STATE OF MINNESOTA DISTRICT COURT

COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT

Type of Case: Civil Other/Misc.

State Farm Fire & Casualty Company,
Plaintiff,
v.
David V. Rucki; Samantha Rucki;
Gianna Rucki; Sandra Sue Grazzini-
Rucki; Deirdre Elise Evavold; Destiny
Equine Intervention d/b/a White Horse
Ranch, a Minnesota Nonprofit
Corporation; Gina Schmit Dahlen;
Douglas Dahlen; Destiny Church;
Steve Quernemoen and Trish
Quernemoen,
Defendants.
Court File No. 19-HA-CV-18-905
The Honorable Jerome B. Abrams
STATE FARM FIRE AND
CASUALTY COMPANY’S
AMENDED NOTICE OF MOTION
AND AMENDED MOTION TO
COMPEL THE DEPOSITION OF
DEFENDANT DEIRDRE ELISE
EVAVOLD, ISSUANCE OF A
DIRECTIVE TO DARIN
EVAVOLD, AND MOTION TO
MODIFY THE SCHEDULING
ORDER

TO: All Defendants, above-named.

NOTICE OF MOTION

PLEASE TAKE NOTICE that State Farm Fire and Casualty

Company (“State Farm”) will bring a motion for hearing before the

Honorable Jerome B. Abrams at the Dakota County District Court, 14955

Galaxie Ave. West, Apple Valley, MN 55124, on the 18th day of

September, 2019, at 9:00 a.m., or as soon thereafter as counsel may be

heard.
 MOTION

Pursuant to Rules 26, 30 and 37 of the Minnesota Rules of Civil

Procedure, State Farm moves this Court for an order as follows:

1. Compelling Deirdre Elise Evavold to appear for the duly

noticed deposition at a date and time certain, to be set by State Farm,

before October 1, 2019.

Pursuant to the Court’s inherent power and discretion to fashion

discovery orders, State Farm moves this Court for an order as follows:

1. Issuing a directive to Darin Evavold to comply with the issued

subpoena and appear for his deposition. And that should he fail to appear

for his deposition, the Court will hold him in contempt of court.

Pursuant to the Rule 37.04, State Farm moves this Court as follows:

1. Ordering that Mrs. Evavold pay State Farm’s incurred

reasonable expenses and attorney’s fees in bringing this pending motion.

Pursuant to Rule 16.02 of the Minnesota Rules of Civil Procedure,

the State Farm moves this Court for an order as follows:

1. Modifying the current Scheduling Order.

This motion is based upon the supporting memorandum of law,

arguments of counsel, the affidavits and exhibits submitted therewith, and

submissions already on file with the Court.

2
Dated: September 4, 2019 HKM, P.A.

s/ Lehoan T. Pham
C. Todd Koebele, #1728X
Lehoan T. Pham, #0397635
30 East Seventh Street, Suite 3200
St. Paul, MN 55101-4919
Telephone: (651) 227-9411
Fax: (651) 223-5199
tkoebele@hkmlawgroup.com
lpham@hkmlawgroup.com

Attorneys for Plaintiff State Farm Fire

and Casualty Company

4824-3325-5328, v. 1