HomeMy WebLinkAboutAmended Notice of Motion
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1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW FIRM
Lommen. Ndson, Cole &: Slageberg. P. A.
Southside Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
(612) 339-8131
Minnesota WATS (800) 752-4297
FAX (612) 339-8064
Stephen C. Rathke
At torney at Law
Minneapolis Office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9305
September 23, 1993
Court Administrator
Scott County Courthouse
428 South Holmes st
Shakopee MN 55379-1377
RE: priorview Ltd. Partnership v. ISD No. 719, et ale
Court File No. 93-08239
Our File No. P31893
Dear Court Administrator:
Enclosed please find an Amended Notice of Motion and Motion.
Supporting affidavits, memorandum of law and proposed order have
been previously filed with the court.
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
Stephen C. Rathke
SCR: jrw
Enclosure
cc w/enclosure:
Daniel J. Young, Esq.
James E. Knutson, Esq.
Frank Boyles
Doug Gronli
Berkley Risk Service
Attn: Robert Weisbrod
Claim No. 11002679
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
Priorview Limited Partnership,
a/k/a Priorview Limited, a
Minnesota Limited Partnership,
Case No. 93-08239
Plaintiff,
AMENDED
NOTICE OF MOTION
AND MOTIONS
v.
Independent School District No. 719
of Scott County and the
City of Prior Lake,
Defendants.
TO: PLAINTIFF ABOVE-NAMED AND ITS ATTORNEYS DANIEL J. YOUNG, ESQ.,
BOLOGNA & YOUNG, 2100 NORWEST FINANCIAL CENTER, 7900 XERXES
AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55431.
PLEASE TAKE NOTICE that the undersigned will bring the
following motions on for hearing pursuant to Rules 12 and 56 of the
Minnesota Rules of Civil Procedure at the Scott County Courthouse,
in the City of Shakopee, County of Scott, State of Minneapolis on
Wednesday, November 3. 1993. at 9:00 a.m., or as soon thereafter as
counsel may be heard.
MOTIONS
1. For a Motion to Dismiss on the grounds that Plaintiff's
Complaint fails to state facts upon which a claim can be based, the
City of Prior Lake enjoys official and discretionary immunity and
Plaintiff's Complaint is barred by the applicable statute of
limitations.
2. For a Motion to Strike Plaintiffs' claim for puni tive
damages on the grounds that Plaintiff has not obtained court
approval for this claim.
3. For a Motion to Strike Count III of Plaintiff's Complaint
on the grounds that Plaintiff fails to recite a claim of fraud and
misrepresentation with the requisite specificity.
Said motions will be based upon all the files herein, and on
oral arguments of counsel.
Dated: September
L1-
" 1993
::M~L~~ C
Stephen e. Rathke, 1.0. No. 89771
Attorneys for City of Prior Lake
1800 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 339-8131
s: \SHDATA\P31893\SCR\PRIOR. PN2
PROOF OF SERVICE
The undersigned certifies that the foregoing
Instrument was served upon all parties to the
above cause by depositing a copy thereof in the
us Mail. (lastage prepaid, in envelopes AdJreS$t')d
to each of the attorneys of record herein at
their respective Id~re;ses disClosed on the
plea~s. on ~. cJ. 7 . 19J'"f ,
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1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
LAW
FIR M
Southsidc Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
LOl//lI/('II. Nt'IJOII. G,le & Sttlgeba~. P. A.
(612) 339-8131
Minnesota WATS (800) 752-4297
FAX (612) 339-8064
Stephen C. Rathke
At torney at Law
Minneapolis Office
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 336-9305
September 23, 1993
Daniel J. Young, Esq.
BOLOGNA & YOUNG
2100 Norwest Financial Center
7900 Xerxes Ave S
Minneapolis MN 55431
RE: Priorview Ltd. Partnership v. ISD No. 719, et ale
Court File No. 93-08239
Our File No. P31893
Dear Mr. Young:
Enclosed and served upon you by U.S. Mail, please find an
Amended Notice of Motion and Motion which has the effect of
changing the hearing date from October 21, 1993 at 9:00 a.m. to
November 3, 1993 at 9:00 a.m. I have obtained the approval of the
court administrator for this change of date.
The reason that I am changing the date is to permit the school
district to make motions if it deems appropriate. The school
district could, of course, note a motion for a later date but this
would necessitate two separate hearing dates and duplicative
effort? Dn the part of all of the attorneys involved. In addition,
it provides you wi th more time to respond to the motion and
memorandum served upon you by the city of Prior Lake.
I continue to believe that you do not have a valid cause of
action against the city of Prior Lake. Some of your claims are
less valid than others. The city reserves the opportunity to seek
Lommen, Nelson, Cole &: Stageberg, PeA.
Daniel J. Young, Esq.
September 23, 1993
Page 2
appropriate sanctions pursuant to Rule 11 and ~inn. Sta~. 549.21 in
the event that the court agrees with the city's position that these
claims are groundless. The city, of course, would not seek
sanctions if you dismiss your Complaint rather than file a
responsive brief.
Very truly yours!
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
Stephen C. Rathke
SCR: jrw
Enclosure
cc w/enclosure:
bcc w/enclosure:
Marie C. Skinner, Esq.
Mr. Doug Gronli
Mr. Frank Boyles
Berkley Risk Service
Attn: Mr. Robert Weisbrod
Claim No. 11002679