On January 06, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
and
for Contract
in the District Court of Olmsted County.
Preview
55-CV-21-109
Filed in District Court
State of Minnesota
6/13/2022 4:36 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF OLMSTED FIRST JUDICIAL DISTRICT
________________________________________________________________________
MUHUBO KAREY, Case Type: OTHER CIVIL
Court File no. 55-cv-21-109
Plaintiff,
DEFENDANTS’ NOTICE OF
v. MOTION AND MOTION TO
DISMISS FOR FAILURE TO
JAMES HER, THAOKE HER, PROSECUTE AND, IN THE
JK ASSET MANAGEMENT, INC. ALTERNATIVE, TO COMPEL
DISCOVERY
Defendants.
________________________________________________________________________
TO: Above-named District Court and Plaintiff’s Counsel of Record:
NOTICE OF MOTION
PLEASE TAKE NOTICE that the Defendants will bring a Motion to dismiss the Plaintiff’s
lawsuit for failure to prosecute and, in the alternative, to compel discovery for hearing before the
Honorable Pamela W. King, Judge of Olmstead County District Court, via Remote Zoom
Technology, on August 9, 2022, at 1:30p.m. The Zoom information for the motion hearing is as
follows:
Join ZoomGov Meeting
https://courts-state-mn-
us.zoomgov.com/j/1609879309?pwd=SWRRYy9JZkwzNDdMN1IzRWk0cHZvQT09
Meeting ID: 160 987 9309
Password: 076556
MOTION
The Defendants move the Court for an order as follows:
1. Dismissing the Plaintiff’s lawsuit with prejudice for the Plaintiff’s failure to prosecute,
according to Rule 41.02 of the Minnesota Rules of Civil Procedure;
2. In the alternative, compelling the Plaintiff - according to Rules 26, 33-34, and 37 of the
Minnesota Rules of Civil Procedure – to respond to and/or supplement the Plaintiff’s
1
55-CV-21-109
Filed in District Court
State of Minnesota
6/13/2022 4:36 PM
answers to the Defendants’ Interrogatories Nos. 3, 10, 14, which were e-served on the
Plaintiff’s counsel on February 17, 2022;
a. Interrogatory No. 3 is as follows: Identify each and every tangible item, document,
photograph or other exhibit relating to or bearing upon any fact or legal issue in
the above-entitled lawsuit in the possession of you, your attorney, or any other
person or entity representing you.
b. Interrogatory No. 10 is as follows: Identify all documents in your possession, or
that you are aware of, that relate in any manner to the subject matter of this
litigation, including counterclaims.
c. Interrogatory No. 14 is as follows: Please identify and describe in detail, and with
specificity, an Accounting and Inventory for Bright Beginning Childcare Center,
LLC since 2015.
3. Awarding the Defendants payment of their reasonable attorney’s fees incurred for brining
this motion; and
4. For such other relief that the Court deems just and equitable.
TAKE FURTHER NOTICE that this motion shall be based on the Defendants’
Memorandum of Law, corresponding Affidavits/Declarations, and the arguments of counsel. Rule
115 of the Minnesota General Rules of Practice require you to respond to this motion in writing
within fourteen (14) days of the above-identified hearing. The Court may, in its discretion,
disregard any untimely response.
Dated: June 13, 2022. By_/s/ Daniel L. McGarry__________________
Daniel L. McGarry, Esq. #0341150
Charles R. Shafer, Esq. #0401080
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55-CV-21-109
Filed in District Court
State of Minnesota
6/13/2022 4:36 PM
COLLINS, BUCKLEY, SAUNTRY & HAUGH,
P.L.L.P.
West 1100 First National Bank Building
332 Minnesota Street
St. Paul, MN 55101-1379
Phone: (651) 227-0611
dmcgarry@cbsh.net
cshafer@cbsh.net
ATTORNEYS FOR DEFENDANTS
ACKNOWLEDGMENT
The undersigned acknowledge that sanctions may be imposed under Minn. Stat. § 549.211.
Dated: June 13, 2022 /s/ Daniel L. McGarry
Daniel L. McGarry
3
Document Filed Date
June 13, 2022
Case Filing Date
January 06, 2021
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55-CV-21-109 Filed in District Court State of Minnesota 6/13/2022 4:36 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF OLMSTED FIRST JUDICIAL DISTRICT ________________________________________________________________________ MUHUBO KAREY, Case Type: OTHER CIVIL Court File no. 55-cv-21-109 Plaintiff, DEFENDANTS’ NOTICE OF v. MOTION AND MOTION TO DISMISS FOR FAILURE TO JAMES HER, THAOKE HER, PROSECUTE AND, IN THE JK ASSET MANAGEMENT, INC. ALTERNATIVE, TO COMPEL DISCOVERY Defendants. ________________________________________________________________________ TO: Above-named District Court and Plaintiff’s Counsel of Record: NOTICE OF MOTION PLEASE TAKE NOTICE that the Defendants will bring a Motion to dismiss the Plaintiff’s lawsuit for failure to prosecute and, in the alternative, to compel discovery for hearing before the Honorable Pamela W. King, Judge of Olmstead County District Court, via Remote Zoom Technology, on August 9, 2022, at 1:30p.m. The Zoom information for the motion hearing is as follows: Join ZoomGov Meeting https://courts-state-mn- us.zoomgov.com/j/1609879309?pwd=SWRRYy9JZkwzNDdMN1IzRWk0cHZvQT09 Meeting ID: 160 987 9309 Password: 076556 MOTION The Defendants move the Court for an order as follows: 1. Dismissing the Plaintiff’s lawsuit with prejudice for the Plaintiff’s failure to prosecute, according to Rule 41.02 of the Minnesota Rules of Civil Procedure; 2. In the alternative, compelling the Plaintiff - according to Rules 26, 33-34, and 37 of the Minnesota Rules of Civil Procedure – to respond to and/or supplement the Plaintiff’s 1 55-CV-21-109 Filed in District Court State of Minnesota 6/13/2022 4:36 PM answers to the Defendants’ Interrogatories Nos. 3, 10, 14, which were e-served on the Plaintiff’s counsel on February 17, 2022; a. Interrogatory No. 3 is as follows: Identify each and every tangible item, document, photograph or other exhibit relating to or bearing upon any fact or legal issue in the above-entitled lawsuit in the possession of you, your attorney, or any other person or entity representing you. b. Interrogatory No. 10 is as follows: Identify all documents in your possession, or that you are aware of, that relate in any manner to the subject matter of this litigation, including counterclaims. c. Interrogatory No. 14 is as follows: Please identify and describe in detail, and with specificity, an Accounting and Inventory for Bright Beginning Childcare Center, LLC since 2015. 3. Awarding the Defendants payment of their reasonable attorney’s fees incurred for brining this motion; and 4. For such other relief that the Court deems just and equitable. TAKE FURTHER NOTICE that this motion shall be based on the Defendants’ Memorandum of Law, corresponding Affidavits/Declarations, and the arguments of counsel. Rule 115 of the Minnesota General Rules of Practice require you to respond to this motion in writing within fourteen (14) days of the above-identified hearing. The Court may, in its discretion, disregard any untimely response. Dated: June 13, 2022. By_/s/ Daniel L. McGarry__________________ Daniel L. McGarry, Esq. #0341150 Charles R. Shafer, Esq. #0401080 2 55-CV-21-109 Filed in District Court State of Minnesota 6/13/2022 4:36 PM COLLINS, BUCKLEY, SAUNTRY & HAUGH, P.L.L.P. West 1100 First National Bank Building 332 Minnesota Street St. Paul, MN 55101-1379 Phone: (651) 227-0611 dmcgarry@cbsh.net cshafer@cbsh.net ATTORNEYS FOR DEFENDANTS ACKNOWLEDGMENT The undersigned acknowledge that sanctions may be imposed under Minn. Stat. § 549.211. Dated: June 13, 2022 /s/ Daniel L. McGarry Daniel L. McGarry 3