Holkesvig v. Grove

• Citation: 2014 ND 57,844 N.W.2d 557
• Decision Date: 03 April 2014
• Docket Number: No. 20130176.,20130176.
• Court: North Dakota Supreme Court
• Parties: Randy HOLKESVIG, Plaintiff and Appellant v. Gary GROVE, Defendant and Appellee.

844 N.W.2d 557

2014 ND 57

Randy HOLKESVIG, Plaintiff and Appellant

v.Gary GROVE, Defendant and Appellee.

No. 20130176.

Supreme Court of North Dakota.

April 3, 2014.

Randy Holkesvig, Fargo, N.D., plaintiff and appellant; submitted on brief.

Daniel L. Gaustad, Grand Forks, N.D., for defendant and appellee; submitted on brief.

KAPSNER, Justice.

[¶ 1] Randy Holkesvig appeals from district court orders denying him leave of court to file post-judgment motions, denying his motion to vacate or void judgment, and ordering the Grand Forks County Clerk of Court not to accept any further pleadings of any kind from him in this case, other than a notice of appeal. We affirm, concluding the district court did not abuse its discretion in entering the orders.

I

[¶ 2] After Holkesvig pleaded guilty to stalking in 2008, Holkesvig engaged in extensive litigation against various parties, including unsuccessfully suing the complaining witness, two prosecutors, and a deputy sheriff, and alleging wrongdoing in the criminal investigation and prosecution. See Holkesvig v. Moore, 2013 ND 2, 828 N.W.2d 546;Holkesvig v. Welte, 2012 ND 236, 823 N.W.2d 786;Holkesvig v. Grove, 2012 ND 208, 823 N.W.2d 786;Holkesvig v. Welte, 2012 ND 142, 818 N.W.2d 760;Holkesvig v. Welte, 2012 ND 14, 809 N.W.2d 323;Holkesvig v. Moore, 2011 ND 199, 806 N.W.2d 438;Holkesvig v. Welte, 2011 ND 161, 801 N.W.2d 712. Holkesvig also unsuccessfully sought post-conviction relief from the consequences of his guilty plea to stalking. Holkesvig v. State, 2013 ND 1, 828 N.W.2d 546.

[¶ 3] In 2011, Holkesvig sued Gary Grove, a sergeant with the Grand Forks County Sheriff's Department, essentially alleging misconduct and negligent supervision of a sheriff's deputy during the criminal investigation. Grove, 2012 ND 208, ¶ 2, 823 N.W.2d 786. The district court granted summary judgment in Grove's favor, concluding Holkesvig's claims were frivolous, and ordered him to pay costs and attorney fees. Id. The court also entered orders denying Holkesvig's numerous post-judgment motions and prohibiting him from filing any further motions or pleadings in this case. Id. This Court summarily affirmed the judgment and the orders denying his post-judgment motions and prohibiting him from filing further motions and pleadings in this case. Grove, 2012 ND 208, ¶ 3, 823 N.W.2d 786.

[¶ 4] After his prior appeal, however, Holkesvig continued in 2013 to file post-judgment motions and attachments in the district court, including motions for leave of court, motions to vacate or void the judgment, motions for leave to file a motion for reconsideration, a motion to recuse, and other various complaints including against the sheriff and a judge. Holkesvig also filed voluminous documents and attachments, containing copies of previously filed documents. The district court thereafter entered further orders on April 9, 2013, and May 13, 2013, denying Holkesvig leave to file any post-judgment motions and denying his motion to vacate or void the judgment.

[¶ 5] The district court found the motions presented nothing that had not previously been addressed or considered, failed to set forth any valid basis to vacate the prior judgment under N.D.R.Civ.P. 60(b), and the arguments were repetitive and had already been ruled on. In its May 2013 order, the court also ordered the Grand Forks County Clerk of Court not to accept any further pleadings of any kind from Holkesvig in this case, other than a notice of appeal. The court observed that Holkesvig had repeatedly filed voluminous pleadings and exhibits that did not state new claims that would give rise to relief and that Holkesvig continuously alleges that almost every police officer, prosecutor, judge, or court employee has treated him unfairly. The court explained that this is an “extreme case that has become burdensome to the court system” and that this case and prior cases demonstrate Holkesvig will continue to file pleadings.

[¶ 6] Holkesvig appealed from both the April 2013 and May 2013 orders.

II

[¶ 7] Generally, this Court reviews orders enjoining certain future litigation under the abuse of discretion standard. See Holkesvig v. Welte, 2012 ND 142, ¶ 6, 818 N.W.2d 760;Federal Land Bank of St. Paul v. Ziebarth, 520 N.W.2d 51, 56 (N.D.1994). After the district court has issued such an injunction, the court's denial of a motion for leave to file further lawsuits or pleadings is akin to the denial of a motion for leave to amend a complaint, which we also review for an abuse of discretion. Welte, 2012 ND 142, ¶ 6, 818 N.W.2d 760;Johnson v. Hovland, 2011 ND 64, ¶ 8, 795 N.W.2d 294.

[¶ 8] Additionally, we have said that a party moving for relief under N.D.R.Civ.P. 60(b) has the burden to establish “sufficient grounds for disturbing the finality of the decree,” and a district court should grant relief “only in exceptional circumstances.” Follman v. Upper Valley Special Educ. Unit, 2000 ND 72, ¶ 10, 609 N.W.2d 90. This Court will not reverse the district court's decision under N.D.R.Civ.P. 60(b) absent an abuse of discretion. Brigham Oil & Gas, L.P. v. Lario Oil & Gas Co., 2011 ND 154, ¶ 46, 801 N.W.2d 677. A district court abuses its discretion when it acts arbitrarily, unconscionably, or unreasonably, when it misinterprets or misapplies the law, or when its decision is not the product of a rational mental process leading to a reasoned determination. Brigham Oil & Gas, at ¶ 46;Hovland, 2011 ND 64, ¶ 8, 795 N.W.2d 294.

III

[¶ 9] Holkesvig raises numerous issues on appeal, including that the district court did not lawfully dismiss his March 11, 2013, motion to vacate and/or void judgment; that the district court abused its discretion; that subject matter jurisdiction was violated relevant to the 2012 opinion and 2013 orders; that fraud upon the court occurred to corrupt and cover up the 2012 rulings with frivolous rulings in 2013; that his constitutional and due process claims have merit; that misapplication of a trust account, fraud and deceit from 2012 conflicts with jurisprudence in 2013; that an oral hearing was legally requested and illegally denied; and that he was denied access to the court from April 18, 2013, in violation of the First, Fifth, and Fourteenth Amendments to the United States Constitution.

[¶ 10] In response to Holkesvig's myriad of issues, Grove responds that res judicata precludes Holkesvig's arguments; that the district court properly denied Holkesvig's post-judgment motions; that Holkesvig's arguments regarding misapplication of a trust account, fraud and deceit are factually without merit and are irrelevant; that Holkesvig was not entitled to oral argument on his motions because Holkesvig did not obtain leave from the district court to file the motion; and that Holkesvig's appeal is frivolous, warranting an award of just damages and double costs, including reasonable attorney fees.

A

[¶ 11] Generally, “[t]he doctrines of res judicata and collateral estoppel bar courts from relitigating claims and issues in order to promote the finality of judgments, which increases certainty, avoids multiple litigation, wasteful delay and expense, and ultimately conserves judicial resources.” Ungar v. North Dakota State Univ., 2006 ND 185, ¶ 10, 721 N.W.2d 16. Whether res judicata or collateral estoppel applies presents a question of law, which is fully reviewable on appeal. Id.

[¶ 12] “Res judicata, or claim preclusion, prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies.” Id. at ¶ 11. “[R]es judicata means a valid, existing final judgment from a court of competent jurisdiction is conclusive with regard to claims raised, or those that could have been raised and determined, as to their parties and their privies in all other actions.” Id. “Res judicata applies even if subsequent claims are based upon a different legal theory.” Id. “Collateral estoppel, or issue preclusion, forecloses relitigation of issues of either fact or law in a second action based on a different claim, which were necessarily litigated, or by logical and necessary implication must have been litigated, and decided in the prior action.” Id. Under res judicata and collateral estoppel, only parties or their privies are bound by the prior proceedings. Id.

[¶ 13] On the basis of our review of the record, we conclude the issues raised by Holkesvig are either barred by res judicata or collateral estoppel, are frivolous, or are wholly unrelated to his claims against the defendant Grove that were previously dismissed by summary judgment and affirmed in the prior appeal of this case. Grove, 2012 ND 208, ¶ 3, 823 N.W.2d 786. Holkesvig also argues, however, that the district court's orders entered on March 29, 2012, and June 22, 2012, while his prior appeal in this case was pending, were issued without subject matter jurisdiction and should be void and vacated in this appeal.

[¶ 14] In one order filed March 29, 2012, the court disposed of numerous post-judgment motions Holkesvig had filed subsequent to the court's entry of judgment after granting summary judgment in Grove's favor, including a motion for relief from judgment because the summary judgment does not support the judicial rulings or findings, another motion for relief from judgment, an objection to costs, a motion to stay proceedings pending his post-conviction relief, a motion for new trial, a motion for relief from neglect of duty, and a motion that the district court follow the North Dakota statutes and rules of civil procedure where facts and/or law are at issue. In the March 29, 2012, order regarding any future filing, the court prohibited Holkesvig from filing further motions or pleadings in the district court in this case unless this Court remanded the case, and relieved Grove from responding to any further motion in the district court unless the court requests a response. In the June 22, 2012, order, the court denied Holkesvig's...