On April 16, 2024 a
Motion-Secondary
was filed
involving a dispute between
Midland Credit Management, Inc,
and
Saidu, Mattu,
for Consumer Credit Contract
in the District Court of Hennepin County.
Preview
27-CV-24-5896
Filed in District Court
State of Minnesota
4/16/2024 8:00 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Midland Credit Management, Inc
Plaintiff,
MEMORANDUM IN SUPPORT OF
VS PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
Mattu Saidu
Court File No.
Defendant(s)
I. INTRODUCTION
Plaintiff moves for Judgment on the Pleadings against Defendant(s) as no issues of fact or
law are raised by Defendant('s') Answer to the Complaint.
II. DOCUMENTS COMPRISING THE RECORD
Plaintiff relies upon the following documents and their attachments in support of its
Motion:
A. Pleadings
1. Plaintiff's Complaint with attachments;
2. Defendant('s') Answer.
B. Declarations
1. Declaration of Identification, Non-Military Status, Amount Due and Costs
and Disbursements.
III. FACTUAL SUMMARY
Defendant(s) was/were served on with the Summons and Complaint. Defendant(s)
answered Plaintiffs Complaint but raised no legal or factual issues. (Ex. A.) As the Complaint
alleges the facts surrounding this matter and the Answer creates no legal issue, judgment should
be granted based on the pleadings.
Page 1 of 3
MN 0740 File N0: 23-100350
27-CV-24-5896
Filed in District Court
State of Minnesota
4/16/2024 8:00 AM
IV. ARGUMENT
A. THE LAW AND THE FACTS DEMONSTRATE THAT PLAINTIFF IS
ENTITLED TO JUDGMENT ON THE PLEADINGS AGAINST DEFENDANT(S).
Plaintiff moves for Judgment on the Pleadings pursuant to Rule 12.03 of the Minnesota
Rules of Civil Procedure, which states, "After the pleadings are closed but within such time as
not to delay the trial, any party may move for judgment on the pleadings." A Motion for
Judgment on the Pleadings will be granted where the pleadings create no triable fact issues. Rein
v. Lodermeier, 387 N.W.2d 652, 653 (Minn. Ct. App. 1986). Judgment on the pleadings is proper
where the party states a claim or defense that does not raise material issues of fact. Jacobson v.
Rauenhorst C0rp., 302 Minn. 202, 221 N.W.2d 703, 706 (Minn. 1974). If no material issues of
fact remain and nothing remains to be done but to draw legal conclusions from such facts, then
judgment is appropriate. Nationwide Corp. v. Northwestern Nat. Life Ins. Co., 251 Minn. 255,
267, 87 N.W.2d 671, 681 (Minn. 1958).
Here, the facts are simple and undisputed. Defendant(s) failed to repay money owed on
an account. Defendant('s') Answer raises no genuine issue as to any material fact that would
preclude the entry of judgment. A material fact is one that "[w]ill affect the result or outcome of
the case depending on its resolution." Rathbun v. W. T. Grant Co, 300 Minn. 223, 229, 219
N.W.2d 641, 646 (Minn. 1974). Judgment may be granted where the material facts are
undisputed and as a matter of law only one conclusion is compelled. Illinois Farmers Ins. Co. v.
Tapemark Ca, 273 N.W.2d 630, 634 (Minn. 1978). The purpose of Rule 12.03 is to allow for a
"[flust, speedy, and inexpensive disposition of actions where there is no genuine issue as to any
material fact and the recovering party is entitled to a Judgment as a matter of Law." Johnson
Bros. Wholesale Liquor Co. v. Price, 293 Minn. 373, 374, 195 N.W.2d 830, 831 (Minn. 1972).
Page 2 of 3
MN 0740 File Noz23-100350
27-CV-24-5896
Filed in District Court
State of Minnesota
4/16/2024 8:00 AM
V. CONCLUSION
DefendantCs') Answer fails to raise any genuine issues of material fact or legal defenses.
Therefore, Plaintiff requests that the Court grant its Motion for Judgment on the Pleadings.
RESPECTFULLY SUBMITTED,
MESSERLI & KRAMER PA
W/Cflw'b 2625/
Date: ///&(§
D Brian A. Chou, #0332124
D Jillian N. Walker, #0388575
D 'cia M. Westerhoff, #0398577
Zaharcus S. Boston, #0401167
D Craig P. Henderson, #0402194
D Stephen M. Kaminsky, #0402966
cc-litigation@messerlikramer.com
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
Ph#: (763) 548-7900
Fax#: (763) 5487922
IMPORTANT NOTICE
This communication is from a debt collector and is an attempt to collect a debt. Any information
obtained will be used for that purpose.
Page 3 of 3
MN 0740 File No: 23-100350
Document Filed Date
April 16, 2024
Case Filing Date
April 16, 2024
Category
Consumer Credit Contract
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27-CV-24-5896 Filed in District Court State of Minnesota 4/16/2024 8:00 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Midland Credit Management, Inc Plaintiff, MEMORANDUM IN SUPPORT OF VS PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Mattu Saidu Court File No. Defendant(s) I. INTRODUCTION Plaintiff moves for Judgment on the Pleadings against Defendant(s) as no issues of fact or law are raised by Defendant('s') Answer to the Complaint. II. DOCUMENTS COMPRISING THE RECORD Plaintiff relies upon the following documents and their attachments in support of its Motion: A. Pleadings 1. Plaintiff's Complaint with attachments; 2. Defendant('s') Answer. B. Declarations 1. Declaration of Identification, Non-Military Status, Amount Due and Costs and Disbursements. III. FACTUAL SUMMARY Defendant(s) was/were served on with the Summons and Complaint. Defendant(s) answered Plaintiffs Complaint but raised no legal or factual issues. (Ex. A.) As the Complaint alleges the facts surrounding this matter and the Answer creates no legal issue, judgment should be granted based on the pleadings. Page 1 of 3 MN 0740 File N0: 23-100350 27-CV-24-5896 Filed in District Court State of Minnesota 4/16/2024 8:00 AM IV. ARGUMENT A. THE LAW AND THE FACTS DEMONSTRATE THAT PLAINTIFF IS ENTITLED TO JUDGMENT ON THE PLEADINGS AGAINST DEFENDANT(S). Plaintiff moves for Judgment on the Pleadings pursuant to Rule 12.03 of the Minnesota Rules of Civil Procedure, which states, "After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings." A Motion for Judgment on the Pleadings will be granted where the pleadings create no triable fact issues. Rein v. Lodermeier, 387 N.W.2d 652, 653 (Minn. Ct. App. 1986). Judgment on the pleadings is proper where the party states a claim or defense that does not raise material issues of fact. Jacobson v. Rauenhorst C0rp., 302 Minn. 202, 221 N.W.2d 703, 706 (Minn. 1974). If no material issues of fact remain and nothing remains to be done but to draw legal conclusions from such facts, then judgment is appropriate. Nationwide Corp. v. Northwestern Nat. Life Ins. Co., 251 Minn. 255, 267, 87 N.W.2d 671, 681 (Minn. 1958). Here, the facts are simple and undisputed. Defendant(s) failed to repay money owed on an account. Defendant('s') Answer raises no genuine issue as to any material fact that would preclude the entry of judgment. A material fact is one that "[w]ill affect the result or outcome of the case depending on its resolution." Rathbun v. W. T. Grant Co, 300 Minn. 223, 229, 219 N.W.2d 641, 646 (Minn. 1974). Judgment may be granted where the material facts are undisputed and as a matter of law only one conclusion is compelled. Illinois Farmers Ins. Co. v. Tapemark Ca, 273 N.W.2d 630, 634 (Minn. 1978). The purpose of Rule 12.03 is to allow for a "[flust, speedy, and inexpensive disposition of actions where there is no genuine issue as to any material fact and the recovering party is entitled to a Judgment as a matter of Law." Johnson Bros. Wholesale Liquor Co. v. Price, 293 Minn. 373, 374, 195 N.W.2d 830, 831 (Minn. 1972). Page 2 of 3 MN 0740 File Noz23-100350 27-CV-24-5896 Filed in District Court State of Minnesota 4/16/2024 8:00 AM V. CONCLUSION DefendantCs') Answer fails to raise any genuine issues of material fact or legal defenses. Therefore, Plaintiff requests that the Court grant its Motion for Judgment on the Pleadings. RESPECTFULLY SUBMITTED, MESSERLI & KRAMER PA W/Cflw'b 2625/ Date: ///&(§ D Brian A. Chou, #0332124 D Jillian N. Walker, #0388575 D 'cia M. Westerhoff, #0398577 Zaharcus S. Boston, #0401167 D Craig P. Henderson, #0402194 D Stephen M. Kaminsky, #0402966 cc-litigation@messerlikramer.com 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 Ph#: (763) 548-7900 Fax#: (763) 5487922 IMPORTANT NOTICE This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Page 3 of 3 MN 0740 File No: 23-100350