Preview
27-FA-19-5763
Filed in District Court
State of Minnesota
1/7/2020 9:59 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
FAMILY COURT DIVISION
In re the Marriage of:
Court File No. 27-FA-19-5763
Shawn Nathaniel Larson,
Petitioner,
ORDER FOR PRETRIAL
and FOLLOWING TELEPHONE
CONFERENCE
Kimberly Ann Larson,
Respondent.
The Honorable Joshua Ogunleye, Referee of Fourth District Court, held a telephone
conference with counsel in this matter on Monday, December 30, 2019.
Petitioner (“Husband”) is represented by Kelly Boyd, Esq.
Respondent (“Wife”) is represented by Matthew Ludt, Esq.
Based upon the files, records, and proceedings herein, the Court makes the following:
FINDINGS OF FACT:
1. This phone conference came before the Honorable Joshua Ogunleye so the attorneys could
provide the court to an answer regarding the need for a Custody and Parenting Time
Evaluation.
2. During the phone conference, the attorneys informed the court that due to the special
needs of the parties’ minor children and the parent’s work schedules a Custody and
Parenting Time Evaluation would be needed to resolve this case.
3. Therefore, the court finds it appropriate to order a Custody and Parenting Time
Evaluation and set for a Pre-Trial Conference.
IT IS ORDERED:
1. The court will refer the parties to a Custody and Parenting Time Evaluation by separate
order.
2. This matter is set on for a Pre-Trial on Wednesday, July 8, 2020 at 9:00 a.m. in
courtroom 639 of the Hennepin County Family Justice Center, 110 South Fourth Street,
Minneapolis, Minnesota. Please be on time. This pretrial is scheduled for a minimum
of 2 hour(s). During this time, the parties are expected to make a good faith effort
to settle their case.
1
27-FA-19-5763
Filed in District Court
State of Minnesota
1/7/2020 9:59 AM
a. This conference is mandatory and shall be attended by the parties and by any
attorneys who will try the case.
b. A continuance will not be granted except for the most extraordinary and
unforeseeable events. Requests for continuance and reasons therefor must be
submitted in writing to the Law Clerk for the undersigned no later than seven
(7) days before the date of the hearing and a copy of the request furnished to other
attorneys of record.
c. No later than ten (10) days prior to the conference, counsel for the parties shall
each prepare and exchange a complete balance sheet setting forth a proposed
division of assets and liabilities of the parties, including the valuations of such
assets, and denoting any property claimed to be non-marital. Unless the Court
specifically instructs otherwise, this information should be exchanged by
counsel and not filed with the Court.
d. Pursuant to Rule 305.01 of the General Rules of Practice for Minnesota District
Courts – Family Court Procedure, no later than seven (7) days prior to the
conference, the parties shall exchange and file with the Court, their
Parenting/Financial Disclosure Statements or update previously filed
Parenting/Financial Disclosure Statements with service on all parties.
e. No later than three (3) days before the pretrial conference, counsel for the parties
shall exchange written offers of settlement as to each of the disputed issues. The
offers should not be filed with the Court and will not be a part of the public
record.
f. In the event the case cannot be settled, counsel shall be prepared to:
i. stipulate to facts and matters not at issue;
ii. attempt to settle outstanding issues;
iii. prepare a list of disputed issues;
iv. identify witnesses that are expected to be called and estimate the length of
the trial;
v. discuss the prospective proof with regard to any property whose non-
marital or marital character is disputed by the parties;
vi. discuss the prospective proof with regard to any property whose valuation
is disputed;
vii. schedule any motions that should be heard prior to trial; and
viii. discuss any unusual or disputed evidentiary or legal issues that are
anticipated to arise at trial.
3. ORDER FOR TRIAL: If this matter does not settle at or before the pre-trial conference,
an order for trial currently scheduled for Monday, August 10, 2020 at 9:00 a.m. will issue
following the pre-trial conference.
4. EXPEDITED, INFORMAL NON-DISPOSITIVE MOTION PROCESS: In the event
that a party believes it needs Court involvement in a dispute before the pretrial
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27-FA-19-5763
Filed in District Court
State of Minnesota
1/7/2020 9:59 AM
conference, the party should first attempt to resolve the dispute as required by Rule
115.10 of the General Rules of Practice for Minnesota District Courts. In the event the
parties are unable to resolve the dispute, the aggrieved party may avail itself of the
Expedited, Informal Non-Dispositive Motion Process set forth in the Rule 115.04(d) of
the General Rules of Practice for Minnesota District Courts.1
5. SERVICE: Service of a copy of this order shall be made upon self-represented parties by
first class U.S. mail at their address(es) last known to the Court Administrator, or to
attorneys by e-service, which shall be due and proper service for all purposes.
BY THE COURT:
Ogunleye,
Joshua
Dated: December 30, 2019 ______________________________
2020.01.06
Joshua J. Ogunleye
15:59:17 -06'00'
Referee of Fourth District Court
Dated: December 30, 2019 ______________________________
Thomas J. Conley
Judge of Fourth District Court
1
Expedited, Informal Non-Dispositive Motion Process. The moving party is encouraged to
consider whether the motion can be informally resolved through a telephone conference with the
judge or judicial officer. The moving party may invoke this informal resolution process by
written notice to the court and all opposing counsel and self-represented litigants. The moving
party must also contact the appropriate court administrative or judicial staff to schedule a phone
conference. The parties may (but are not required to) submit short letters, with or without a
limited number of documents attached (no briefs, declarations or sworn affidavits are to be filed),
prior to the conference to set forth their respective positions.
The court may, in its discretion, direct the manner of submission of the letters. The court will
read the written submissions of the parties before the phone conference, hear arguments of
counsel and self-represented litigants at the conference, and issue its decision at the conclusion
of the phone conference or shortly after the conference. Depending on the nature of the dispute,
the court may or may not issue a written order. The court may also determine that the dispute
must be presented to the court via formal motion and hearing. Telephone conferences will not be
recorded or transcribed. (Minn. Gen. R. Prac. 115.04(d))
3
Preview
27-FA-19-5763 Filed in District Court State of Minnesota 1/7/2020 9:59 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT FAMILY COURT DIVISION In re the Marriage of: Court File No. 27-FA-19-5763 Shawn Nathaniel Larson, Petitioner, ORDER FOR PRETRIAL and FOLLOWING TELEPHONE CONFERENCE Kimberly Ann Larson, Respondent. The Honorable Joshua Ogunleye, Referee of Fourth District Court, held a telephone conference with counsel in this matter on Monday, December 30, 2019. Petitioner (“Husband”) is represented by Kelly Boyd, Esq. Respondent (“Wife”) is represented by Matthew Ludt, Esq. Based upon the files, records, and proceedings herein, the Court makes the following: FINDINGS OF FACT: 1. This phone conference came before the Honorable Joshua Ogunleye so the attorneys could provide the court to an answer regarding the need for a Custody and Parenting Time Evaluation. 2. During the phone conference, the attorneys informed the court that due to the special needs of the parties’ minor children and the parent’s work schedules a Custody and Parenting Time Evaluation would be needed to resolve this case. 3. Therefore, the court finds it appropriate to order a Custody and Parenting Time Evaluation and set for a Pre-Trial Conference. IT IS ORDERED: 1. The court will refer the parties to a Custody and Parenting Time Evaluation by separate order. 2. This matter is set on for a Pre-Trial on Wednesday, July 8, 2020 at 9:00 a.m. in courtroom 639 of the Hennepin County Family Justice Center, 110 South Fourth Street, Minneapolis, Minnesota. Please be on time. This pretrial is scheduled for a minimum of 2 hour(s). During this time, the parties are expected to make a good faith effort to settle their case. 1 27-FA-19-5763 Filed in District Court State of Minnesota 1/7/2020 9:59 AM a. This conference is mandatory and shall be attended by the parties and by any attorneys who will try the case. b. A continuance will not be granted except for the most extraordinary and unforeseeable events. Requests for continuance and reasons therefor must be submitted in writing to the Law Clerk for the undersigned no later than seven (7) days before the date of the hearing and a copy of the request furnished to other attorneys of record. c. No later than ten (10) days prior to the conference, counsel for the parties shall each prepare and exchange a complete balance sheet setting forth a proposed division of assets and liabilities of the parties, including the valuations of such assets, and denoting any property claimed to be non-marital. Unless the Court specifically instructs otherwise, this information should be exchanged by counsel and not filed with the Court. d. Pursuant to Rule 305.01 of the General Rules of Practice for Minnesota District Courts – Family Court Procedure, no later than seven (7) days prior to the conference, the parties shall exchange and file with the Court, their Parenting/Financial Disclosure Statements or update previously filed Parenting/Financial Disclosure Statements with service on all parties. e. No later than three (3) days before the pretrial conference, counsel for the parties shall exchange written offers of settlement as to each of the disputed issues. The offers should not be filed with the Court and will not be a part of the public record. f. In the event the case cannot be settled, counsel shall be prepared to: i. stipulate to facts and matters not at issue; ii. attempt to settle outstanding issues; iii. prepare a list of disputed issues; iv. identify witnesses that are expected to be called and estimate the length of the trial; v. discuss the prospective proof with regard to any property whose non- marital or marital character is disputed by the parties; vi. discuss the prospective proof with regard to any property whose valuation is disputed; vii. schedule any motions that should be heard prior to trial; and viii. discuss any unusual or disputed evidentiary or legal issues that are anticipated to arise at trial. 3. ORDER FOR TRIAL: If this matter does not settle at or before the pre-trial conference, an order for trial currently scheduled for Monday, August 10, 2020 at 9:00 a.m. will issue following the pre-trial conference. 4. EXPEDITED, INFORMAL NON-DISPOSITIVE MOTION PROCESS: In the event that a party believes it needs Court involvement in a dispute before the pretrial 2 27-FA-19-5763 Filed in District Court State of Minnesota 1/7/2020 9:59 AM conference, the party should first attempt to resolve the dispute as required by Rule 115.10 of the General Rules of Practice for Minnesota District Courts. In the event the parties are unable to resolve the dispute, the aggrieved party may avail itself of the Expedited, Informal Non-Dispositive Motion Process set forth in the Rule 115.04(d) of the General Rules of Practice for Minnesota District Courts.1 5. SERVICE: Service of a copy of this order shall be made upon self-represented parties by first class U.S. mail at their address(es) last known to the Court Administrator, or to attorneys by e-service, which shall be due and proper service for all purposes. BY THE COURT: Ogunleye, Joshua Dated: December 30, 2019 ______________________________ 2020.01.06 Joshua J. Ogunleye 15:59:17 -06'00' Referee of Fourth District Court Dated: December 30, 2019 ______________________________ Thomas J. Conley Judge of Fourth District Court 1 Expedited, Informal Non-Dispositive Motion Process. The moving party is encouraged to consider whether the motion can be informally resolved through a telephone conference with the judge or judicial officer. The moving party may invoke this informal resolution process by written notice to the court and all opposing counsel and self-represented litigants. The moving party must also contact the appropriate court administrative or judicial staff to schedule a phone conference. The parties may (but are not required to) submit short letters, with or without a limited number of documents attached (no briefs, declarations or sworn affidavits are to be filed), prior to the conference to set forth their respective positions. The court may, in its discretion, direct the manner of submission of the letters. The court will read the written submissions of the parties before the phone conference, hear arguments of counsel and self-represented litigants at the conference, and issue its decision at the conclusion of the phone conference or shortly after the conference. Depending on the nature of the dispute, the court may or may not issue a written order. The court may also determine that the dispute must be presented to the court via formal motion and hearing. Telephone conferences will not be recorded or transcribed. (Minn. Gen. R. Prac. 115.04(d)) 3