained a certificate of authority to transact business in North Dakota as a foreign limited liability company in December 2012. Richard Manning was the managing member of the LLC. In 2015, the North Dakota Secretary of State revoked the certificate of authority of P&P as a result of P&P’s failure to file its annual report. In 2020, Manning (represented by counsel) petitioned for reinstatement. The Secretary of State admitted service of the petition, waived the right to any further notice, and consented to the immediate reinstatement of P&P. After reviewing the petition and exhibits, the court entered an order for reinstatement. In May 2020, Continental moved the district court to intervene in this matter and to vacate the reinstatement order. Continental sought to intervene as a matter of right and asserted the district court’s reinstatement order was void. Continental asserted Manning filed the petition to defeat its motion to dismiss P&P’s counterclaims in a pending matter on remand in Williams County district court. After an October 2020 hearing, the district court entered an order denying Continental’s amended motion to intervene and refusing to consider its request to vacate the order for reinstatement. In its order denying intervention, the court held Continental’s claimed interest in this proceeding derived from the motion to dismiss it filed in the separate pending lawsuit. The court rejected Continental’s argument that it had a right to intervene in this proceeding merely because the court’s prior reinstatement order affected an argument Continental was asserting in the separate action. The court concluded this was not a legally protectable interest in the appeal for reinstatement. The North Dakota Supreme Court concluded We conclude the district court did not err in denying Continental’s amended motion to intervene. Furthermore, the Court declined Continental’s request for it to exercise its supervisory authority to direct the district court to vacate its prior order for reinstatement.
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