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Findings of Fact, Conclusions of Law and Order 9-30-2019 12.15.17 104951576
Findings of Fact, Conclusions of Law and Order 9-30-2019 12.15.17 104951576
Plaintiff,
v.
Defendants.
Plaintiffs,
Defendants.
The above-entitled matters came before the Honorable Jerome B. Abrams, Judge of
District Court, on September 18, 2019, at Dakota County Western Service Center, Apple
Valley, Minnesota, upon Plaintiff State Farm’s motion to compel depositions, modify the
scheduling order and for attorney’s fees. David Rucki, Samantha Rucki and Gianna Rucki
Attorney Lisa M. Elliott appeared 0n behalf of David V. Rucki, Samantha Rucki and
Based upon the files, records and proceedings, this Court makes the following:
FINDINGS 0F FACT
against Mrs. Evavold and others alleging Claims for (1) loss of services of Children; (2)
relationship; and additional counts against Mrs. Evavold of (6) defamation and
2. Mrs. Evavold notified her insurance provider, Plaintiff State Farm of the underlying
action and State Farm investigated coverage. Eventually, State Farm disclaimed
coverage for all of the counts under the governing Homeowner’s Policy and the
February 2018 seeking a declaration that it owed no duty to defend and no duty to
4. State Farm was granted summaryjudgment as to all the claims except Count 4 of the
Amended Complaint (false imprisonment) by Order dated May 7, 2019. The Court
19HA-CV-18-4286
Filed in District Court
State of Minnesota
9/25/2019 4:31 PM
found a fact question remained as to “whether [Mrs.] Evavold’s purpose was part of
an uncovered intentional plan or scheme; 0r fits within the realm of a covered false
imprisonment event."
The remaining issue in this declaratoryjudgment action is whether State Farm owes
coverage obligations under the Personal Liability Umbrella Policy for the count of
false imprisonment in the underlying Amended Complaint in Court File No. 19HA—CV—
18—4286.
Following the Court’s May 7, 2019 Order, State Farm initiated discovery by serving
Notices of Taking Deposition of Mrs. and Mr. Evavold. Notices were served on July 1,
2019 with the depositions scheduled for August 13 and 14, 2019 in St. Paul,
On July 17, 2019, Mrs. Evavold emailed State Farm requesting further information
and objecting to the location of the deposition. State Farm agreed to change the
location to St. Cloud, Minnesota and advised that her deposition would take a full
Mrs. Evavold mailed a letter to State Farm dated August 8, 2019, which was received
by State Farm on the day prior to the scheduled deposition. The letter informed State
Farm that neither Mrs. nor Mr. Evavold would appear for their deposition until
9. Mrs. Evavold did not appearfor deposition as scheduled on August 13, 2019.
10.State Farm had previously believed that Mr. Evavold would voluntarily appear for his
deposition and did not believe issuing a subpoena was necessary. Based on the
August 8, 2019 communication from Mrs. Evavold, State Farm issued a subpoena to
Mr. Evavold and scheduled his deposition for September 30, 2019.
19HA-CV-18-4286
Filed in District Court
State of Minnesota
9/25/2019 4:31 PM
11.8tate Farm filed this motion to compel the deposition of Dierdre Evavold, issue a
directive to Darin Evavold to comply with the subpoena and appear for his noticed
deposition, for attorney’s fees and to modify the scheduling order. This hearing was
12.0n September 13, 2019, Mrs. Deirdre Evavold filed a motion in opposition to
September 18 hearing, asking the Court to deny State Farm’s motions, seeking a
parties with the mediation order dated June 14, 2019, which is scheduled for
October 1, 2019.
13.Mrs. Evavold’s motion was noticed to be heard in Hastings, however the Plaintiff’s
motion had been previously scheduled in Apple Valley through court staff. Court staff
contacted Mrs. Evavold prior to the hearing by phone and email and advised herthat
the hearing would be held in Apple Valley and that her request for a telephone
14.The motion to stay the proceedings until the duty to defend is determined is illogical
based on the fact that the sole issue of this declaratoryjudgment action is to
15.This matter has been pending in Dakota County since February 2018 and the
underlying action is also venued in Dakota County. The undersigned has presided
16.0n September 18, 2019, the undersigned waited until after 9:30 a.m. before
conducting the hearing. Mrs. Evavold did not appear nor did she contact the court
19HA-CV-18-4286
Filed in District Court
State of Minnesota
9/25/2019 4:31 PM
CONCLUSIONS OF LAW
. Rule 26.02 ofthe Minnesota Rules of Civil Procedure provides “Parties may
obtain discovery regarding any nonprivileged matter that is relevant to any party's
claim or defense and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount in controversy, the
importance ofthe discovery in resolving the issues, and whether the burden or
expense of the proposed discovery outweighs its likely benefit. Information within
Minn.R.Civ.P. 26.02(b).
. Neither Mr. nor Mrs. Evavold has disputed the relevancy or proportionality of their
. State Farm’s need to depose Mr. and Mrs. Evavold outweighs any alleged expense or
burden on the Evavolds. Conducting the depositions of Mr. and Mrs. Evavold priorto
. Mrs. Evavold failed to appear for a properly noticed deposition without seeking a
protective order or explaining why her deposition falls outside the scope of discovery.
. Venue of this matter in Dakota County is proper. The right to transfer venue pursuant
discretionary with the Court under certain Circumstances. Mrs. Evavold has not
ORDER
. Darin Evavold shall comply with the subpoena issued for his deposition and appear
appear, State Farm’s counsel shall advise the Court and Mr. Evavold will be subject
to contempt proceedings.
. The depositions of Mr. and Mrs. Evavold may be scheduled for the same date and
held at a courthouse location. The parties may contact the undersigned’s staff
attorney regarding dates the Court will be available (either by phone or at the
location). The parties shall contact Court Administration in order to schedule and
. The motion to modify the scheduling order in both files is GRANTED. The deadlines
for discovery and dispositive motions shall be extended. The parties shall contact the
. Mrs. Evavold’s motion for a change of venue is DENIED, both as untimely and on the
merits.
. Mrs. Evavold’s motion to require compliance with the June 14, 2019 order to attend
mediation is GRANTED in part. The parties shall attend the scheduled mediation.
. Plaintiff State Farm’s motion for attorney's fees is GRANTED. Counsel shall submit an
9. Ruckis’ motion for attorney’s fees is GRANTED. Counsel shall submit an affidavit as
7'25 '3‘”
Dated: Z BYTHE COURT:
OW
Jerom
Juzg/eof
B. Abrams
District Court