Preview
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY 0F HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: CONTRACT
Ryan Lazenby, and Court File No. 27—OV—18-19659
Temaca Irrigation LLC
(The Hon. Joseph R. Klein)
Plaintiffs,
vs.
AFFIDAVIT OF RYAN LAZENBY
Guadalupe Gomez, James Gomez
SQ
Temaca Lawn Sprinkler's, Inc. d.b.a.
Temaca Lawn Sprinklers,
Defendants.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
I, Ryan Lazenby, being duly rst sworn on oath, depose and say the following:
1. l am an owner of Temaca Irrigation LLC, and a Plaintiff in this action.
I make this motion, in support of my request for a continuance.
3. I was prepared to proceed with the of July 6, 2020.
July 20, 2020 Court trial as
4. On July 6, 2020, I was infomed that Defendants requested a continuance. A copy of the
continuance request is attached as Exhibit A.
5. I instructed my attorney to accept the continuance
request, and get the next available next
as a courtesy to them. A copy of my attorneys” response is attached as Exhibit B.
6. I also agreed to meet Lupe at on July 9, 2020, to discuss a resolution ofthis matter. I never
received a call back that was promised (later in the week). I reached out to him the
morning
of July l4, 2020 again, and got his voicemail.
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
7. My attorney reached cutie the Defendants regarding
scheduling new date, but they never
replied. A copy of that correspondence is attached as Exhibit C.
8. The Defendants never replied, but later withdrew their contin
uance request.
9. After I had agreed to the continuance but before the
request was withdrawn on July 14th,
2020, we had an appointment to schedule another
chemotherapy appointment for my wife’s
cancer treatment.
10‘ The appointment was scheduled for
July 20,, 2020, which I did not believe would be an
issue given that I had agreed to a continuance.
11. I attend all of my wife’s chemo
therapy appointments with her, as she cannot drive.
12. Delaying her chemotherapy appointment would inhibit her cancer treatment.
l3. I ask that the Court reschedule the trial to the next available date.
I declare under penalty of perjury that everything I have stated in this document is true and
correct.
Dated: July 15, 2020
R an Lazenby
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Kirk Tisher
From: Abumayaleh, Mohammad
Sent: Monday, July 6, 2020 9:18 AM
To: Karen Maestoso
Cc: Kirk Tisher
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18-19659
Good morning,
You should discuss this with Plaintiff’s attorney t0 see if they are in agreement (they are copied on this email).
If not, you will need to file a Motion for Continuance (instructions on this can be found here:
http://www,mncourtsgov/GetFbrmsiaspx’?c=7#subcat73 ).
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612) 317-6242
Moharnmed.Abumayaleh@c0urts.state.mn.us
Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of
this information. This e-mcxil and any ottochments may be confidential and ore intended solely for the individual or organization to which they
are addressed. They may contain privileged or confidential information and should not be disseminated, If you are not the intended recipient of
this e~mail, you should not copy, distribute or tahe any action in reliance upon this e-mail or the attachment: If you received this e~mail in error,
please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email.
From: Karen Maestoso [mailto:klmkj28@gmail.com]
Sent: Thursday, July 2, 2020 3:36 PM
To: Abumayaieh, Mohammad
Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659
Good afternoon
i am
requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf
course. This is their busy season.
Respectfully,
Lupe Gomez
Sent from my iPhone
On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote:
Good afternoon,
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to
having the trial date continued?
Thank you,
Mohammad
Mohammad Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543—1341
Fax: (612) 317-6242
Mohammed.Abumayalel1@courtsstatemnus
Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for
the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the
individual or organization to which they are addressed. They may contain privileged or confidential information and should
not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or talee any action in
reliance upon this e-mail or the attachments. lf you received this e-mall in error, please notify the sender immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
This email originated from outside the Minnesota Judicial Branch. Do not click links or
open attachments unless you recognize the sender and know the content is safe. if this email
appears suspicious, or is asking you to provide sensitive information, please do not forward the email;
submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact
the lTD Service Desk for further guidance.
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Kirk Tisher
From: Abumayaleh, Mohammed
Sent: Monday, July 6, 2020 9:18 AM
To: Karen Maestoso
Cc: Kirk Tisher
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27—CV—18-19659
—
Good morning,
You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are copied on this emaii).
Motion for Continuance (instructions on this can be found here:
If not, you will need to file a
http://wwwvmncourts.gov/Getl—'orms.aspx?c=7#subcat73 ).
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612.) 317-6242
Mohammed.Abumayaleh@courtsstatemnus
Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of
this information. This e-mail and any attachments may be confidential and ore intended solely for the individual or organization to which they
are addressed. They may contain privileged or confidential information and should not be disseminated. lf you are not the intended recipient of
this e~mail, you should not copy, distribute or tahe any action in reliance upon this e—mail or the attachments. if you received this e-mail in error,
please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email.
From: Karen Maestoso [mailto:klmkj28@gmail.com]
Sent: Thursday, July 2, 2020 3:36 PM
To: Abumayaleh, Mohammed
Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659
Good afternoon
lam requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf
course. This is their busy season.
Respectfully,
Lupe Gomez
Sent from my iPhone
On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote:
Good afternoon,
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to
having the trial date continued?
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612) 317-6242
Mohamrned.Abumayaleh@courtsstatemnus
Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you are responsible for
the lawful use of this information. This e—moil and any attachments may be confidential and are intended solely for the
individual or organization to which they are addressed. They may contain privileged or confidential information and should
not be disseminated. If you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in
reliance upon this e-mail or the attachments. lf you received this e-mail in error, please notify the sender immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
This email originated from outside the Minnesota Judicial Branch. Do not click links or
open attachments unless you recognize the sender and know the content is safe. If this email
appears suspicious, or is asking you to provide sensitive information, please do not forward the email;
submit the email via the ‘Report Phishing' button on your Outlook ribbon on your computer or contact
the l’i‘D Service Desk for further guidance.
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Kirk Tisher
From: Abumayaieh, Mohammed
Sent: Monday, July 6, 2020 9:18 AM
To: Karen Maestoso
Cc: Kirk Tisher
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27-CV-18—19659
—
Good morning,
You should discuss this with Piaintiff’s attorney to see if they are in agreement (they are copied on this email).
If not, you will need to file a
Motion for Continuance (instructions on this can be found here:
http://wwwvmncourts.gov/Getl‘-orms.aspx?c=7#subcat73 ) .
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612) 317-6242
Mohammed.Abumayaleh@courtsstatemnus
Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of
this information. This e~mail and any attachments may be confidential and ore intended solely for the individual or organization to which they
are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of
this e—mail, you should not copy, distribute or tahe any action in reliance upon this e-mail or the attachments. if you received this e-mail in error,
please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email.
From: Karen Maestoso [mailto:klmkj28@gmail.com]
Sent: Thursday, July 2, 2020 3:36 PM
To: Abumayaleh, Mohammed
Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659
Good afternoon
lam requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf
course. This is their busy season.
Respectfully,
Lupe Gomez
Sent from my iPhone
On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote:
Good afternoon,
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to
having the trial date continued?
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612) 317-6242
Mohammed.Abumayaleh@courts.state.mn,us
Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for
the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the
individual or organization to which they are addressed. They may contain privileged or confidential information and should
not be disseminated. If you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in
reliance upon this e-mall or the attachments. lf you received this e-mail in error, please notify the sender immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
This email originated from outside the Minnesota Judicial Branch. Do not click links or
open attachments unless you recognize the sender and know the content is safe. Ifthis email
appears suspicious, or is asking you to provide sensitive information, please do not forward the email;
submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact
the lTD Service Desk for further guidance.
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Kirk Tisher
From: Kirk Tisher
Sent: Monday, July 6, 2020 10:52 AM
To: Abumayaleh, Mohammed; Karen Maestoso
Cc: Tracey Loyd
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV—18—19659
Mr. Abumayaleh,
We do not have any objects to a short continuance. We will still plan on ling (and delivering the hard copies of) the
required trial submissions today unless we hear otherwise.
Kirk Tisher
:Haums E
Hansen
Kirk Tisher
Attorney
952.564.6267 (Direct and Direct Fax)
8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426
l
ktisher@bumshansencom lwwwhurnshansencom
THIS IS A COMMUNICATlON FROM A DEBT COLLECTOR ATTEMPTING T0 COLLECT A DEBT. ANY INFORMATION OBTAlNED WlLL BE USED FOR THAT PURPOSE.
15 U.S.C.A. § 1692 9(11)
This e/mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510/2521, and is confidential. Please be aware that this eemail (including any attachments) may contain
attorney/client materials or attorney work product, legally privileged, and protected from disclosure. If you are
not the intended recipient, then any disclosure, copying, distribution, or use of this email is prohibited. If you
receive this eemail in error, please notify sender immediately by returning the e~mail and any attachments and
delete this copy from your system. Thank you for your cooperation.
From: Abumayaleh, Mohammed
Sent: Monday, July 6, 2020 9:18 AM
To: Karen Maestoso
Cc: Kirk Tisher
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659
Good morning,
You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are copied on this email).
lf not, you will need to file
a Motion for Continuance (instructions on this can be found here:
http://www.mncourtsgov/GetForms.asp>
Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV—18-19659
Good afternoon
|am requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf
course. This is their busy season.
Respectfully,
Lupe Gomez
Sent from my iPhone
On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote:
Good afternoon,
The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to
having the trial date continued?
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543—1341
Fax: (612) 317-6242
Mohammed/Abumayaleh@courtsstatemnus
Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for
the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the
individual or organization to which they are addressed. They may contain privileged or confidential information and should
not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in
reliance upon this e-mail or the attachments. lf you received this e—mail in error, please notify the sender immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
This email originated from outside the Minnesota Judicial Branch. Do not click links or
.
open attachments unless you recognize the sender and know the content is safe. lf this email
2
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
appears suspicious, or is asking you to provide sensitive information, please do not forward the email;
submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact
the lTD Service Desk for further guidance.
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Kirk Tisher
From: Kirk Tisher
Sent: Thursday, July 9, 2020 6:42 AM
To: Karen Maestoso
- 27-CV-18-19659
Subject: _FW: [EXTERNAL] Re: Lazenby v. Gomez
My client would consent to a continuance to the rst available August date, lVly understanding is that Lupe and my
client are going to have a discussion tonight, and if they seem close to a resolution, we may be flexible on that.
:HBums l
Hansen
Kirk Tisher
Attorney
952.564.6267 (Direct and Direct Fax)
8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426
I
ktisher@burnshansen.com www‘burnshansencom
I
THIS IS A COMMUNICATlON FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAlNED WILL BE USED FOR THAT PURPOSE.
15 U.S.C.A. § 1692 9(11)
This ermail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 USC
Sections 2510/2521, and is confidential. Please be aware that this e’mail (including any attachments) may contain
attorneyrclient materials or attorney work product, legally privileged, and protected from disclosure. If you are
not the intended recipient, then any disclosure, copying, distribution, or use of this ermail is prohibited. If you
receive this ermail in error, please notify sender immediately by returning the e~mail and any attachments and
delete this copy from your system. Thank you for your cooperation.
From: Abumayaleh, Mohammed
Sent: Tuesday, July 7, 2020 10:47 AM
To: Karen Maestoso ; Kirk Tisher Mbbles‘
Cc: Tracey Loyd _
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659
Good morning,
The parties should discuss then inform the court when they agree to have the trial continued to.
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein EX BIT
Minnesota Fourth Judicial District
Phone: (612) 543-1341
Fax: (612) 317—6242
Mohammed/Mmmayaleh@courts.state.mn.us
Fourth Judicial District Court Disclaimer; This is an official government communication. As the recipient, you are responsible for the lawful use of
this information. This e-mail and any attachments may be confidential and are intended solely for the individual or organization to which they
are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
this e-mail, you should not copy, distribute or take any action in reliance upon this e-maii or the attachments, If you received this e~mai| in error,
please notify the sender immediately cmol delete this message. Thanh you. Please consider the environment before printing this email.
From: Karen Maestoso [mailtozl
Cc: Abumayaleh, Mohammed ; Tracey Loyd
Subject: Re: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659
Idid not see the other email (the one from Plaintiffs attorney) until after sent my reply stating that Lupe
| is delivering
papers to court this morning.
Thank you.
Sent from my iPhone
On Jul 6, 2020, at 10:51 AM, Kirk Tisher wrote:
lVlr. Abumayaleh,
We do not have any objects to a short continuance. We will still plan on filing (and delivering the hard
copies of) the required trial submissions today unless we hear otherwise.
Kirk Tisher
Kirk Tisher
Attorney
952.564.6267 (Direct and Direct Fax)
8401 Wayzata Boulevard, Suite 300
Minneapolis, Minnesota 55426
I
ktisher@burnshansencom www.burnshansen.com
l
THIS IS A COMMUNiCATION FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
15 u.s.c.A. § 1692 emi
This e’ma (including any attachments) is covered by the Electronic Communications Privacy Act,
18 USC Sections 2510/2521, and is confidential. Please be aware that this ermail
(including any
attachments) may contain attorney~client materials or attorney work product, legally privileged,
and protected from disclosure. If you are not the intended recipient, then any disclosure, copying,
distribution, or use of this e/mail is prohibited. If you receive this e—mail in error, please notify
sender immediately by returning the e/mail and any attachments and delete this copy from your
system. Thank you for your cooperation.
From: Abumayaleh, Mohammed
Cc: Kirk Tisher
Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27—CV-18-19659 —
Good morning,
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are
copied on this
email).
If not, you wiH need to
file a Motion for Continuance (instructions on this can be found here:
http://wwwvmncourts.gov/GetFormsiaspx?c=7#subcat73 ).
Thank you,
Mohammad
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Kiein
Minnesota Fourth Judicial District
Phone: (612) 543—1341
Fax: (612) 317-6242
MohammedAbumayaleh@courts.state.mn.us
Fourth ludiciol District Court Disclaimer: This is an official government communication. As the recipient, you ore responsible for
the lawful use of this information. This e-moil and any attachments may be confidential and are intended solely for the
individual or organization to which they are addressed. They may contain privileged or confidential information and should
not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or tahe
any action in
reliance upon this e-mail or the attachments. lf you received this e-mail in error, please notify the sender
immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
From: Karen Maestoso [mailto:klml
Subject: [EXTERNAL] Re: Lazenby v. Gomez 27-CV-18—19659
—
Good afternoon
|am requesting a continuance clue to the Covid virus and also Lupe has been working seven days a week
at the golf course. This is their busy season.
Respectfully,
Lupe Gomez
Sent from my iPhone
On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed
wrote:
Good afternoon,
The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you
opposed to having the trial date continued?
Thank you,
Mohammed
Mohammed Abumayaleh
Law Clerk to the Honorable Joseph R. Klein
Minnesota Fourth Judicial District
Phone: (612) 543-1341
27-CV-18-19659
Filed in District Court
State of Minnesota
7/15/2020 5:02 PM
Fax: (612) 317—6242
Mohammed.Abumayaleh@cou rts.state.mn.us
Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient,
you are responsible for the lawful use of this information. This e-muil and any attachments may be
confidential and are intended solely for the individual or organization to which they are addressed. They
may contain privileged or confidential information and should not be disseminated. If you are not the
intended recipient of this e-mail, you should not copy, distribute or take any action in reliance upon this e-
mail or the attachments. lf you received this e-mail in error, please notify the sender immediately and
delete this message. Thanh you. Please consider the environment before printing this email.
This email originated from outside the Minnesota Judicial Branch. Do not
click links or open attachments unless you recognize the sender and know the content
is safe. lfthis email appears suspicious, or is asking you to provide sensitive
information, please do not fowvard the email; submit the email via the ‘Report Phishing’
button on your Outlook ribbon on your computer or contact the iTD Service Desk for
further guidance.
Preview
27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM STATE OF MINNESOTA DISTRICT COURT COUNTY 0F HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: CONTRACT Ryan Lazenby, and Court File No. 27—OV—18-19659 Temaca Irrigation LLC (The Hon. Joseph R. Klein) Plaintiffs, vs. AFFIDAVIT OF RYAN LAZENBY Guadalupe Gomez, James Gomez SQ Temaca Lawn Sprinkler's, Inc. d.b.a. Temaca Lawn Sprinklers, Defendants. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) I, Ryan Lazenby, being duly rst sworn on oath, depose and say the following: 1. l am an owner of Temaca Irrigation LLC, and a Plaintiff in this action. I make this motion, in support of my request for a continuance. 3. I was prepared to proceed with the of July 6, 2020. July 20, 2020 Court trial as 4. On July 6, 2020, I was infomed that Defendants requested a continuance. A copy of the continuance request is attached as Exhibit A. 5. I instructed my attorney to accept the continuance request, and get the next available next as a courtesy to them. A copy of my attorneys” response is attached as Exhibit B. 6. I also agreed to meet Lupe at on July 9, 2020, to discuss a resolution ofthis matter. I never received a call back that was promised (later in the week). I reached out to him the morning of July l4, 2020 again, and got his voicemail. 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM 7. My attorney reached cutie the Defendants regarding scheduling new date, but they never replied. A copy of that correspondence is attached as Exhibit C. 8. The Defendants never replied, but later withdrew their contin uance request. 9. After I had agreed to the continuance but before the request was withdrawn on July 14th, 2020, we had an appointment to schedule another chemotherapy appointment for my wife’s cancer treatment. 10‘ The appointment was scheduled for July 20,, 2020, which I did not believe would be an issue given that I had agreed to a continuance. 11. I attend all of my wife’s chemo therapy appointments with her, as she cannot drive. 12. Delaying her chemotherapy appointment would inhibit her cancer treatment. l3. I ask that the Court reschedule the trial to the next available date. I declare under penalty of perjury that everything I have stated in this document is true and correct. Dated: July 15, 2020 R an Lazenby 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Kirk Tisher From: Abumayaleh, Mohammad Sent: Monday, July 6, 2020 9:18 AM To: Karen Maestoso Cc: Kirk Tisher Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18-19659 Good morning, You should discuss this with Plaintiff’s attorney t0 see if they are in agreement (they are copied on this email). If not, you will need to file a Motion for Continuance (instructions on this can be found here: http://www,mncourtsgov/GetFbrmsiaspx’?c=7#subcat73 ). Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612) 317-6242 Moharnmed.Abumayaleh@c0urts.state.mn.us Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of this information. This e-mcxil and any ottochments may be confidential and ore intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated, If you are not the intended recipient of this e~mail, you should not copy, distribute or tahe any action in reliance upon this e-mail or the attachment: If you received this e~mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. From: Karen Maestoso [mailto:klmkj28@gmail.com] Sent: Thursday, July 2, 2020 3:36 PM To: Abumayaieh, Mohammad Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659 Good afternoon i am requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf course. This is their busy season. Respectfully, Lupe Gomez Sent from my iPhone On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote: Good afternoon, 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to having the trial date continued? Thank you, Mohammad Mohammad Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543—1341 Fax: (612) 317-6242 Mohammed.Abumayalel1@courtsstatemnus Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or talee any action in reliance upon this e-mail or the attachments. lf you received this e-mall in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. This email originated from outside the Minnesota Judicial Branch. Do not click links or open attachments unless you recognize the sender and know the content is safe. if this email appears suspicious, or is asking you to provide sensitive information, please do not forward the email; submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact the lTD Service Desk for further guidance. 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Kirk Tisher From: Abumayaleh, Mohammed Sent: Monday, July 6, 2020 9:18 AM To: Karen Maestoso Cc: Kirk Tisher Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27—CV—18-19659 — Good morning, You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are copied on this emaii). Motion for Continuance (instructions on this can be found here: If not, you will need to file a http://wwwvmncourts.gov/Getl—'orms.aspx?c=7#subcat73 ). Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612.) 317-6242 Mohammed.Abumayaleh@courtsstatemnus Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of this information. This e-mail and any attachments may be confidential and ore intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. lf you are not the intended recipient of this e~mail, you should not copy, distribute or tahe any action in reliance upon this e—mail or the attachments. if you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. From: Karen Maestoso [mailto:klmkj28@gmail.com] Sent: Thursday, July 2, 2020 3:36 PM To: Abumayaleh, Mohammed Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659 Good afternoon lam requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf course. This is their busy season. Respectfully, Lupe Gomez Sent from my iPhone On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote: Good afternoon, 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to having the trial date continued? Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612) 317-6242 Mohamrned.Abumayaleh@courtsstatemnus Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you are responsible for the lawful use of this information. This e—moil and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in reliance upon this e-mail or the attachments. lf you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. This email originated from outside the Minnesota Judicial Branch. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this email appears suspicious, or is asking you to provide sensitive information, please do not forward the email; submit the email via the ‘Report Phishing' button on your Outlook ribbon on your computer or contact the l’i‘D Service Desk for further guidance. 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Kirk Tisher From: Abumayaieh, Mohammed Sent: Monday, July 6, 2020 9:18 AM To: Karen Maestoso Cc: Kirk Tisher Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27-CV-18—19659 — Good morning, You should discuss this with Piaintiff’s attorney to see if they are in agreement (they are copied on this email). If not, you will need to file a Motion for Continuance (instructions on this can be found here: http://wwwvmncourts.gov/Getl‘-orms.aspx?c=7#subcat73 ) . Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612) 317-6242 Mohammed.Abumayaleh@courtsstatemnus Fourth Judicial District Court Disclaimer: This is on official government communication. As the recipient, you ore responsible for the lawful use of this information. This e~mail and any attachments may be confidential and ore intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of this e—mail, you should not copy, distribute or tahe any action in reliance upon this e-mail or the attachments. if you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. From: Karen Maestoso [mailto:klmkj28@gmail.com] Sent: Thursday, July 2, 2020 3:36 PM To: Abumayaleh, Mohammed Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659 Good afternoon lam requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf course. This is their busy season. Respectfully, Lupe Gomez Sent from my iPhone On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote: Good afternoon, 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to having the trial date continued? Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612) 317-6242 Mohammed.Abumayaleh@courts.state.mn,us Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in reliance upon this e-mall or the attachments. lf you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. This email originated from outside the Minnesota Judicial Branch. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ifthis email appears suspicious, or is asking you to provide sensitive information, please do not forward the email; submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact the lTD Service Desk for further guidance. 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Kirk Tisher From: Kirk Tisher Sent: Monday, July 6, 2020 10:52 AM To: Abumayaleh, Mohammed; Karen Maestoso Cc: Tracey Loyd Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV—18—19659 Mr. Abumayaleh, We do not have any objects to a short continuance. We will still plan on ling (and delivering the hard copies of) the required trial submissions today unless we hear otherwise. Kirk Tisher :Haums E Hansen Kirk Tisher Attorney 952.564.6267 (Direct and Direct Fax) 8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426 l ktisher@bumshansencom lwwwhurnshansencom THIS IS A COMMUNICATlON FROM A DEBT COLLECTOR ATTEMPTING T0 COLLECT A DEBT. ANY INFORMATION OBTAlNED WlLL BE USED FOR THAT PURPOSE. 15 U.S.C.A. § 1692 9(11) This e/mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510/2521, and is confidential. Please be aware that this eemail (including any attachments) may contain attorney/client materials or attorney work product, legally privileged, and protected from disclosure. If you are not the intended recipient, then any disclosure, copying, distribution, or use of this email is prohibited. If you receive this eemail in error, please notify sender immediately by returning the e~mail and any attachments and delete this copy from your system. Thank you for your cooperation. From: Abumayaleh, Mohammed Sent: Monday, July 6, 2020 9:18 AM To: Karen Maestoso Cc: Kirk Tisher Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659 Good morning, You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are copied on this email). lf not, you will need to file a Motion for Continuance (instructions on this can be found here: http://www.mncourtsgov/GetForms.asp> Subject: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV—18-19659 Good afternoon |am requesting a continuance due to the Covid virus and also Lupe has been working seven days a week at the golf course. This is their busy season. Respectfully, Lupe Gomez Sent from my iPhone On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote: Good afternoon, The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to having the trial date continued? Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543—1341 Fax: (612) 317-6242 Mohammed/Abumayaleh@courtsstatemnus Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in reliance upon this e-mail or the attachments. lf you received this e—mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. This email originated from outside the Minnesota Judicial Branch. Do not click links or . open attachments unless you recognize the sender and know the content is safe. lf this email 2 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM appears suspicious, or is asking you to provide sensitive information, please do not forward the email; submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact the lTD Service Desk for further guidance. 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Kirk Tisher From: Kirk Tisher Sent: Thursday, July 9, 2020 6:42 AM To: Karen Maestoso - 27-CV-18-19659 Subject: _FW: [EXTERNAL] Re: Lazenby v. Gomez My client would consent to a continuance to the rst available August date, lVly understanding is that Lupe and my client are going to have a discussion tonight, and if they seem close to a resolution, we may be flexible on that. :HBums l Hansen Kirk Tisher Attorney 952.564.6267 (Direct and Direct Fax) 8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426 I ktisher@burnshansen.com www‘burnshansencom I THIS IS A COMMUNICATlON FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAlNED WILL BE USED FOR THAT PURPOSE. 15 U.S.C.A. § 1692 9(11) This ermail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510/2521, and is confidential. Please be aware that this e’mail (including any attachments) may contain attorneyrclient materials or attorney work product, legally privileged, and protected from disclosure. If you are not the intended recipient, then any disclosure, copying, distribution, or use of this ermail is prohibited. If you receive this ermail in error, please notify sender immediately by returning the e~mail and any attachments and delete this copy from your system. Thank you for your cooperation. From: Abumayaleh, Mohammed Sent: Tuesday, July 7, 2020 10:47 AM To: Karen Maestoso ; Kirk Tisher Mbbles‘ Cc: Tracey Loyd _ Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez - 27-CV-18—19659 Good morning, The parties should discuss then inform the court when they agree to have the trial continued to. Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein EX BIT Minnesota Fourth Judicial District Phone: (612) 543-1341 Fax: (612) 317—6242 Mohammed/Mmmayaleh@courts.state.mn.us Fourth Judicial District Court Disclaimer; This is an official government communication. As the recipient, you are responsible for the lawful use of this information. This e-mail and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM this e-mail, you should not copy, distribute or take any action in reliance upon this e-maii or the attachments, If you received this e~mai| in error, please notify the sender immediately cmol delete this message. Thanh you. Please consider the environment before printing this email. From: Karen Maestoso [mailtozl Cc: Abumayaleh, Mohammed ; Tracey Loyd Subject: Re: [EXTERNAL] Re: Lazenby v. Gomez - 27—CV-18—19659 Idid not see the other email (the one from Plaintiffs attorney) until after sent my reply stating that Lupe | is delivering papers to court this morning. Thank you. Sent from my iPhone On Jul 6, 2020, at 10:51 AM, Kirk Tisher wrote: lVlr. Abumayaleh, We do not have any objects to a short continuance. We will still plan on filing (and delivering the hard copies of) the required trial submissions today unless we hear otherwise. Kirk Tisher Kirk Tisher Attorney 952.564.6267 (Direct and Direct Fax) 8401 Wayzata Boulevard, Suite 300 Minneapolis, Minnesota 55426 I ktisher@burnshansencom www.burnshansen.com l THIS IS A COMMUNiCATION FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 15 u.s.c.A. § 1692 emi This e’ma (including any attachments) is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510/2521, and is confidential. Please be aware that this ermail (including any attachments) may contain attorney~client materials or attorney work product, legally privileged, and protected from disclosure. If you are not the intended recipient, then any disclosure, copying, distribution, or use of this e/mail is prohibited. If you receive this e—mail in error, please notify sender immediately by returning the e/mail and any attachments and delete this copy from your system. Thank you for your cooperation. From: Abumayaleh, Mohammed Cc: Kirk Tisher Subject: RE: [EXTERNAL] Re: Lazenby v. Gomez 27—CV-18-19659 — Good morning, 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM You should discuss this with Plaintiff’s attorney to see if they are in agreement (they are copied on this email). If not, you wiH need to file a Motion for Continuance (instructions on this can be found here: http://wwwvmncourts.gov/GetFormsiaspx?c=7#subcat73 ). Thank you, Mohammad Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Kiein Minnesota Fourth Judicial District Phone: (612) 543—1341 Fax: (612) 317-6242 MohammedAbumayaleh@courts.state.mn.us Fourth ludiciol District Court Disclaimer: This is an official government communication. As the recipient, you ore responsible for the lawful use of this information. This e-moil and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. lf you are not the intended recipient of this e-mail, you should not copy, distribute or tahe any action in reliance upon this e-mail or the attachments. lf you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. From: Karen Maestoso [mailto:klml Subject: [EXTERNAL] Re: Lazenby v. Gomez 27-CV-18—19659 — Good afternoon |am requesting a continuance clue to the Covid virus and also Lupe has been working seven days a week at the golf course. This is their busy season. Respectfully, Lupe Gomez Sent from my iPhone On Mar 16, 2020, at 2:18 PM, Abumayaleh, Mohammed wrote: Good afternoon, The Plaintiff has requested a continuance of the Trial currently set for April 20. Are you opposed to having the trial date continued? Thank you, Mohammed Mohammed Abumayaleh Law Clerk to the Honorable Joseph R. Klein Minnesota Fourth Judicial District Phone: (612) 543-1341 27-CV-18-19659 Filed in District Court State of Minnesota 7/15/2020 5:02 PM Fax: (612) 317—6242 Mohammed.Abumayaleh@cou rts.state.mn.us Fourth Judicial District Court Disclaimer: This is an official government communication. As the recipient, you are responsible for the lawful use of this information. This e-muil and any attachments may be confidential and are intended solely for the individual or organization to which they are addressed. They may contain privileged or confidential information and should not be disseminated. If you are not the intended recipient of this e-mail, you should not copy, distribute or take any action in reliance upon this e- mail or the attachments. lf you received this e-mail in error, please notify the sender immediately and delete this message. Thanh you. Please consider the environment before printing this email. This email originated from outside the Minnesota Judicial Branch. Do not click links or open attachments unless you recognize the sender and know the content is safe. lfthis email appears suspicious, or is asking you to provide sensitive information, please do not fowvard the email; submit the email via the ‘Report Phishing’ button on your Outlook ribbon on your computer or contact the iTD Service Desk for further guidance.