ADT Security Services, Inc. v. Swenson et al
Plaintiff: ADT Security Services, Inc.
Defendant: Vicki Seliger Swenson and Timothy J. Hawkinson, Jr.
Counter Claimant: Vicki Seliger Swenson
Counter Defendant: ADT Security Services, Inc.
Case Number: 0:2007cv02983
Filed: June 21, 2007
Court: US District Court for the District of Minnesota
Office: DMN Office
County: XX US, Outside State
Presiding Judge: Franklin L. Noel
Presiding Judge: John R. Tunheim
Nature of Suit: Contract Product Liability
Cause of Action: 28:1332 Diversity-Contract Dispute
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
September 21, 2011 Opinion or Order Filing 424 ORDER NO. 1 ON MOTIONS IN LIMINE (1) Granting in part and denying in part Swensons' 355 Motion in Limine. Motion No. 1 is granted to realign the parties and to allow the Swe nsons to open and close the case. Motion No. 2 is denied in excluding all evience related to the exculpatory and limitation of liability provisions of the residential service contract. Motion No. 3 is granted to allow the use of a pan oramic digital presentation. Motion No. 4 is granted to allow the use of a scaled model of the Lee home. (2) Denying ADT's 360 Motion to Bifurcate for a Separate Trial on othe Swensons' fraudulent inducement claim (Written Opinion). Signed by Judge John R. Tunheim on September 21, 2011. (DML)
May 23, 2011 Opinion or Order Filing 340 ORDER denying ADT's 198 Motion for Summary Judgment on the Comparative Fault of the Washington County Sheriff's Office and the St. Paul Park Police Department; denying ADT's 324 request for reconsideration (Written Opinion). Signed by Judge John R. Tunheim on May 23, 2011. (DML)
March 21, 2011 Opinion or Order Filing 323 MEMORANDUM OPINION AND ORDER (1) granting ADT's 277 Motion to Strike Defendants/Counterclaimants' Expert Anthony R. Caspers, but Caspers is permitted to offer lay testimony. (2)denying d efendants/counterclaimants' 291 Motion to Exclude the Testimony of Plaintiff/Counterclaim Defendants' Expert Witnesses, but Lewinski may not testify regarding the Concealed Carry course and the Court will require an evidentiary if ADT seeks to offer testimony regarding Lewinski's re-enactment. (3) granting defendants/counterclaimants' 306 Motion to Strike ADT Expert David Zakrewski, but Zakrewski is permitted to offer lay testimony. (4) denying ADT's 192 Motion to Exclude the Testimony of Defendants/Counterclaimants' Experts Jeffrey Zwirn, Joseph Olson, and Michael Bayless, but the Court shall not permit Zwirn to testify regarding Hawkinson's ability to defend h imself. (5) ADT's 198 Motion for Summary Judgment on the Comparative Fault of the Washington County Sheriff's Office and the St. Paul Park Police Department is denied as to the Washington County Sheriff's office. The motion is denied without prejudice to re-file the motion within fourteen days of the date of this Order as to the St. Paul Park Police Department. (6) granting in part and denying in part ADT's 206 Consolidated Motion for Summary Judgment. Motion is granted as to the Estate's Counts 2, 3, 6, 15, and 19 and the Trustee and children's Counts 9 and 13. The motion is denied in all other rspects. (7) denying counterclaimants' 211 Motion for Partial Summary Judgment (Written Opinion). Signed by Judge John R. Tunheim on March 21, 2011. (DML)
July 26, 2010 Opinion or Order Filing 285 ORDER granting in part and denying in part ADT Security Services, Inc.'s objections 174 ORDER RE: APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge and and affirms in part and REVERSES in part the 168 Order of the Magistrate Judge. 1) With respect to Documents 79, 83, 84, 86, 88, 89, 105, 106, and 111, the Order of the Magistrate Judge is REVERSED; and (2) In all other respects, the Order of the Magistrate Judge is affirmed. (3) ADT is to produce Documents 71, 90-104, 107, and 109 on or before August 6, 2010. (4) ADT Security Services, Inc.'s 177 Request for Oral Argument is denied as moot . Signed by Judge John R. Tunheim on July 26, 2010. (DML) WRITTEN OPINION (TSS).
March 17, 2010 Opinion or Order Filing 190 ORDER GRANTING 187 Motion to Increase Word Limit. (Written Opinion). Signed by Judge John R. Tunheim on March 16, 2010. (HAM)
January 15, 2010 Opinion or Order Filing 168 ORDER granting 146 Motion for Leave to File; granting in part, denying in part, and moot in part 152 Motion for Discovery (Written Opinion). Signed by Magistrate Judge Arthur J. Boylan on 1/15/10. (kt)
September 28, 2009 Opinion or Order Filing 139 MEMORANDUM OPINION AND ORDER granting in part and denying in part ADT's 58 Amended Motion for Judgment on the Pleadings of Certain Claims; (1) Motion is granted as to the estate and trustee's requests for injunctive relie f. Those requests are dismissed. (2) Motion is denied as to the estate's efforts to recover the purchase price and monitoring fees paid to ADT by Lee. (3) Motion is denied to the extent that it seeks dismissa l of defendants' claims under Minnesota's Private Attorney General statute. (4) Motion is granted as to the trustee's claim for negligence per se. That claim is DISMISSED without prejudice. Any amendment to t his claim must be filed within twenty days of the date of this Order. (5) Motion is denied to the extent that it seeks dismissal of the claims brought by Lee's children. ORDER denying 62 Motion for Summary Judgment on the Comparative Fault of Steve Van Keuren (Written Opinion). Signed by Judge John R. Tunheim on September 28, 2009. (DML)
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Defendant: Vicki Seliger Swenson
Represented By: Lori L Barton
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Defendant: Timothy J. Hawkinson, Jr.
Represented By: Alf E Sivertson
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Plaintiff: ADT Security Services, Inc.
Represented By: Matthew P Reinsmoen
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Counter claimant: Vicki Seliger Swenson
Represented By: Lori L Barton
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Counter defendant: ADT Security Services, Inc.
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