2005-10-27 Informational Statement and Stipulation
"Also licensed in illinois
COURI, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Bo;'( 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
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Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe"
David R. Wendorf
Kristen H. Carr
Alison K. Marwitz
""Also licensed in California
October 27,2005
VIA FACSIMILE
Wright County Court Administration
Fax No.: 763-682-7300
Re: City of Albertville vs. Edina Development Corporation;
Court File No. C9-05-2481
Dear Court Administrator:
Enclosed for filing please find an Informational Statement and a Stipulation and
Scheduling Order in the above-referenced matter. This case is set for a Scheduling
Conference tomorrow, October 28,2005. Please call to confirm that this Scheduling
Conference is now removed from the Court's calendar.
These documents will be filed with the Court once original signatures have been obtained
from both parties.
If you have any questions, please do not hesitate to call. Thank you.
Sincerely,
~~~
Kathleen H. Bost
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
cc: City of Albertville
Kyle Hegna
.Also licensed in illinois
COURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
courimacarthur@earthlink.net
David R. Wendorf
Kristen H. Carr
Alison K. Manvitz
Michael C. Coud.
Andrew J. MacArthur
Robert T. Ruppe**
"Also licensed in California
October 27, 2005
Mr. Kyle Hegna
Wilkerson & Hegna, PLLP
One Corporate Center III, Suite 300
7300 Metro Blvd.
Edina, MN 55349-2302
Re: City of Albertville vs. Edina Development Corporation;
Court File No. C9-05-2481
Dear Mr. Hegna:
Enclosed please find the original signed Information Statement and Stipulation and
Scheduling Order in the above-referenced matter. Please sign these originals and return
the same to me in the enclosed self-addressed, stamped envelope.
If you have any questions, please do not hesitate to call. Thank you.
Sincerely,
V-o.-thh-m 'Blclt
Kathleen H. Bost
Couri, MacArthur & Ruppe, P.L.L.P.
Enclosures
cc: City of Albertville
, .
STATE OF MINNESOTA
COUNTY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil- Breach of Contract
City of Albertville, Minnesota,
Court File No. C9-05-2481
Plaintiff
vs.
INFORMATIONAL
STATEMENT
Edina Development Corporation
Defendant.
[JOINT] INFORMATIONAL STATEMENT
1. All parties (have) been served with process.
2. All parties (have) joined in the filing of this form.
3. Brief description of the case: Plaintiff is suing for reimbursement of costs
it incurred processing Defendant's developments. Plaintiff s claims are
based on contractual obligations of Defendant requiring reimbursement of
Plaintiff s expenses. Defendant asserts that Plaintiff has not provided
documentation required under the contract and therefore Defendant is not
obligated to reimburse the Plaintiff.
4. It is estimated that the discovery specified below can be completed within 5
months from the date of this form. (Check all that apply, and supply
estimates where indicated.)
a. Factual Depositions No _ Yes X_, estimated number: 14.
b. Medical Evaluations No X _ Yes _, estimated number: _
c. Experts Subject to Discovery No _ Yes X_, estimated number: 3_
5. Assignment as an expedited -X_ standard complex
case is requested. (If not standard case assignment, include brief statement
setting forth the reasons for the request.)
, ,
6. The dates and deadlines specified below are suggested.
a. December 23,2005 Deadline for joining additional parties,
whether by amendment or third party practice.
b. May 31, 2006 Deadline for bringing non-dispositive
motions.
c. May 31, 2006 Deadline for bringing dispositive motions.
d. Deadline for submitting (specify
issue) to the court.
e. N/ A Deadline for completing independent physical
examination pursuant to Minn.R.Civ.P. 35.
f. Date for formal discovery conference pursuant
to Minn.R.Civ.P. 26.06.
g. June 19,2006 Date for pretrial conference pursuant to
Minn.R.Civ.P. 16.
h. Date for scheduling conference.
i. Date for submission of a Joint Statement of the
Case pursuant to Minn.Gen.R.Prac. 112.
j. September 25,2006 Trial Date.
k. September 18,2006 Deadline for filing (proposed instructions),
(verdicts), (findings of fact), (witness list), (exhibit list).
1. Deadline for (specify).
7. Estimated trial time: J_ days hours (estimates less than a day
must be stated in hours).
8. A jury trial is: () waived by consent of Plaintiff (specify party)
pursuant to R.Civ.P. 38.02.
(X) requested by Defendant (specify party). (NOTE:
Applicable fee must be enclosed.)
9. a. Meeting: Counsel for the parties met on (Date) to discuss
case management issues.
b. ADR PROCESS (check one):
[X] Counsel agree that ADR is appropriate and choose the following:
[X] Mediation
[] Arbitration (non-binding)
[] Arbitration (binding)
[] Med- Arb
[] Early Neutral Evaluation
[] Moderated Settlement Conference
[] Mini-Trial
[] Summary Jury Trial
[] Consensual Special Magistrate
, ~ -:,,.
[] Impartial Fact-Finder
[] Other ( describe)
[] Counsel agree that ADR is appropriate but request that the
Court select the process.
[] Counsel agree that ADR is NOT appropriate because:
[] the case implicates the federal or state constitution.
[] other (explain with particularity)
[] domestic violence has occurred between the parties.
c. PROVIDER ( check one):
[] The parties have selected the following ADR neutral:
[] The parties cannot agree on an ADR neutral and request the
Court to appoint one
[X] The parties agreed to select an ADR neutral on or before
November 30. 2005
10. Please list any additional information which might be helpful to the court
when scheduling this letter.
ATTORNEY FOR PLAINTIFF
ATTORNEY FOR
DEFENDANT
~. .
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MIC ael C. Couri (214887)
Kristen H. Carr (0290749)
Couri, Macarthur & Ruppe, P .L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
Mr. Kyle Hegna (20240X)
Wilkerson & Hegna, P .L.L.P.
One Corporate Center III
Suite 300
7300 Metro Boulevard
Edina, MN 55439-2302
(952) 897-1707
STATE OF MINNESOTA
COUNTY OF WRIGHT
DISTRICT COURT
TENTH JUDICIAL DISTRICT
Other Civil- Breach of Contract
City of Albertville, Minnesota,
Court File No. C9-05-2481
Plaintiff
vs.
STIPULATION AND
SCHEDULING ORDER
Edina Development COlporation
Defendant.
STTPT IT ,A TTON'
IT IS HEREBY STIPULATED BY AND BETWEEN ALL PARTIES AS
FOLLOWS:
1. All parties certify that they have filed the information Statement required by
Minn. Gen. Rules Pract. 111.02.
Note the ADR process shall be completed within sixty (60) days from the date of this
Order, absent a showing of good cause as to why the matter cannot be completed
within said time. This matter shall remain on the civil trial calendar until the court is
notified of a settlement.
2. The parties stipulate to the following matters regarding the ADR process:
---X- A. Counsel agree that ADR is appropriate and;
--L Choose the following:
-Arbitration
---X- Mediation
_ Mini Trial
_ Neutral Fact Finding
_ Impartial Fact Finder
_ Other (Describe)
The neutral is:
_ Consensual Special Magistrate
_ Early Neutral Evaluation (ENE)
_ Mediation-Arbitration (Med- Arb)
_ Moderated Settlement Conference
_ Summary Jury Trial
-or-
_ Request the court to select the process
_ B. Counsel agree that ADR is NOT appropriate because:
_ The case implicates the federal or state constitution
- Domestic violence has occurred between the parties
_ Other (explain with particularity)
C. Counsel request the deadline for completing the ADR process be set for
~ D. Counsel request the deadline for selecting the neutral be set for Novemner
10,?00';;
_ E. The parties are unable to agree:
_ Which ADR process to use
- Length of time to accomplish/complete the ADR process
_ Who the neutral party should be
3. Discovery shall be completed in full on or before August 25,2006.
4. The deadline for joining additional parties to this action, whether by
amendment or third-party practice shall be December 23,2005.
5. All dispositive or non-dispositive motions shall be brought before the Court
not later than May 31, 2006.
6. All independent physical, mental or blood examinations pursuant to Minn. R.
Civil P. 35 shall be completed by N/ A (tnl~ 1~ not nece~~::lry vven tne f::lct~ of
tnl~ c::l~e).
7. The parties estimate a trial of 3 days duration.
8. That this matter shall be heard by the:
Court. A jury trial has been waived by all parties.
_X_ Jury. (Jury Fee accompanies this Stipulation and Scheduling Order)
The terms of this scheduling Order have been stipulated to by the parties and the parties
agree to bound thereby.
~lt0A/'--
A orney - Plaintiff
Name: Michael C. Coun
Registration # 214887
Name: Kristen H. Carr
Registration # 0290749
Phone #763-497-1930
Date: October 27,2005
Attorney - Defendant
Name: Kyle Hegna
Registration # 20240X
Phone # 952-897-1707
Date: October 27,2005
srHFDT IT JNG ORDFR:
Pursuant to the above Stipulation, the Court makes the following:
1._ a.
The ADR process is appropriate and the parties shall enter non-binding
alternative dispute resolution using the following: (type of process)
; to be completed by
-OR-
b. The ADR process is not appropriate and the parties shall proceed through District
Court and in accord with the following:
2. The above Stipulation and attached Information Statement are approved by the
Court, all of the dates therein are confirmed and adopted by the Court, and the
parties shall be bound thereby, absent good cause shown.
3. A Pre-Trial Conference shall be held on
at .m. before the Honorable at the
Wright County Government Center, 10 N.W. 2nd Street, Buffalo, Minnesota.
4. A Court/Jury Trial shall be held on , at .m.
before the Honorable , at the Wright County
Government Center, 10 N.W. 2nd Street, Buffalo, Minnesota.
5. Other:
Dated:
JUDGE OF DISTRICT COURT