On December 05, 2018 a
Motion-Secondary
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
11/5/2019 10:49 AM
State 0f Minnesota District Court
County Judicial District: Fourth
Hennepin Court File Number: 27-CV-1 8- 1 9659
Case Type: Civil
(The Honorable Joseph Klein)
Ryan Lazenby, and Temaca Irrigation LLC
'
P1 amt'ff
1
Defendant’s Response t0
vs. Plaintiff’s
Guadalupe Gomez, James Gomez Motion In Limine and
Temaca Lawn Sprinklers, Inc. d.b.a. Defendant’s Motion In Limine
Temaca Lawn Sprinklers,
Defendant
TO: PLAINTIFFS ABOVE NAMED.
YOU WILL PLEASE TAKE NOTICE, that the above-named Defendants, by and
through their counsel of record, will move the above-named Court before the Honorable Joseph
Klein, Judge of the Hennepin County District Court, on November 18, 2019 at 9:00 am, in his
Courtroom, located at the Hennepin County Courthouse, 300 South Sixth Street, Minneapolis, MN
55487 for relief as follows:
1. An Order finding that Plaintiff” s requests for relief are Without merit and that Plaintiff’s
requests for relief would unfairly prejudice Defendants’ ability to defend against Plaintiff
requests for relief as well as Defendants’ ability to seek relief against Defendants and s0
denying Plaintiff” s Motions in their entirety.
2. Denying Plaintiff’s request for an order for Summary Judgment dismissing any
counterclaims by Defendants.
3. Ordering Plaintiffs t0 respond t0 Defendants’ June 2019 discovery requests Within ten days
0f the order, but n0 later than November 14th, 2019.
4. Finding that Plaintiffs recognize and admit that the claims made by Defendants in prior
pleadings are “counterclaims” based upon Plaintiffs’ Notice 0f Motion and Motion in
Limine, wherein Plaintiffs recognized that Plaintiff’s pleadings contained counterclaims
When Plaintiff’s motion documents asked that the Court “dismiss any counterclaims by
27-CV-18-19659
Filed in District Court
State of Minnesota
11/5/2019 10:49 AM
Defendants in their entirety” and further requesting an order 0f the Court dismissing
Defendants from “asserting any other claims or seeking any other relief.
5. Ordering that Defendant’s Claims as filed in Defendant’s pleadings in this matter are, in
effect, counterclaims, thereby giving Plaintiffs notice 0f their counterclaims and further
ordering.that Defendant’s may serve and file them as counterclaims against Plaintiffs
Within ten business days of this order.
6. For such other additional relief as is just and equitable.
This motion is based upon Minnesota Statutes, Minnesota Rules of Civil Procedures,
Minnesota General Rules 0f Practice for the District Courts, Defendant’s responsive motion and
documents supporting those documents including those documents filed in response t0 Plaintiff” s
documents, including Defendants Affidavit in Response t0 Plaintiff’s Motion and Defendants
Answer t0 Plaintiff” s Verified Complaint, and exhibits, arguments of counsel and all the files and
records herein.
Date: November 4, 2019 HALPER & JOSEPH, PLLC
/S/ Barbara A. Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN 55387
Telephone (952) 356-0825
27-CV-18-19659
Filed in District Court
State of Minnesota
11/5/2019 10:49 AM
ACKNOWLEDGEMENT REQUIRED BY MINN.STAT. 8 549.211
The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and
Witness fees may be awarded pursuant t0 Minn. Stat. §549.21 1, Subd. 2 to the party against
Whom the allegations in the pleading are asserted.
Date: November 4, 2019 HALPER & JOSEPH, PLLC
/S/ Barbara A. Halper
Barbara A. Halper, ID# 202290
barbara@halperjoseph.com
300 East Frontage Road, Suite A
Waconia, MN
55387
Telephone (952) 356-0825
Document Filed Date
November 05, 2019
Case Filing Date
December 05, 2018
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27-CV-18-19659 Filed in District Court State of Minnesota 11/5/2019 10:49 AM State 0f Minnesota District Court County Judicial District: Fourth Hennepin Court File Number: 27-CV-1 8- 1 9659 Case Type: Civil (The Honorable Joseph Klein) Ryan Lazenby, and Temaca Irrigation LLC ' P1 amt'ff 1 Defendant’s Response t0 vs. Plaintiff’s Guadalupe Gomez, James Gomez Motion In Limine and Temaca Lawn Sprinklers, Inc. d.b.a. Defendant’s Motion In Limine Temaca Lawn Sprinklers, Defendant TO: PLAINTIFFS ABOVE NAMED. YOU WILL PLEASE TAKE NOTICE, that the above-named Defendants, by and through their counsel of record, will move the above-named Court before the Honorable Joseph Klein, Judge of the Hennepin County District Court, on November 18, 2019 at 9:00 am, in his Courtroom, located at the Hennepin County Courthouse, 300 South Sixth Street, Minneapolis, MN 55487 for relief as follows: 1. An Order finding that Plaintiff” s requests for relief are Without merit and that Plaintiff’s requests for relief would unfairly prejudice Defendants’ ability to defend against Plaintiff requests for relief as well as Defendants’ ability to seek relief against Defendants and s0 denying Plaintiff” s Motions in their entirety. 2. Denying Plaintiff’s request for an order for Summary Judgment dismissing any counterclaims by Defendants. 3. Ordering Plaintiffs t0 respond t0 Defendants’ June 2019 discovery requests Within ten days 0f the order, but n0 later than November 14th, 2019. 4. Finding that Plaintiffs recognize and admit that the claims made by Defendants in prior pleadings are “counterclaims” based upon Plaintiffs’ Notice 0f Motion and Motion in Limine, wherein Plaintiffs recognized that Plaintiff’s pleadings contained counterclaims When Plaintiff’s motion documents asked that the Court “dismiss any counterclaims by 27-CV-18-19659 Filed in District Court State of Minnesota 11/5/2019 10:49 AM Defendants in their entirety” and further requesting an order 0f the Court dismissing Defendants from “asserting any other claims or seeking any other relief. 5. Ordering that Defendant’s Claims as filed in Defendant’s pleadings in this matter are, in effect, counterclaims, thereby giving Plaintiffs notice 0f their counterclaims and further ordering.that Defendant’s may serve and file them as counterclaims against Plaintiffs Within ten business days of this order. 6. For such other additional relief as is just and equitable. This motion is based upon Minnesota Statutes, Minnesota Rules of Civil Procedures, Minnesota General Rules 0f Practice for the District Courts, Defendant’s responsive motion and documents supporting those documents including those documents filed in response t0 Plaintiff” s documents, including Defendants Affidavit in Response t0 Plaintiff’s Motion and Defendants Answer t0 Plaintiff” s Verified Complaint, and exhibits, arguments of counsel and all the files and records herein. Date: November 4, 2019 HALPER & JOSEPH, PLLC /S/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 Telephone (952) 356-0825 27-CV-18-19659 Filed in District Court State of Minnesota 11/5/2019 10:49 AM ACKNOWLEDGEMENT REQUIRED BY MINN.STAT. 8 549.211 The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and Witness fees may be awarded pursuant t0 Minn. Stat. §549.21 1, Subd. 2 to the party against Whom the allegations in the pleading are asserted. Date: November 4, 2019 HALPER & JOSEPH, PLLC /S/ Barbara A. Halper Barbara A. Halper, ID# 202290 barbara@halperjoseph.com 300 East Frontage Road, Suite A Waconia, MN 55387 Telephone (952) 356-0825