On December 05, 2018 a
Order
was filed
involving a dispute between
Lazenby, Ryan,
Temaca Irrigation Llc,
and
Gomez, Guadalupe,
Gomez, James,
Temaca Lawn Sprinklers,
Temaca Lawn Sprinkler'S, Inc.,
for Employment
in the District Court of Hennepin County.
Preview
27-CV-18-19659
Filed in District Court
State of Minnesota
3/26/2020 11:04 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Ryan Lazenby, Temaca Irrigation LLC, Court File No. 27-CV-18-19659
Case Type: Employment
Judge Joseph R. Klein
Plaintiff,
v.
AMENDED ORDER FOR TRIAL
Guadalupe Gomez, James Gomez, Temaca
Lawn Sprinkler's, Inc., d.b.a. Temaca Lawn
Sprinklers,
Defendant.
IT IS HEREBY ORDERED that:
1. If the above-entitled matter is not resolved, it is set for a trial on a date certain on July
20, 2020 at 9:00 a.m. The trial will be held in a Courtroom at the Hennepin County
Government Center, 300 South Sixth Street, Minneapolis, Minnesota, which will be
determined 3 days prior to trial.
2. Parties shall immediately notify the Court of any partial or final disposition of the case
prior to trial.
3. The court will make every reasonable and appropriate effort to facilitate settlement prior
to the first day of trial. Any party may request a settlement conference by calling the
judge’s chambers.
4. A continuance will not be granted except for the most extraordinary and unforeseeable
events. Request for a continuance and reasons therefore must be submitted in writing and
to the undersigned within ten days from the date of this order.
5. All parties shall be prepared to proceed to trial immediately upon arrival on the day of trial.
Commencement of trial will not be unduly delayed for settlement negotiations. Parties
shall be prepared to offer evidence in a timely manner. The court will not grant
continuances to produce witnesses or evidence except in the most extraordinary
circumstances. If a witness is unavailable to testify at trial, depositions shall be taken for
use at trial.
27-CV-18-19659
Filed in District Court
State of Minnesota
3/26/2020 11:04 AM
6. The following information must be submitted to the Court by July 6, 2020 by 4:30 pm
for all trials:
A. Exhibit lists – the attorneys and parties shall comply with Minn. R. Gen. Prac.
Part H, § 12 (Exhibits). Exhibit numbers must be consecutive (no.1-99 for
Plaintiff, 100-199 for Defendants, or a similar designation as need be to
accommodate the number of exhibits expected to be offered). For exhibits with
objections, the parties must be prepared to specify grounds for objections with
authorities. The attorneys must meet and confer before trial to organize the
exhibits and exhibit lists, and meet to attempt to resolve objections to
exhibits;
a. By the start of trial, the parties must agree on the list of exhibits to the extent
possible and submit a jointly prepared set of documents which the parties
shall present to the Court according to the following:
b. No duplicative exhibits should be submitted to the Court, included in the
exhibit list, or placed in the exhibit binders.
c. Any exhibits in the form of documents must be bound in 3-ring binders with
an Exhibit List and dividers. If needed, color tabs can be used.
i. Copies of each binder must be submitted to the Court for use during
trial as follows: one for the Court; a second for the Court Clerk; a
third copy for use at the witness stand.
ii. Each binder submitted must have a Table of Contents/Exhibit List
identifying the documents with a series of columns to the right of
the exhibit number for “Offered”, “Objection”, and "Received".
iii. The parties shall designate on the Joint Exhibit List, or orally to the
Court at the start of trial, those exhibits that the parties agree can be
received without objection. The Court will admit these exhibits into
evidence at the start of trial. As to any exhibit that the parties cannot
agree to being received in evidence, counsel shall be prepared to
specify the grounds for objection with authorities.
d. Exhibit list must be presented in substantially the same form as the example
exhibit list attached to this order.
B. Witness
witness; lists – including a short statement of the substance of the testimony of
each witness.
C. Deposition testimony – the attorneys must meet and designate those specific parts of
depositions to be offered at trial and attempt to resolve objections. The attorneys must
designate those portions of depositions to be submitted to the Court for rulings;
D. Trial memoranda – with authorities;
2
27-CV-18-19659
Filed in District Court
State of Minnesota
3/26/2020 11:04 AM
E. Motions in Limine;
F. Proposed jury instructions;
G. Proposed special verdict forms; and
H. Stipulations – regarding undisputed issues.
7. Responses to Motions in Limine – must be submitted to the court by July 13, 2020.
8. Court Trial: If the case is tried to the court, within seven (7) working days after the
conclusion of trial, parties shall e-file and submit directly to the undersigned judge a written
detailed proposed Findings of Fact, Conclusions of Law, and Order.
9. One courtesy hard copy of all submissions must be delivered to chambers. An
additional courtesy copy of all submissions must be submitted electronically by email to
the Judge’s Clerk, which can be sent to Mohammed.Abumayaleh@courts.state.mn.us.
10. Failure to comply with this order may subject parties to sanctions including, but not limited
to: refusing to allow the noncompliant party to support or oppose designated claims or
defenses; prohibiting the noncompliant party from introducing designated matters in
evidence; striking pleadings or parts of pleadings; staying further proceedings until the
order is obeyed; dismissing the action or a part of the action; or rendering a judgment by
default against the noncompliant party. Failure to furnish instructions and / or Proposed
Special Verdict Form shall be deemed a waiver by each party as to the right to a trial by
jury on the issue so omitted pursuant to the provisions of Rule 49.01(a) of the Minnesota
Rules of Civil Procedure.
Dated: March 26, 2020 BY THE COURT:
___________________________________
Joseph R. Klein
Judge of District Court
3
27-CV-18-19659
Filed in District Court
State of Minnesota
3/26/2020 11:04 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
[Plaintiff],
EXHIBIT LIST
Plaintiff(s),
v. Court File No. 27-CV-[###]
[Defendant],
Defendant(s).
PRESIDING JUDGE PLAINTIFF’S DEFENDANT’S
ATTORNEY ATTORNEY
TRIAL DATE(S)
PLF. DEF. DATE MARKED ADMITTED DESCRIPTION OF EXHIBITS*
NO. NO. OFFERED
*Include a notation as to the location of any exhibit not held with the case file or not available because of size.
4
Document Filed Date
March 26, 2020
Case Filing Date
December 05, 2018
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27-CV-18-19659 Filed in District Court State of Minnesota 3/26/2020 11:04 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Ryan Lazenby, Temaca Irrigation LLC, Court File No. 27-CV-18-19659 Case Type: Employment Judge Joseph R. Klein Plaintiff, v. AMENDED ORDER FOR TRIAL Guadalupe Gomez, James Gomez, Temaca Lawn Sprinkler's, Inc., d.b.a. Temaca Lawn Sprinklers, Defendant. IT IS HEREBY ORDERED that: 1. If the above-entitled matter is not resolved, it is set for a trial on a date certain on July 20, 2020 at 9:00 a.m. The trial will be held in a Courtroom at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota, which will be determined 3 days prior to trial. 2. Parties shall immediately notify the Court of any partial or final disposition of the case prior to trial. 3. The court will make every reasonable and appropriate effort to facilitate settlement prior to the first day of trial. Any party may request a settlement conference by calling the judge’s chambers. 4. A continuance will not be granted except for the most extraordinary and unforeseeable events. Request for a continuance and reasons therefore must be submitted in writing and to the undersigned within ten days from the date of this order. 5. All parties shall be prepared to proceed to trial immediately upon arrival on the day of trial. Commencement of trial will not be unduly delayed for settlement negotiations. Parties shall be prepared to offer evidence in a timely manner. The court will not grant continuances to produce witnesses or evidence except in the most extraordinary circumstances. If a witness is unavailable to testify at trial, depositions shall be taken for use at trial. 27-CV-18-19659 Filed in District Court State of Minnesota 3/26/2020 11:04 AM 6. The following information must be submitted to the Court by July 6, 2020 by 4:30 pm for all trials: A. Exhibit lists – the attorneys and parties shall comply with Minn. R. Gen. Prac. Part H, § 12 (Exhibits). Exhibit numbers must be consecutive (no.1-99 for Plaintiff, 100-199 for Defendants, or a similar designation as need be to accommodate the number of exhibits expected to be offered). For exhibits with objections, the parties must be prepared to specify grounds for objections with authorities. The attorneys must meet and confer before trial to organize the exhibits and exhibit lists, and meet to attempt to resolve objections to exhibits; a. By the start of trial, the parties must agree on the list of exhibits to the extent possible and submit a jointly prepared set of documents which the parties shall present to the Court according to the following: b. No duplicative exhibits should be submitted to the Court, included in the exhibit list, or placed in the exhibit binders. c. Any exhibits in the form of documents must be bound in 3-ring binders with an Exhibit List and dividers. If needed, color tabs can be used. i. Copies of each binder must be submitted to the Court for use during trial as follows: one for the Court; a second for the Court Clerk; a third copy for use at the witness stand. ii. Each binder submitted must have a Table of Contents/Exhibit List identifying the documents with a series of columns to the right of the exhibit number for “Offered”, “Objection”, and "Received". iii. The parties shall designate on the Joint Exhibit List, or orally to the Court at the start of trial, those exhibits that the parties agree can be received without objection. The Court will admit these exhibits into evidence at the start of trial. As to any exhibit that the parties cannot agree to being received in evidence, counsel shall be prepared to specify the grounds for objection with authorities. d. Exhibit list must be presented in substantially the same form as the example exhibit list attached to this order. B. Witness witness; lists – including a short statement of the substance of the testimony of each witness. C. Deposition testimony – the attorneys must meet and designate those specific parts of depositions to be offered at trial and attempt to resolve objections. The attorneys must designate those portions of depositions to be submitted to the Court for rulings; D. Trial memoranda – with authorities; 2 27-CV-18-19659 Filed in District Court State of Minnesota 3/26/2020 11:04 AM E. Motions in Limine; F. Proposed jury instructions; G. Proposed special verdict forms; and H. Stipulations – regarding undisputed issues. 7. Responses to Motions in Limine – must be submitted to the court by July 13, 2020. 8. Court Trial: If the case is tried to the court, within seven (7) working days after the conclusion of trial, parties shall e-file and submit directly to the undersigned judge a written detailed proposed Findings of Fact, Conclusions of Law, and Order. 9. One courtesy hard copy of all submissions must be delivered to chambers. An additional courtesy copy of all submissions must be submitted electronically by email to the Judge’s Clerk, which can be sent to Mohammed.Abumayaleh@courts.state.mn.us. 10. Failure to comply with this order may subject parties to sanctions including, but not limited to: refusing to allow the noncompliant party to support or oppose designated claims or defenses; prohibiting the noncompliant party from introducing designated matters in evidence; striking pleadings or parts of pleadings; staying further proceedings until the order is obeyed; dismissing the action or a part of the action; or rendering a judgment by default against the noncompliant party. Failure to furnish instructions and / or Proposed Special Verdict Form shall be deemed a waiver by each party as to the right to a trial by jury on the issue so omitted pursuant to the provisions of Rule 49.01(a) of the Minnesota Rules of Civil Procedure. Dated: March 26, 2020 BY THE COURT: ___________________________________ Joseph R. Klein Judge of District Court 3 27-CV-18-19659 Filed in District Court State of Minnesota 3/26/2020 11:04 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT [Plaintiff], EXHIBIT LIST Plaintiff(s), v. Court File No. 27-CV-[###] [Defendant], Defendant(s). PRESIDING JUDGE PLAINTIFF’S DEFENDANT’S ATTORNEY ATTORNEY TRIAL DATE(S) PLF. DEF. DATE MARKED ADMITTED DESCRIPTION OF EXHIBITS* NO. NO. OFFERED *Include a notation as to the location of any exhibit not held with the case file or not available because of size. 4