(August 3, 10, 17, 2013)
STATE OF MINNESOTA
COUNTY OF BROWN
IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
Court File No.
Case Type: Declaratory Judgment
City of New Ulm, Minnesota, a municipal corporation,
Randy R. Danielson;
SEK Financial, LLC, a Minnesota limited liability company;
New Ulm Retail and Development, LLC,
a Nevada limited liability company;
now known as, and/or, also known as Healing From Bethesda, LLC, a Nevada limited liability company;
Clifford Strand, a/k/a Cliff Strand;
Michael Strand, a/k/a Mike Strand;
Wilshire Finance Income Fund II, LLC,
a California limited liability company;
Wilshire Finance Partners, Inc., a California corporation;
Loss Mitigation Enterprises, LLC;
Lance Warner; Kevin DeMeritt; Thomas OByron;
Thomas H. Evans and Erma M. Evans;
Ralph Bowers and Nancy Bowers;
Mark Isaac; Douglas C. Cogan;
harp-zweig capital, LLC, a California limited liability company;
THEME Family Limited Partnership;
Vetco Inc., a Nevada corporation;
Upper Midwest Management Company, as receiver;
and other persons or entities claiming an interest in the subject matter of this litigation,
THIS SUMMONS IS DIRECTED TO: All defendants above named.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called and Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: P.O. Box 214, New Ulm, MN 56073
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint.
5. LEGAL ASSISTANT. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Brown County, State of Minnesota, legally described as follows:
Lots 8-12, Block 67 North of Center Street, City of New Ulm, Brown County, Minnesota.
The objects of this action are to seek the declaratory judgment of the Brown County District Court that, (a) no Defendant has any right, title or interest in and to such real property (b) no Defendant has any right, title or interest in and/or to any improvements located on such property, and (c) no Defendant has any right title or interest under an agreement between Retail Investment II, LLC and Plaintiff originally dated May 23, 2001.
NIERENGARTEN & HIPPERT, LTD.
By Hugh T. Nierengarten
Attorneys for Plaintiff
P.O. Box 214
New Ulm, MN 56073-0214
Attorney Registration # 79157