On March 19, 2015 a
Order-Other
was filed
for Conciliation Appeal
in the District Court of Hennepin County.
Preview
27-CV-15-4412
Filed in Fourth Judicial District Court
1/14/2016 11:40:17 AM
Hennepin County, MN
State of Minnesota District Court
County of Hennepin Fourth Judicial District
Judge Bruce D. Manning
Ayawavi Degbe, Case Type: Conciliation Appeal
Plaintiff,
Order
v.
Abdoulaye Toure,
Defendant. Case No. 27-CV-15-4412
Appearances:
Ayawavi Degbe on her own behalf
Abdoulaye Toure on his own behalf
The above-entitled matter came before Bruce D. Manning, Judge of District
Court, on June 16, 2015 for a court trial. The Court issued an order for judgment on
June 22, 2015, awarding judgment to Plaintiff Ayawavi Degbe in the amount of
$1,514. Three months later, Degbe attempted to initiate proceedings to collect the
judgment from Defendant Abdoulaye Toure. A show cause hearing was set for
December 8, 2015 and then later rescheduled to December 31st as the address
provided by Toure was not valid for service and Degbe ran out of time to serve
Toure. Degbe eventually managed to serve Toure with notice of the December 31st
hearing date. Toure then called the Court to request a new hearing date to
accommodate his schedule. A new hearing date of January 21, 2016 at 11:00 a.m. was
communicated to Toure by phone. Toure also provided a new mailing address that
he confirmed was an address at which he could receive service by mail.
In the meantime, Judgments Department staff alerted the Court to the fact that
some of the steps required to proceed with a show cause hearing occurred out of the
usual order. It appears likely that at least some of the issues are due to incorrect or
incomplete information provided to Degbe. The Court finds, however, that Degbe
acted diligently to do what she needed to do to proceed with a show cause hearing.
Further, Toure has had ample notice of the pending proceedings such that the Court
27-CV-15-4412
Filed in Fourth Judicial District Court
1/14/2016 11:40:17 AM
Hennepin County, MN
is not concerned about the Due Process concerns that the standard procedure is
intended to protect.
Based upon the arguments presented and all the files and records herein, the
Court orders as follows:
1. Both parties shall appear for a show cause hearing on January 21, 2016 at
11:00 a.m. in in Courtroom C-1657, Hennepin County Government Center,
300 South Sixth Street, Minneapolis, Minnesota, 55487.
2. Degbe is relieved of her responsibility to serve notice on Toure of the
rescheduling of this hearing as Toure himself requested the new date and
was notified of it at the time he made his request.
By the Court:
January 14, 2016 _________________________________________
Bruce D. Manning, Judge of District Court
2
Document Filed Date
January 14, 2016
Case Filing Date
March 19, 2015
Category
Conciliation Appeal
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