Tillich v. Bruce

Plaintiffs Joni Tillich, Nicole LaFloe, Shawn Marcellais, Lisa DeCoteau, and Lynn Boughey filed an action in district court against defendants Don Bruce, Vinier Davis, and Linda Davis. The complaint alleged a tort claim for abuse of process based upon the defendants filing an action against the plaintiffs in Turtle Mountain Tribal Court. Defendants answered the complaint and raised defenses of lack of subject matter jurisdiction, lack of personal jurisdiction, and alleged the claim to be frivolous. Defendants also filed a motion to dismiss for lack of subject matter and personal jurisdiction and requested attorney fees and statutory costs for defending the action. Defendants filed and served several discovery requests and motions including interrogatories, requests for production, notice of deposition, subpoena duces tecum, and motions to command compliance with subpoena and to command attendance at deposition. After a hearing on the motion to dismiss for lack of subject matter jurisdiction, the district court converted the motion to dismiss into a motion for summary judgment because matters outside the pleadings were presented. Defendants' argument the district court lacked jurisdiction was based upon the fact the Plaintiffs' action was a tort claim against members of a federally recognized Indian tribe for actions alleged to have occurred between tribal members within the exterior boundaries of the Turtle Mountain Indian Reservation. The district court granted the motion for summary judgment and dismissed the action without prejudice. The court ultimately denied defendants' request for attorney fees, determining no fees should be awarded in the case after "[t]aking into account fees and expenses previously awarded in the companion case, 40-2015-CV-3." An inaccuracy in the judgment following the district court's order was found and corrected. The district court entered a corrected judgment and defendants appealed the corrected judgment. After review, the Supreme Court reversed the district court's denial of the defendants' request for attorney fees under N.D.C.C. 28-26-01(2) and remanded for calculation of attorney fees based upon accepted factors, and ordered the district court award attorney fees to the defendants. View "Tillich v. Bruce" on Justia Law