Order: Craig L Raguse vs Shawn L Lane

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                                State of Minnesota                                                                              District Court
Wilkin County                                                                          Eighth Judicial District
                                                      Court File Number:           84-CV-23-120
                                                      Case Type                    Eviction (UD)
Craig L Raguse vs Shawn L Lane
                                                            Eviction Action – Findings of Fact,
                                                            Conclusions of Law, Order and
                                                            Judgment (Minn. Stat. §504B.345)
This case was before this Court on _May 16, 2023_.
                                          Date
PLAINTIFF:
  Appeared in person.                                  Represented by: counsel   agent
  Appeared through agent                               ______________________________________
  Did not appear and is in default.                    Name

DEFENDANT:                                             Represented by: advocate   counsel
  Appeared in person.                                  ______________________________________
  Did not appear and is in default.                    Name
Defendant has     admitted      denied the allegations in the Eviction Action complaint.
                       Findings of Fact and Conclusions of Law
1.     Plaintiff has failed to prove the allegations in the complaint.
2.     COMPLAINT:
       Plaintiff proved the following allegations by a preponderance of the evidence.
           a. Compliance with Minn. Stat. § 504B.181.
           b. Defendant has failed and refuses to pay rent for the month(s) of
               several months 2020-2022 in the amount of $_500____ per month payable on the
               _1st___ day of each month for a total due of $_11,350_.
           c. Notice to vacate was properly given and Defendant has failed to vacate said
               property.
           d. Defendant has broken the terms of the rental agreement and Defendant has failed
               to vacate the property.
           e. Defendant defaulted on the mortgage and the property has been sold at a Sheriff’s
               sale. The Redemption period has expired and Plaintiff is entitled to possession.
           f. Defendant defaulted on a contract deed and is holding over after proper
               cancellation of the contract.
           g. Other: Defendant disputed the amount of rent owed in arrears. A trial was
               scheduled and Defendant was required to pay rent into escrow in the amount of
               $5,000 on or before May 15 and if he failed, Plaintiff was entitled to the eviction.
               In this case, Defendant failed to pay the escrowed rent and Plaintiff is requesting
               the eviction be entered.                                                     .
3.     DEFENSES:
       Defendant(s) proved the following defenses by a preponderance of the evidence.
          a. Improper service by
          b. Violation of the covenants of habitability by
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                                                                                                 84-CV-23-120



          c. Improper notice because
                           d.     Waiver of                                  by

          e. Other:
4.    SETTLEMENT: No judgment to be entered at this time.
      The parties have reached a settlement, which is approved and incorporated in this
      Decision and Order.
             Settled through Mediation (See attached settlement agreement)
             Settled by the Litigants (See attached settlement agreement)
             Settlement terms are as follows:




                                                Order
1.    The settlement is hereby approved as agreed upon.
2.    JUDGMENT:
      The Court Administrator shall enter judgment for:

            Plaintiff for recovery of the premises. The Writ of Recovery of Premises and
            Order to Vacate shall be:
                          i. issued immediately upon request and payment of fee.
                          ii. stayed until
                                                       Date
            Defendant to remain in possession of the premises.
            Allowable costs and disbursements to the prevailing party.
3.    DISMISSAL:
      The case is dismissed    WITH              WITHOUT prejudice and the Court Administrator
      shall enter Judgment accordingly.
4.    REDEMPTION:
       Defendant may redeem the premise (for nonpayment of rent) by paying to the Plaintiff
       $__________ by _______________. If not, a judgment and writ shall issue by default.
                           Date
5.    RENT ABATEMENT:
      Defendant has had diminished use and enjoyment of the premises. Rent is abated for the
      months of _____________________________________ by a total of $_____________,
      and is abated by $______________ per month until the first month following completion
      of court ordered repairs.
6.    RENT DISBURSEMENT:
      The rent now on deposit with the Court shall be released as follows:
         $____________________ to Plaintiff          $_____________________ to Defendant.




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                                                                                                        84-CV-23-120

7.       HEARING:
         This is scheduled for court trial jury trial motion hearing on issues of
         ____________________________on________________, at ___________ (a.m./p.m.)
         at __________________________________________________________________.
8.       DISCOVERY:
         The parties shall provide to each other by_________________, the following: a list of
         witnesses, with phone numbers and addresses, and the subjects about which they will
         testify, and copies of exhibits (documents, photographs, etc.) to be introduced at trial, and
         _______________________________________________________________________.

         Parties must bring to trial three (3) copies of all exhibits.

9.       RENT INTO COURT:
         Defendant shall pay into Court the rent of $_____________ in cash or certified funds
         payable to the Court Administrator, on or before ____________ (a.m./p.m.) on
         _____________________, ______, and all future rent by the ___________ day of each
         month until further Order of the Court, or the Court will issue a Writ of Recovery of
         Premises and Order to Vacate.
10.      OTHER:




                                 Let Judgment Be Entered Accordingly.
Recommended by:                                               By the Court:
                                                                                              Date: 2023.05.16
                                                                                              12:48:45 -05'00'
Housing Court Referee                      Date               Judge                                        Date

                                                  Judgment
I hereby certify that the above Order constitutes the entry of Judgment of the Court.

Dated:        5-16-2023                                       Kim Sundbom-Trudeau
                                                              Court Administrator


                                                              By:
                                                                                 Deputy




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