On June 24, 2024 a
Miscellaneous
was filed
involving a dispute between
Phillips, Kimberly,
and
Bgd5 Hotel, Llc,
for Personal Injury
in the District Court of Olmsted County.
Preview
55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
State of Minnesota District Court
County of Olmsted Judicial District: Third
Court File Number:
Case Type: Premise Liability
Kimberly Phillips
Plaintiff
Civil Cover Sheet
vs (Non-Family Case Type)
Minn. R. Gen. Prac. 104
BGD5 Hotel, LLC d/b/a
DoubleTree by Hilton Hotel Rochester,
Defendant
Date Case Filed: June 24, 2024
This civil cover sheet must be filed by the initial filing lawyer or party, if unrepresented by legal
counsel, unless the court orders all parties or their legal counsel to complete this form. Once the
initial civil cover sheet is filed, opposing lawyers or unrepresented parties who have not already
been ordered to complete this form may submit their own cover sheet within ten days after being
served with the initial cover sheet. See Rule 104 of the General Rules of Practice for the District
Courts.
If information is not known to the filing party at the time of filing, it shall be provided to the
Court Administrator in writing by the filing party within seven (7) days of learning the
information. Any party impleading additional parties shall provide the same information to the
Court Administrator. The Court Administrator shall, upon receipt of the completed certificate,
notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the
file number assigned.
ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT
Nathan H. Bjerke (026670X) Christopher J. Van Rybroek (#0392514)
8300 Norman Center Drive, Suite 1275 10160 Foley Boulevard NW, Suite 210
Bloomington, MN 55437 Coon Rapids, MN 55448
Phone: 952-767-3540 Phone: 767-757-2513
nate@tsrinjurylaw.com Christopher_vanrybroek@staffdefense.com
Note: If either Plaintiff or Defendant gets an attorney, the attorney’s name, address, telephone
number and attorney ID number must be given in writing to the Court Administrator immediately.
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 4
55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
1. Provide a concise statement of the case including facts and legal basis:
Defendant BGD5 Hotel LLC, d/b/a DoubleTree Hilton Hotel Rochester is a business
existing under the laws of Minnesota that owns and operates a hotel in the City of Rochester,
County of Olmsted, State of Minnesota. Plaintiff Kimberly Phillips alleges that on February 11,
2022, Ms. Phillips was lawfully on the property owned by the Defendant. At said time and place,
Plaintiff fell and sustained a injury as a direct and proximate result of the unreasonably
dangerous condition of Defendant’s property. Plaintiff alleges that the Defendant was negligent
and careless for failure to properly, maintain, inspect and repair their property.
2. Date Complaint was served: February 9, 2024.
3. For Expedited Litigation Track (ELT) Pilot Courts only:
a. □ the parties jointly and voluntarily agree that this case shall be governed by the Special
Rules for ELT Pilot. Date of agreement:
b. □ The court is requested to consider excluding this case from ELT for the following
reasons:
Note: ELT is mandatory in certain cases, and where mandatory, exclusion may also be
sought by timely motion under the Special Rules for ELT Pilot.
c. Anticipated number of trial witnesses:
d. Amount of medical expenses to date:
e. Amount of lost wages to date:
f. Identify any known subrogation interests:
4. Estimated discovery completion within 6 months from the date of this form.
5. Disclosure / discovery of electronically stored information discussed with other party?
□ No □ Yes, date of discussion:
If Yes, list agreements, plans, and disputes:
6. Proposed trial start date: one year from the date of filing.
7. Estimated trial time: 3-4_ days.
8. Jury trial is:
□ waived by consent of pursuant to Minn. R. Civ. P. 38.02.
(specify party)
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 2 of 4
55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
x requested by Plaintiff (NOTE: Applicable fee must be enclosed)
(specify party)
9. Physical/mental/blood examination pursuant to Minn. R. Civ. P. 35 is requested:
□ Yes □ No
10. Identify any party or witness who will require interpreter services, and describe the services
needed (specifying language, and if known, particular dialect):
11. Issues in dispute: liability and damages
12. Case Type / Category: 11-personal injury (NOTE: select case type from Form 23,
Subject Matter Index for Civil Cases, appended to the Minnesota Rules of Civil Procedure).
13. Recommended Alternative Dispute Resolution (ADR) mechanism: mediation
(See list of ADR processes set forth in Minn. Gen. R. Prac. 114.02(a))
Recommended ADR provider (known as a “neutral”):
Recommended ADR completion date:
If applicable, reasons why ADR not appropriate for this case:
By signing below, the attorney or party submitting this form certifies that the above information
is true and correct.
TSR INJURY LAW
Date: 6/24/2024 By:
Nathan H. Bjerke (026670X)
8300 Norman Center Drive, Suite 1275
Bloomington, MN 55437
Phone: 952-767-3540
nate@tsrinjurylaw.com
CIV117 State ENG 05/13 www.mncourts.gov/forms Page 3 of 4
Document Filed Date
June 24, 2024
Case Filing Date
June 24, 2024
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55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM State of Minnesota District Court County of Olmsted Judicial District: Third Court File Number: Case Type: Premise Liability Kimberly Phillips Plaintiff Civil Cover Sheet vs (Non-Family Case Type) Minn. R. Gen. Prac. 104 BGD5 Hotel, LLC d/b/a DoubleTree by Hilton Hotel Rochester, Defendant Date Case Filed: June 24, 2024 This civil cover sheet must be filed by the initial filing lawyer or party, if unrepresented by legal counsel, unless the court orders all parties or their legal counsel to complete this form. Once the initial civil cover sheet is filed, opposing lawyers or unrepresented parties who have not already been ordered to complete this form may submit their own cover sheet within ten days after being served with the initial cover sheet. See Rule 104 of the General Rules of Practice for the District Courts. If information is not known to the filing party at the time of filing, it shall be provided to the Court Administrator in writing by the filing party within seven (7) days of learning the information. Any party impleading additional parties shall provide the same information to the Court Administrator. The Court Administrator shall, upon receipt of the completed certificate, notify all parties or their lawyers, if represented by counsel, of the date of filing the action and the file number assigned. ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT Nathan H. Bjerke (026670X) Christopher J. Van Rybroek (#0392514) 8300 Norman Center Drive, Suite 1275 10160 Foley Boulevard NW, Suite 210 Bloomington, MN 55437 Coon Rapids, MN 55448 Phone: 952-767-3540 Phone: 767-757-2513 nate@tsrinjurylaw.com Christopher_vanrybroek@staffdefense.com Note: If either Plaintiff or Defendant gets an attorney, the attorney’s name, address, telephone number and attorney ID number must be given in writing to the Court Administrator immediately. CIV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 4 55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM 1. Provide a concise statement of the case including facts and legal basis: Defendant BGD5 Hotel LLC, d/b/a DoubleTree Hilton Hotel Rochester is a business existing under the laws of Minnesota that owns and operates a hotel in the City of Rochester, County of Olmsted, State of Minnesota. Plaintiff Kimberly Phillips alleges that on February 11, 2022, Ms. Phillips was lawfully on the property owned by the Defendant. At said time and place, Plaintiff fell and sustained a injury as a direct and proximate result of the unreasonably dangerous condition of Defendant’s property. Plaintiff alleges that the Defendant was negligent and careless for failure to properly, maintain, inspect and repair their property. 2. Date Complaint was served: February 9, 2024. 3. For Expedited Litigation Track (ELT) Pilot Courts only: a. □ the parties jointly and voluntarily agree that this case shall be governed by the Special Rules for ELT Pilot. Date of agreement: b. □ The court is requested to consider excluding this case from ELT for the following reasons: Note: ELT is mandatory in certain cases, and where mandatory, exclusion may also be sought by timely motion under the Special Rules for ELT Pilot. c. Anticipated number of trial witnesses: d. Amount of medical expenses to date: e. Amount of lost wages to date: f. Identify any known subrogation interests: 4. Estimated discovery completion within 6 months from the date of this form. 5. Disclosure / discovery of electronically stored information discussed with other party? □ No □ Yes, date of discussion: If Yes, list agreements, plans, and disputes: 6. Proposed trial start date: one year from the date of filing. 7. Estimated trial time: 3-4_ days. 8. Jury trial is: □ waived by consent of pursuant to Minn. R. Civ. P. 38.02. (specify party) CIV117 State ENG 05/13 www.mncourts.gov/forms Page 2 of 4 55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM x requested by Plaintiff (NOTE: Applicable fee must be enclosed) (specify party) 9. Physical/mental/blood examination pursuant to Minn. R. Civ. P. 35 is requested: □ Yes □ No 10. Identify any party or witness who will require interpreter services, and describe the services needed (specifying language, and if known, particular dialect): 11. Issues in dispute: liability and damages 12. Case Type / Category: 11-personal injury (NOTE: select case type from Form 23, Subject Matter Index for Civil Cases, appended to the Minnesota Rules of Civil Procedure). 13. Recommended Alternative Dispute Resolution (ADR) mechanism: mediation (See list of ADR processes set forth in Minn. Gen. R. Prac. 114.02(a)) Recommended ADR provider (known as a “neutral”): Recommended ADR completion date: If applicable, reasons why ADR not appropriate for this case: By signing below, the attorney or party submitting this form certifies that the above information is true and correct. TSR INJURY LAW Date: 6/24/2024 By: Nathan H. Bjerke (026670X) 8300 Norman Center Drive, Suite 1275 Bloomington, MN 55437 Phone: 952-767-3540 nate@tsrinjurylaw.com CIV117 State ENG 05/13 www.mncourts.gov/forms Page 3 of 4