DCI Credit Services v. Plemper
Annotate this CaseDCI Credit Services, Inc. (“DCI”) appealed a district court’s order denying its request to vacate the order granting summary judgment and awarding costs and attorney’s fees to Nicholas Plemper. DCI also appealed the dismissal of the complaint with prejudice and awarding Plemper costs and attorney’s fees. DCI filed the underlying action in May 2020, alleging Plemper owed $4,321.00 to Bakken Property Management for goods and/or services, and that the claim had been assigned to DCI. In September 2020, the district court granted DCI’s motion for default judgment. In October 2020, the district court granted Plemper’s motion for relief from judgment. DCI did not file a response to Plemper’s motion; Plemper then moved for summary judgment. There were settlement negotiations among the parties between the time of filing the motion for summary judgment and the court’s order. The parties exchanged emails agreeing that the matter should be dismissed but disagreed on whether costs should be awarded. In December 2020, without a response from DCI, the court granted Plemper’s motion for summary judgment and directed the clerk to enter judgment dismissing the complaint with prejudice and awarding Plemper his actual and statutory costs and disbursements, including reasonable attorney’s fees. Daniel Oster, attorney for DCI, had been seriously ill for about six months before he passed away on January 11, 2021. In February 2021, DCI moved to vacate the order granting Plemper’s motion for summary judgment, arguing: (1) Oster was not in good health during the time of the filing of the motion for summary judgment; and (2) there were ongoing settlement negotiations. Plemper filed a brief in opposition to the motion to vacate and requested the district court amend the existing judgment to add the attorney’s fees incurred in responding to the motion. The court denied DCI’s motion reasoning it failed to meet its burden and directed the clerk to enter judgment of dismissal and enter an award in favor of Plemper of actual and statutory costs and disbursements, including reasonable attorney’s fees. On appeal to the North Dakota Supreme Court, DCI argued the trial court erred in denying its motion to vacate because its late attorney kept his illness a secret. DCI also argued the court abused its discretion in awarding costs and attorney’s fees to Plemper. The Supreme Court affirmed in part the district court’s order denying DCI’s motion to vacate the order. The Supreme Court reversed in part the court’s order awarding costs and attorney’s fees and reversed in part the judgment awarding costs and attorney’s fees to Plemper in the amount of $1,625.00.
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