2005-12 Order
ST A E OF MINNESOTA
CO TY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil- Breach of Contract
City f Albertville, Minnesota,
Court File No. C9-05-2481
Plaintiff
vs.
ORDER
Edina Development Corporation,
Defendant.
The bove-entitled matter came on for hearing pursuant to motion by Plaintiff
see' g to amend the Complaint pursuant to Minn.R.Civ.P. 15.01 and seeking to
'ct Court at the Wright County Government Center, Buffalo, Minnesota.
vacat the scheduling order on May 30, 2006 before the undersigned Judge of the
Attorney Michael C. Couri appeared for Plaintiff City of Albertville.
Atto ey Kyle Hegna appeared for Defendant Edina Development Corporation.
Based upon the files, records and proceedings herein, and being fully
advis d of the premises, the Court makes the following:
FINDINGS OF FACT
1. T e parties have entered into a conditional settlement agreement on May 8,
2 06, which, if its conditions are fulfilled, will dispose of all present claims
br ught in this litigation.
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2. he parties have not engaged in any substantial litigation preparation since the
t ntative settlement was reached in December, 2005.
3. 0 documents have been exchanged in discovery and no depositions have been
t en yet in this case.
4. he City of Albertville recently became aware of facts indicating that an
a ditional cause of action against the Defendant and other parties may exist
hich is related to the claims asserted in this case.
5. he City has acted in a timely manner upon becoming aware of these facts to
end the Complaint.
6. he Defendant will not be prejudiced by the amendment of the Complaint by
7. J stice requires the amendment of the Complaint as requested by Plaintiff.
ORDER
1. T e Plaintiff s motion to amend the Complaint in substantially the same form
d content as attached to Plaintiff s motion is hereby granted.
2. T e existing Scheduling Order is hereby vacated pending the convening of a
s heduling conference at which the existing Defendant and the proposed
D fendants have been duly noticed.
Date
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