Gatten vs Hernandaz

SUMMONS
STATE OF MINNESOTA
COUNTY OF DAKOTA
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Personal Injury
Court File No.: 19HA-CV-24-3611
Joseph R. Gatten,
Plaintiff,
vs.
Jorge Hernandaz,
Yudmila Hernandaz,
and Real Estate Investore, LLC
d/b/a REI Real Estate & Property
Management,
Defendants.
THIS SUMMONS IS DIRECTED TO JORGE HERNANDAZ AND
YUDMILA HERNANDAZ:
1. You are being sued. The
Plaintiff has started a lawsuit
against you. The Amended Complaint is attached to this Summons.
Do not throw these papers away.
They are official papers that start a
lawsuit and affect your legal rights,
even if nothing has been filed with
the court and even if there is no
court file number on this Summons.
2. You must BOTH reply, in
writing, AND get a copy of your
reply to the person/business who
is suing you within 21 days to
protect your rights. Your reply is
called an Answer. Getting your reply to the Plaintiff is called service.
You must serve a copy of your Answer or Answer and Counterclaim
(Answer) within 21 days from the
date you received the Summons
and Complaint.
ANSWER: You can find the Answer form and instructions on the
MN Judicial Branch website at
www.mncourts.gov/forms
under
the “Civil” category. The instructions will explain in detail how to fill
out the Answer form.
3. You must respond to each
claim. The Answer is your written
response to the Plaintiffs Amended Complaint. In your Answer you
must state whether you agree or
disagree with each paragraph of
the Amended Complaint. If you
think the Plaintiff should not be given everything they asked for in the
Amended Complaint, you must say
that in your Answer.
4. SERVICE: You may lose your
case if you do not send a written
response to the Plaintiff. If you do
not serve a written Answer within
21 days, you may lose this case by
default.
You will not get to tell your side
of the story. If you choose not
to respond, the Plaintiff may be
awarded everything they asked
for in their Complaint. If you agree
with the claims stated in the Complaint, you don’t need to respond.
A default judgment can than be
entered against you for what the
Plaintiff asked for in the Amended
Complaint.
To protect your rights, you must
serve a copy of your Answer on the
person who signed this Summons
in person or by mail at this address:
Meagher+ Geer, P.L.L.P. 33
South Sixth Street Suite 4300
Minneapolis, MN 55402
5. Carefully read the Instructions
(CN301) for the Answer for your
next steps.
6. Legal Assistance. You may
wish to get legal help from an attorney. If you do not have an attorney
and would like legal help:
www.mncourts.gov/
•
Visit
selfhelp and click on the “Legal
Advice Clinics” tab to get more
information about legal clinics in
each Minnesota county.
• Court Administration may have
information about places where
you can get legal assistance.
NOTE: Even if you cannot get
legal help, you must still serve a
written Answer to protect your
rights or you may lose the case.
7. Alternative Dispute Resolution (ADR). The parties may agree
to or be ordered to participate in
an ADR process under Rule 114 of
the Minnesota Rules of Practice.
You must still serve your written
Answer, even if you expect to use
ADR.
Dated: July 3, 2024
s/Timothy R. Schupp
Timothy R. Schupp (#130837)
tschupp@meagher.com
Meagher+ Geer, P.L.L.P.
33 South Sixth Street, Suite 4300
Minneapolis, MN 55402
(612) 338-0661
Attorneys for Plaintiff
Joseph Gatten
Published in the
Dakota County Tribune
September 6, 13, 20, 2024
1419095