Preview
27-CV-21-14059
Filed in District Court
State of Minnesota
6/9/2022 6:52 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Breach of Warranty
Breach of Contract; Negligence
______________________________________
Peter M. Brown and Heidi, J. Brown, Court File No. 27-CV-21-14059
Judge: Joseph R Klein
Plaintiffs,
vs. AFFIDAVIT/DECLARATION OF
IDENTIFICATION, NO ANSWER,
Elite Restoration Pro, LLC, NON-MILITARY STATUS, AMOUNT
DUE AND COSTS AND DISBURSEMENTS
Defendant and
Third-Party Plaintiff,
vs.
New quality roofing, llc; JD Remodeling
Exteriors, LLC; and JD Exteriors, LLC,
Third-Party Defendants.
_______________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
I, Lars C. Erickson, pursuant to Minn. Stat. § 358.116, declare as follows:
1. I am an attorney representing Defendant and Third-Party Plaintiff Elite Restoration
Pro, LLC (“Elite”) with regard to the above-captioned action. This Declaration is submitted in
support of Elite’s motion for default judgment pursuant to Rule 55.01 of the Minnesota Rules of
Civil Procedure.
2. Between 2018 and 2020, Elite retained Third-Party Defendants JD Exteriors, LLC
and/or JD Remodeling Exteriors, LLC to repair the roof and chimney at Plaintiffs’ home.
3. Plaintiffs sued Elite in September of 2021 seeking, among other things, the cost to
repair the chimney and roof on their home and to repair damage to the interior of their home caused
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27-CV-21-14059
Filed in District Court
State of Minnesota
6/9/2022 6:52 AM
by water leakage through the roof and/or chimney. A true and correct copy of Plaintiffs’
Complaint is attached hereto as Exhibit D.
4. Plaintiffs supplied Elite with an expert report from Advanced Consulting &
Inspection dated October 18, 2021. This report identifies alleged defects in the installation of
roofing materials and/or chimney flashings at the cause of the water intrusion into Plaintiffs’ home.
A true and correct copy of the October 18, 2021 Advanced Consulting & Inspection Report is
attached hereto as Exhibit E.
5. Several repair attempts were made between October of 2018 and March of 2020.
Despite the repair attempts, Plaintiffs’ roof has continued to leak.
6. Elite served Third-Party Defendant JD Exteriors, LLC with a Third-Party
Summons and Third-Party Complaint through service upon the Minnesota Secretary of State’s
Office on November 23, 2021. Elite’s Third-Party Complaint seeks contribution and/or indemnity
from JD Exteriors, LLC to the extent Plaintiffs are awarded any damages from the jury after the
trial of this case. A true and correct copy of Elite’s Third-Party Complaint is attached hereto as
Exhibit F, and the Affidavit of Service is attached hereto as Exhibit G.
7. Elite served Third-Party Defendants JD Exteriors, LLC and JD Remodeling
Exteriors, LLC with an Amended Third-Party Complaint through service upon the Minnesota
Secretary of State’s Office on April 1, 2022. Elite’s Amended Third-Party Complaint seeks
contribution and/or indemnity from JD Exteriors, LLC and/or JD Remodeling Exteriors, LLC to
the extent Plaintiffs are awarded any damages from the jury after the trial of this case. A true and
correct copy of Elite’s Amended Third-Party Complaint is attached hereto as Exhibit H, and the
Affidavits of Service is attached hereto as Exhibit I.
8. To date, neither JD Exteriors, LLC nor JD Remodeling Exteriors, LLC have
answered the Third-Party Complaint and/or the Amended Third-Party Complaint.
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27-CV-21-14059
Filed in District Court
State of Minnesota
6/9/2022 6:52 AM
9. As of the date of filing this Motion for Default Judgment, Third-Party Defendants
JD Exteriors, LLC and JD Remodeling Exteriors, LLC have not served a valid Answer or
otherwise responded in any way to the Third-Party Summons and Third-Party Complaint and/or
the Amended Third-Party Summons and Amended Third-Party Complaint.
10. Third-Party Defendants JD Exteriors, LLC and JD Remodeling Exteriors, LLC are
a legal entities, not individuals and, therefore, are not currently in the military, and the
Servicemembers’ Civil Relief Act of 2003 f/k/a Soldiers’ and Sailors’ Civil Relief Act of 1940
does not apply.
11. Attached hereto as Exhibit J is a true and correct copy of Plaintiffs’ repair estimate
from Allstar Construction & Maintenance.
12. Attached hereto as Exhibit K is a true and correct copy of Plaintiffs’ repair estimate
from APK Restoration, LLC.
13. Attached hereto as Exhibit L is a true and correct copy of Plaintiffs’ repair estimate
from Northrup, Inc.
14. Elite seeks contribution and/or indemnity from Third-Party Defendants JD
Exteriors, LLC and JD Remodeling Exteriors, LLC, jointly and severally for any
damages/judgments entered against Elite at the trial in this case. At this point, Plaintiffs’ alleged
damages are based upon the numbers contained in Exhibits J-L.
15. Elite reserves the right to prove additional amounts of incurred costs and
disbursements and attorneys’ fees at a later date.
I declare under penalty of perjury that everything I have stated in this declaration is true
and correct.
Date: June 8, 2022 s/ Lars C. Erickson
Lars C. Erickson
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Preview
27-CV-21-14059 Filed in District Court State of Minnesota 6/9/2022 6:52 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Breach of Warranty Breach of Contract; Negligence ______________________________________ Peter M. Brown and Heidi, J. Brown, Court File No. 27-CV-21-14059 Judge: Joseph R Klein Plaintiffs, vs. AFFIDAVIT/DECLARATION OF IDENTIFICATION, NO ANSWER, Elite Restoration Pro, LLC, NON-MILITARY STATUS, AMOUNT DUE AND COSTS AND DISBURSEMENTS Defendant and Third-Party Plaintiff, vs. New quality roofing, llc; JD Remodeling Exteriors, LLC; and JD Exteriors, LLC, Third-Party Defendants. _______________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Lars C. Erickson, pursuant to Minn. Stat. § 358.116, declare as follows: 1. I am an attorney representing Defendant and Third-Party Plaintiff Elite Restoration Pro, LLC (“Elite”) with regard to the above-captioned action. This Declaration is submitted in support of Elite’s motion for default judgment pursuant to Rule 55.01 of the Minnesota Rules of Civil Procedure. 2. Between 2018 and 2020, Elite retained Third-Party Defendants JD Exteriors, LLC and/or JD Remodeling Exteriors, LLC to repair the roof and chimney at Plaintiffs’ home. 3. Plaintiffs sued Elite in September of 2021 seeking, among other things, the cost to repair the chimney and roof on their home and to repair damage to the interior of their home caused 1 27-CV-21-14059 Filed in District Court State of Minnesota 6/9/2022 6:52 AM by water leakage through the roof and/or chimney. A true and correct copy of Plaintiffs’ Complaint is attached hereto as Exhibit D. 4. Plaintiffs supplied Elite with an expert report from Advanced Consulting & Inspection dated October 18, 2021. This report identifies alleged defects in the installation of roofing materials and/or chimney flashings at the cause of the water intrusion into Plaintiffs’ home. A true and correct copy of the October 18, 2021 Advanced Consulting & Inspection Report is attached hereto as Exhibit E. 5. Several repair attempts were made between October of 2018 and March of 2020. Despite the repair attempts, Plaintiffs’ roof has continued to leak. 6. Elite served Third-Party Defendant JD Exteriors, LLC with a Third-Party Summons and Third-Party Complaint through service upon the Minnesota Secretary of State’s Office on November 23, 2021. Elite’s Third-Party Complaint seeks contribution and/or indemnity from JD Exteriors, LLC to the extent Plaintiffs are awarded any damages from the jury after the trial of this case. A true and correct copy of Elite’s Third-Party Complaint is attached hereto as Exhibit F, and the Affidavit of Service is attached hereto as Exhibit G. 7. Elite served Third-Party Defendants JD Exteriors, LLC and JD Remodeling Exteriors, LLC with an Amended Third-Party Complaint through service upon the Minnesota Secretary of State’s Office on April 1, 2022. Elite’s Amended Third-Party Complaint seeks contribution and/or indemnity from JD Exteriors, LLC and/or JD Remodeling Exteriors, LLC to the extent Plaintiffs are awarded any damages from the jury after the trial of this case. A true and correct copy of Elite’s Amended Third-Party Complaint is attached hereto as Exhibit H, and the Affidavits of Service is attached hereto as Exhibit I. 8. To date, neither JD Exteriors, LLC nor JD Remodeling Exteriors, LLC have answered the Third-Party Complaint and/or the Amended Third-Party Complaint. 2 27-CV-21-14059 Filed in District Court State of Minnesota 6/9/2022 6:52 AM 9. As of the date of filing this Motion for Default Judgment, Third-Party Defendants JD Exteriors, LLC and JD Remodeling Exteriors, LLC have not served a valid Answer or otherwise responded in any way to the Third-Party Summons and Third-Party Complaint and/or the Amended Third-Party Summons and Amended Third-Party Complaint. 10. Third-Party Defendants JD Exteriors, LLC and JD Remodeling Exteriors, LLC are a legal entities, not individuals and, therefore, are not currently in the military, and the Servicemembers’ Civil Relief Act of 2003 f/k/a Soldiers’ and Sailors’ Civil Relief Act of 1940 does not apply. 11. Attached hereto as Exhibit J is a true and correct copy of Plaintiffs’ repair estimate from Allstar Construction & Maintenance. 12. Attached hereto as Exhibit K is a true and correct copy of Plaintiffs’ repair estimate from APK Restoration, LLC. 13. Attached hereto as Exhibit L is a true and correct copy of Plaintiffs’ repair estimate from Northrup, Inc. 14. Elite seeks contribution and/or indemnity from Third-Party Defendants JD Exteriors, LLC and JD Remodeling Exteriors, LLC, jointly and severally for any damages/judgments entered against Elite at the trial in this case. At this point, Plaintiffs’ alleged damages are based upon the numbers contained in Exhibits J-L. 15. Elite reserves the right to prove additional amounts of incurred costs and disbursements and attorneys’ fees at a later date. I declare under penalty of perjury that everything I have stated in this declaration is true and correct. Date: June 8, 2022 s/ Lars C. Erickson Lars C. Erickson 3