Summary
The North Dakota Supreme Court affirmed the denial of Continental Resources, Inc.'s amended motion to intervene in a proceeding seeking reinstatement of a foreign limited liability company's certificate of authority. The court held Continental lacked a direct, substantial, and legally protectable interest in the reinstatement proceeding because its asserted interest arose from a separate lawsuit. The court also declined to exercise supervisory jurisdiction to vacate the prior reinstatement order.
Topics
Practice areas
Questions Presented
- Whether Continental Resources established the requirements for intervention as a matter of right under N.D.R.Civ.P. 24(a)(2).
- Whether Continental, having been denied intervention, could seek relief under N.D.R.Civ.P. 60(b) to vacate the prior reinstatement order.
- Whether the North Dakota Supreme Court should exercise supervisory jurisdiction to direct the district court to vacate the reinstatement order.
Holdings
- Continental was not entitled to intervene because its interest in the reinstatement proceeding was tangential and collateral rather than direct, substantial, and legally protectable.
- The district court properly refused to consider Continental's Rule 60(b) request because Rule 60(b) relief is available only to a party or the party's legal representative, and Continental was not a party.
- The Supreme Court declined to exercise supervisory jurisdiction because Continental did not show extraordinary circumstances, an inadequate alternative remedy, or an issue of vital public concern warranting supervisory relief.
Key quotations
“Each of these requirements must be met to intervene as a matter of right under N.D.R.Civ.P. 24(a)(2).” (2021 ND 162, ¶ 11)
“We exercise our authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.” (2021 ND 162, ¶ 26)
Factual background
P&P Industries, LLC I, a foreign limited liability company, had its North Dakota certificate of authority revoked in 2015 for failing to file an annual report. In April 2020, Richard Manning filed a petition seeking reinstatement, and the Secretary of State consented to immediate reinstatement. Continental Resources, which was litigating a separate action involving P&P's counterclaims, sought intervention because it believed reinstatement would affect its motion to dismiss those counterclaims.
Procedural history
Richard Manning filed a petition in Burleigh County District Court seeking reinstatement of P&P Industries, LLC I's authority to transact business in North Dakota. The district court entered an order reinstating P&P, after the Secretary of State consented to immediate reinstatement. Continental later moved to intervene and to vacate the reinstatement order, but the district court denied its original and amended motions. The North Dakota Supreme Court affirmed and declined to exercise supervisory jurisdiction.