| STATE OF MINNESOTA
HENNEPIN COUNTY |
DISTRICT COURT
FOURTH JUDICIAL DISTRICT CASE TYPE: CIVIL |
|
| Biersdorf & Associates, P.A.,
PLAINTIFF-COUNTER DEFENDANT v. La’Mont Knazze, III DEFENDANT-COUNTER PLAINTIFF/JUDGMENT DEBTOR |
Court File No.: 27-CV-21-12267
JUDGE KRISTIN A. SIEGESMUND NOTICE OF MOTION AND MOTION TO RECONSIDER |
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NOTICE OF MOTION AND MOTION
To the above named PLAINTIFF-COUNTER DEFENDANT:
You are notified that on a date and time to be determined by the Court, Defendant-Counter Plaintiff, pro se, will bring on for hearing her Motion to Reconsider Order for the reasons stated in the following Motion.
Dated: ENTER DATE Respectfully submitted:
_________________La’Mont Knazze III 17778 Evener Way Eden Prairie, MN 55346 Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT-COUNTER PLAINTIFF’S MOTION FOR RECONSIDERATION
COMES NOW Defendant-Counter Plaintiff, La’Mont Knazze, III (hereinafter “Knazze”), pro se, pursuant to Minn. Gen. R. Prac. 115.11, and in support thereof would most respectfully show unto the Court the following, to-wit:
FACTUAL BACKGROUND
On October 11, 2021 PLAINTIFF-COUNTER DEFENDANT/JUDGEMENT CREDITOR (hereinafter “Biersdorf” or “PLAINTIFF-COUNTER DEFENDANT”) filed the present complaint for renewal of judgment and attorney fees.
Knazze responded by filing his answer with counterclaims for breach of fiduciary duty,
legal malpractice, tortious interference with prospective contractual relations, defamation and negligence.
On November 9, 2021 Knazze filed the answer to counterclaims. In its answer Biersdorf did not assert a defense regarding the expert-affidavit requirements.
On December 23, 2021 PLAINTIFF-COUNTER DEFENDANT sent a notice requesting an affidavit pursuant to Minn.Stat. § 544.42.
Knazze then filed a Motion to waive the expert affidavit requirement. In the Motion, Knazze argued that a good cause existed for not requiring certification. For instance, the conduct complained of could be evaluated adequately by a jury in the absence of expert testimony. It was also not possible for Knazze to find an expert within the tight schedule. Further, Knazze has not been able to find another attorney to give the expert evidence, on time. Lastly, Knazze argued that there was a need to conclude the discovery process, which will reveal all communication between Knazze’s former attorney and Biersdorf. Knazze also asserted that excusable neglect existed in the matter such that if the court does not waive the requirement for expert affidavit, the Court should extend the deadline.
On February 23, 2022, this Court entered an order on Knazze’s Motion and Biersdorf Motion to compel compliance with a third party subpoena. In the said Order, the Court denied Knazze’s Motion. The Court further Ordered that Knazze must file an expert affidavit within sixty days from the date of issue of the Order.
ARGUMENT
Defendant-Counter Plaintiff would show that the Court erred in denying Knazze’s Motion for a waiver of the expert-affidavit requirement.
Attorney Cal Loken is not a licensed attorney
According to Minn. Stat. § 544.42(3)(c), the certification of expert review may be waived or modified if an expert is unavailable at reasonable cost, after a good faith effort.
In the instant action, the Defendant- Counter Plaintiff avers that he has made several attempts to obtain an expert at reasonable cost, to no avail. Further, it came to Defendant- Counter Plaintiff’s knowledge that the lead Attorney’s, Cal Loken, is not a licensed attorney at all, and is therefore not competent to make the expert disclosure.
WHEREFORE, PREMISES CONSIDERED, Defendant-Counter Plaintiff prays that this Court reconsiders its Order entered February 23, 2022. Defendant-Counter Plaintiff also requests this Court to issue any other Order it deems just.
Dated: ENTER DATE Respectfully submitted:
_________________La’Mont Knazze III 17778 Evener Way Eden Prairie, MN 55346 Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
CERTIFICATE OF SERVICE
I, La’Mont Knazze, III, do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to Biersdorf & Associates, P.A at the following address;
Biersdorf & Associates, P.A.
Ryan R. Simatic
Attorney #392462
150 S 5th St, Suite 3100
Minneapolis, MN 55402
Tel. (612) 339-7242
Email: info@condemnation-law.com
Dated: ENTER DATE
_________________La’Mont Knazze III 17778 Evener Way Eden Prairie, MN 55346 Tel. (952) 544-6417
Email: djrsettlesit@yahoo.com
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