2006-05-30 Notice of Motion to Amend Complaint
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STATt OF MINNESOTA
COuNTY OF WRIGHT
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City 01 Albertville, Minnesota,
Plaintiff,
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Case Type: Other Civil
Court File No. C9-05-2481
PLAINTIFF'S
NOTICE OF MOTION
AND MOTION TO
AMEND COMPLAINT
AND VACATE
SCHEDULING ORDER
vs.
Edina evelopment Corporation,
: Defendant.
TO: k. Kyle Hegna, Wilkerson & Hegna, P.L.L.P., One Corporate Center III,
Suite 3100, 7300 Metro Boulevard, Edina, MN 55439-2302, attorney for
Defen<p.nt.
NOTICE OF MOTION AND MOTION
IPLEASE TAKE NOTICE that on May 30, 2006, at 9:00 a.m., before the
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Wrigh~ County District Court, at the Wright County Government Center, 10 N.W.
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secon4 Street, Buffalo, Minnesota 55313, Plaintiff will move the Court for: 1)
leave to amend the complaint as shown on the attached Exhibit A to this motion,
and 2) ~o vacate the scheduling order pending service of the amended complaint
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upon ap proposed defendants.
rrhe grounds for this motion are that the Plaintiff has recently been made
aware of facts which indicate that additional violations of the developer's
agreements between Plaintiff and Defendant which are the subject of the present
litigati<iln have occurred which create additional causes of action against Defendant
Edina :l;)evelopment Corporation, Short, Elliot & Hendrickson, Inc., E.G. Rud &
Sons, Inc., and Plowe Engineering, Inc.
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Ac,cordingly, Plaintiff seeks an order from the Court:
1. Gqmting Plaintiff leave to amend the Complaint in the form attached as
Expibit A hereto.
2. Va ating the scheduling order issued by the Court pending service of the
ended Complaint upon all proposed defendants.
T s motion is made pursuant to Minn. R. Civ. P. 15.01 and is based upon the
entire I de, record, and proceedings herein, together with the accompanying
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memordum oflaw and affidavits.
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Dated:1 May 16, 2006
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Michael C. Couri (#214887)
Couri & MacArthur Law Office
705 Central Ave. E.
P.O. Box 369
St. Michael, MN 55376
(612) 497-1930
Attorney for Petitioner
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