On July 29, 2013 a
Order-Other
was filed
involving a dispute between
and
for Default Judgment
in the District Court of Beltrami County.
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Beltran Court Administration
STATE OF MINNESOTA FE \LED . DISTRICT COURT
1
COUNTY OF BELTRAMI Mar 0 ea me
NINTH “OAS. Saat
$$ nrrnict 000% O8-)AB-24O
Discover Bank, pELTRAM STANK COUNTY
Plsinciet, at ORDER
vs.
Judith Ileane Krueth,
Defendant.
The above entitled matter came on for hearing on April 7, 2014, before the Honorable Shari
R. Schluchter, Judge of the above named Court. Amy L. Blowers, Esq., appeared on behalf of the
Plaintiff. Defenadnt Judith Ileane Krueth also personally appeared, Based upon the all the files,
records and pleadings herein and the Court being duly advised in the premises, the Court finds the
following:
FINDINGS OF FACT
L Plaintiff brought a summary judgment motion against Defendant for an unpaid credit card
debt owed to Discover Bank. The Defendant responded to Plaintiff's lawsuit with an Answer
and Counterclaim and responded to both Plaintiff's discovery and Plaintiff's summary
judgment motion. In its moving papers Plaintiff also requested Defendant's counterclaim
be dismissed with prejudice.
2. Both parties appeared at the summary judgment motion hearing held on January 6, 2014.
During oral arguments at the summary judgment motion Defendant read a statement and
raised the sume arbitration issue that she raises in this motion. Plaintiff objected to the
request on the grounds that Defendant had waived the right to request the matter be referred
to arbitration so late in the court proceedings.
3. The court rejected Defendant's arbitration argument at the summary judgment hearing andBetram Court Administration
granted summary judgment in favor of Plaintiff. The court also dismissed Defendant's
counterclaim with prejudice.
Defendant brings this motion to reconsider asking the court to sct aside the summary
judgment and refer this matter to binding arbitration.
The Defendant did not obtain express permission of the court prior to bringing her motion.
At the April 7, 2014, hearing Defendant stated on the record that her first request to refer the
matter to arbitration was at the January 6, 2014, hearing.
Based upon the foregoing Findings of Fact, this Court makes the following:
CONCLUSIONS OF LAW
Motions to reconsider are prohibited unless the court expressly grants permission for them
upon a showing of compelling circumstances. Minn. R. Gen. P, 115.11.
Request for a motion to reconsider are to be made by letter to the court.
Defendant made no such request for a motion to reconsider Judge Schluchter’s decision,
Waiver of arbitration requires a finding that a party voluntarily relinquished a known right
and a finding of prejudice to the party opposing arbitration. Fedie v. Mid-Century Ins. Co.,
631 N.W. 2d 815, 820 (Minn. Ct. App. 2001). A party to a contract containing an arbitration
provision will be deemed to have waived any right to arbitration ifjudicial proceedings based
on that contract have been initiated and have not been expeditiously challenged on grounds
that the disputes are to be arbitrated. Brothers Jurewicz, Inc. v, Atari, Inc., 296 N.W.2d 422,
428 (Minn. 1980).Bettrame Court Administration
Based upon the foregoing Conclusions of Law, this Court makes the following:
IT IS HEREBY ORDERED:
i Defendant’s motion to set aside the summary judgment entered against her is hereby
DENIED.
BY COURT:
le R. Schluchter
Judge of District Court
Dated: long 6 201
Document Filed Date
May 05, 2014
Case Filing Date
July 29, 2013
Category
Default Judgment
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Beltran Court Administration STATE OF MINNESOTA FE \LED . DISTRICT COURT 1 COUNTY OF BELTRAMI Mar 0 ea me NINTH “OAS. Saat $$ nrrnict 000% O8-)AB-24O Discover Bank, pELTRAM STANK COUNTY Plsinciet, at ORDER vs. Judith Ileane Krueth, Defendant. The above entitled matter came on for hearing on April 7, 2014, before the Honorable Shari R. Schluchter, Judge of the above named Court. Amy L. Blowers, Esq., appeared on behalf of the Plaintiff. Defenadnt Judith Ileane Krueth also personally appeared, Based upon the all the files, records and pleadings herein and the Court being duly advised in the premises, the Court finds the following: FINDINGS OF FACT L Plaintiff brought a summary judgment motion against Defendant for an unpaid credit card debt owed to Discover Bank. The Defendant responded to Plaintiff's lawsuit with an Answer and Counterclaim and responded to both Plaintiff's discovery and Plaintiff's summary judgment motion. In its moving papers Plaintiff also requested Defendant's counterclaim be dismissed with prejudice. 2. Both parties appeared at the summary judgment motion hearing held on January 6, 2014. During oral arguments at the summary judgment motion Defendant read a statement and raised the sume arbitration issue that she raises in this motion. Plaintiff objected to the request on the grounds that Defendant had waived the right to request the matter be referred to arbitration so late in the court proceedings. 3. The court rejected Defendant's arbitration argument at the summary judgment hearing andBetram Court Administration granted summary judgment in favor of Plaintiff. The court also dismissed Defendant's counterclaim with prejudice. Defendant brings this motion to reconsider asking the court to sct aside the summary judgment and refer this matter to binding arbitration. The Defendant did not obtain express permission of the court prior to bringing her motion. At the April 7, 2014, hearing Defendant stated on the record that her first request to refer the matter to arbitration was at the January 6, 2014, hearing. Based upon the foregoing Findings of Fact, this Court makes the following: CONCLUSIONS OF LAW Motions to reconsider are prohibited unless the court expressly grants permission for them upon a showing of compelling circumstances. Minn. R. Gen. P, 115.11. Request for a motion to reconsider are to be made by letter to the court. Defendant made no such request for a motion to reconsider Judge Schluchter’s decision, Waiver of arbitration requires a finding that a party voluntarily relinquished a known right and a finding of prejudice to the party opposing arbitration. Fedie v. Mid-Century Ins. Co., 631 N.W. 2d 815, 820 (Minn. Ct. App. 2001). A party to a contract containing an arbitration provision will be deemed to have waived any right to arbitration ifjudicial proceedings based on that contract have been initiated and have not been expeditiously challenged on grounds that the disputes are to be arbitrated. Brothers Jurewicz, Inc. v, Atari, Inc., 296 N.W.2d 422, 428 (Minn. 1980).Bettrame Court Administration Based upon the foregoing Conclusions of Law, this Court makes the following: IT IS HEREBY ORDERED: i Defendant’s motion to set aside the summary judgment entered against her is hereby DENIED. BY COURT: le R. Schluchter Judge of District Court Dated: long 6 201