On December 05, 2018 a
Party Discovery
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.
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27-CV-18-19659
Filed in District Court
State of Minnesota
12/31/2018 4:47 PM
State of Minnesota District Court
County Judicial District: Fourth
Hennepin Court File Number: 27-CV-18-19659
Case Type: Civil
(The Honorable Joseph Klein)
Ryan Lazenby, and Temaca Irrigation LLC
Plaintiff
vs.
Response to Plaintiff’s Motion
for Temporary Injunction and
Guadalupe Gomez, James Gomez
Temaca Lawn Sprinklers, Inc. d.b.a. Motion for Temporary Relief
Temaca Lawn Sprinklers,
Defendant
________________________________________________________________________
TO: PLAINTIFFS ABOVE NAMED.
YOU WILL PLEASE TAKE NOTICE, that the above-named Defendant, by and
through its counsel of record, will move the above-named Court before the Honorable Joseph
Klein, Judge of the Hennepin County District Court, on December 14, 2018 at 11:00 am, in his
Courtroom, located at the Hennepin County Courthouse, 300 South Sixth Street, Minneapolis, MN
55487 for relief as follows:
1. Defendant requests the Court to find that Plaintiff’s Motion and Amended Motion are
without merit and deny Plaintiff’s motion in its entirety, or in the alternative:
Find that Plaintiff’s motion and amended motion for an expedited hearing are frivolous and
further find that even if they had any merit, the issues raised by Plaintiffs relate to violation of a
noncompete and alleged interference by Defendant in an irrigation business in Minnesota. That
business is seasonal and is not currently providing services to customers and will not provide
services to customers until spring 2019. Further find that Plaintiffs have not demonstrated any
urgency that would require an expedited hearing instead of a hearing scheduled for a time by
mutual agreement or order of the court that allows Defendant reasonable time to adequately
prepare for the hearing, and
2. Deny Plaintiff’s request for the Orders and Judgments set forth in Plaintiff’s Verified
Complaint or in the alternative, Order that a hearing on the merits of the Verified Complaints of
27-CV-18-19659
Filed in District Court
State of Minnesota
12/31/2018 4:47 PM
Plaintiff and Defendant shall be set at a future time mutually agreeable with the Court, Plaintiff,
and Defendant.
3. Find that Plaintiff’s customers have erroneously been mailing checks for services provided
by Temaca Lawn Sprinklers in 2018 to Defendants. Defendant had notified Plaintiffs of that fact
and Defendants had not responded. Defendants allege that Plaintiffs are in default of their purchase
agreement for Temaca Lawn Sprinklers but have continued to use the company’s assets to provide
services to clients. Plaintiffs request that the court order that Defendants give all checks payable
to Temaca Lawn Sprinklers that he has or does receive to Plaintiff’s attorney of record, and further
ordering that Plaintiff’s attorney shall deposit those checks as well as others received by Defendant
into an interest-bearing trust account until further order of the court.
4. Deny all motions of Plaintiff and order that Plaintiff pay to Defendant, Defendant’s
reasonable attorney fees and costs associated with Plaintiff’s motion for expedited relief.
5. For such other additional relief is just and equitable.
This motion is based upon Minnesota Statutes, Minnesota Rules of Civil Procedures,
Minnesota General Rules of Practice for the District Courts, Defendant’s responsive motion and
documents supporting those documents including those documents filed in response to Plaintiff’s
documents, including Defendants Affidavit in Response to Plaintiff’s Motion and Defendants
Answer to Plaintiff’s Verified Complaint and Defendant’s Verified Complaint.
Date: December 12, 2018 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
December 31, 2018
Case Filing Date
December 05, 2018
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27-CV-18-19659 Filed in District Court State of Minnesota 12/31/2018 4:47 PM State of Minnesota District Court County Judicial District: Fourth Hennepin Court File Number: 27-CV-18-19659 Case Type: Civil (The Honorable Joseph Klein) Ryan Lazenby, and Temaca Irrigation LLC Plaintiff vs. Response to Plaintiff’s Motion for Temporary Injunction and Guadalupe Gomez, James Gomez Temaca Lawn Sprinklers, Inc. d.b.a. Motion for Temporary Relief Temaca Lawn Sprinklers, Defendant ________________________________________________________________________ TO: PLAINTIFFS ABOVE NAMED. YOU WILL PLEASE TAKE NOTICE, that the above-named Defendant, by and through its counsel of record, will move the above-named Court before the Honorable Joseph Klein, Judge of the Hennepin County District Court, on December 14, 2018 at 11:00 am, in his Courtroom, located at the Hennepin County Courthouse, 300 South Sixth Street, Minneapolis, MN 55487 for relief as follows: 1. Defendant requests the Court to find that Plaintiff’s Motion and Amended Motion are without merit and deny Plaintiff’s motion in its entirety, or in the alternative: Find that Plaintiff’s motion and amended motion for an expedited hearing are frivolous and further find that even if they had any merit, the issues raised by Plaintiffs relate to violation of a noncompete and alleged interference by Defendant in an irrigation business in Minnesota. That business is seasonal and is not currently providing services to customers and will not provide services to customers until spring 2019. Further find that Plaintiffs have not demonstrated any urgency that would require an expedited hearing instead of a hearing scheduled for a time by mutual agreement or order of the court that allows Defendant reasonable time to adequately prepare for the hearing, and 2. Deny Plaintiff’s request for the Orders and Judgments set forth in Plaintiff’s Verified Complaint or in the alternative, Order that a hearing on the merits of the Verified Complaints of 27-CV-18-19659 Filed in District Court State of Minnesota 12/31/2018 4:47 PM Plaintiff and Defendant shall be set at a future time mutually agreeable with the Court, Plaintiff, and Defendant. 3. Find that Plaintiff’s customers have erroneously been mailing checks for services provided by Temaca Lawn Sprinklers in 2018 to Defendants. Defendant had notified Plaintiffs of that fact and Defendants had not responded. Defendants allege that Plaintiffs are in default of their purchase agreement for Temaca Lawn Sprinklers but have continued to use the company’s assets to provide services to clients. Plaintiffs request that the court order that Defendants give all checks payable to Temaca Lawn Sprinklers that he has or does receive to Plaintiff’s attorney of record, and further ordering that Plaintiff’s attorney shall deposit those checks as well as others received by Defendant into an interest-bearing trust account until further order of the court. 4. Deny all motions of Plaintiff and order that Plaintiff pay to Defendant, Defendant’s reasonable attorney fees and costs associated with Plaintiff’s motion for expedited relief. 5. For such other additional relief is just and equitable. This motion is based upon Minnesota Statutes, Minnesota Rules of Civil Procedures, Minnesota General Rules of Practice for the District Courts, Defendant’s responsive motion and documents supporting those documents including those documents filed in response to Plaintiff’s documents, including Defendants Affidavit in Response to Plaintiff’s Motion and Defendants Answer to Plaintiff’s Verified Complaint and Defendant’s Verified Complaint. Date: December 12, 2018 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