Ricky Tonnesen v. Marlin Yacht Manufacturing

Plaintiff Ricky Tonnesen appeals the district court’s entry of an order dismissing his suit against Marlin Yacht Manufacturing, Inc. (“Marlin Yacht”), and Guiseppe Gismondi, the president of Marlin Yacht (collectively referred to as “Defendants”). Tonnesen argues that the district court erred in (1) dismissing his case based on an affidavit that the Defendants submitted without service to him, rendering it an ex parte communication; (2) denying his motion to strike the affidavit and motion to vacate the judgment; and (3) entering a final order as to his claims because issues of material fact…