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Tuesday, December 24, 2019

Lisa Elliott Finally Files Against Dede Evavold

                                                        (Minnesota Judge Karen Asphaug)
It appears I have the power to puppeteer corrupt judges and lawyers to act in cases they'd like to ignore when it involves the Rucki story at least.

Last week, Lisa Elliott, who represents David Rucki, filed her response, somewhat belatedly, upon the order of Judge Jerome Abrams.

Judge Abrams had given all parties in her lawsuit against Dede Evavold and several others one month to come to an agreement or to list all the issues which still remained.

Shortly before Elliott filed, I wrote an article on the case in which I noted, "State Farm conferred with the Ruckis’ attorney to discuss a potential joint resolution. Given the Rucki’s counsel this Court asserting that there is coverage under the PLUP,there does not appear to be room for compromise between State Farm and the Rucki’s in the declaratory judgment action. ( Id . at ¶ 10, Ex. I, pg. 1).To date, there has been no response from the Ruckis’ counsel to State Farm’s emails from November 4 and 12, 2019, and December 2, 2019."
I don't think it is very professional for David Rucki and his attorney, Lisa Elliott, to initiate a lawsuit and then stop participating when things get complicated, but at least for now, that appears to be Ms. Elliott's tact. 
The article was written on December 16, 2019; and Elliott had not yet filed her response to this judicial order.
The very next day she did.

I didn't believe the timing was coincidental, stating in part in a follow up email to her (Elliott), "The next day you file something. Is this a coincidence?"

Elliott did not respond. 

Her response also has some interesting tidbits like that Sandra Grazzini-Rucki, technically also a defendant in this lawsuit has never been served, "The Rucki’s have settled with several of the Defendants but have not be able to effect service of the Summons and Complaint on Defendant Sandra Grazzini-Rucki."

Here is Judge Abram's ruling from September 2019, for more on the lawsuit.
Elliott did not note that her client, Samantha Rucki, has also not been served even though that appears to be the case. It's noteworthy that Elliott has been engaging in child support matters with Grazzini-Rucki even as this case has moved forward. 

Here is more on the child support case which only ended in September 2019

It's not clear how Elliott could serve Grazzini-Rucki in child support and fail to serve her for this lawsuit, but rules don't seem to be a problem for her and her client in court so I'm sure that Judge Abrams will overlook this oversight. 

What is even more interesting is this not the first time that an article- or in one case an email- by me has caused sudden movements in court by players associated with the Rucki case. 

In late November 2019, I wrote about how Judge Karen Asphaug had popped up on another Dede Evavold matter. 

Evavold is facing criminal charges for violating a harassment restraining order by sending an email to a lawyer. That HRO was implemented because she received a photo, though no one is sure what if anything she did with it.

I noted in that article that Judge Asphaug had popped up on the case. It is not the first time Asphaug has popped up in Dede Evavold's life. 

Earlier in 2019, Asphaug granted David Rucki a fifty year, or one which ends in 2069, restraining order because Evavold repeatedly wrote blog posts he did not like. 

That HRO, granted without a hearing, is below.
Extended HRO by mikekvolpe on Scribd

Remarkably, the day after I wrote said article in November 2019, Asphaug quietly removed herself from that case.
Then, there is the retired, but awfully busy, Judge Kathleen Gearin. 

On March 2, 2019, I wrote an article noting that she was not making a decision, which should have been due in the previously noted Rucki child support case. 

I noted in part,

It appears the judges handling Sandra Grazzini-Rucki’s child support are not entirely sure what to do.As I recently reported, the judge assigned to the case, Judge Phillip Kanning, is no longer assigned.Meanwhile, a motion first filed in October continues to languish three weeks after a hearing to argue it was held.
That motion awaits a decision from another judge, Kathleen Gearin.
Both Gearin and Kanning are retired judges.
March 2, 2019, was a Saturday. By Monday 4, 2019, Gearin had suddenly made her decision.

Sandra Grazzini-Rucki is homeless, jobless, and has not seen any of her children since 2013, while David Rucki is a multi-millionaire who somehow qualifies for state aid for poor folks known as Minnesota Care, but this did not stop Gearin from affirming a previous order stipulating that the homeless woman pay the multi-millionaire child support.

I discussed the whole child support affair in this interview.

 You can also find more here.

However, the most curious coincidence comes from Judge Asphaug again.

Judge Asphaug, as I noted in this article, seems to always pop up when a Rucki related matter arises.

In 2013, the family court insisted that David Rucki take care of all his children; the courts insisted this despite his history of violence and abuse:  a bar fight, a road rage incident, threatening to kill his in-law, stalking his ex-wife, choking her, and repeatedly violating protective orders.

He also chased after his daughter Samantha on her thirteenth birthday until she barricaded herself in her house. His son, Nico, told CPS that when he was eight years old his father stuck a gun to his head.
The judge, David Knutson, insisted that the five Rucki children must live with their father and ordered as much, or sort of. 
On April 19, 2013, the two oldest girls, Samantha and Gianna, were told they'd be living with their paternal aunt, Tammy, and this would eventually lead to living with their father. 
They were transported by police escort and taken to their home where their aunt awaited. About a half hour after the police left, so did the two girls, who called their mother, or at least the person she was with. Their mother took them to Evavold's who recommend they stay with Doug and Gina Dahlen, a couple living in another part of Minnesota who ran a shelter for abused children; this stayed this way until the girls were found in November 2015. 
Now, all four- Grazzini-Rucki, Evavold, and the two Dahlens- are convicted felons. 
The judge on all four cases is Karen Asphaug, one of many remarkable coincidences. 
Well, Asphaug thought Grazzini-Rucki's crimes were so significant that not only did she sentence Grazzini-Rucki to the maximum, a year and a day, but told her to serve what remained fifteen days at a time, once per year, over a period of up to six years. 
The next year an appeals court ruled this was cruel and unusual punishment and ordered Asphaug to re-sentence Grazzini-Rucki. 
That was in November 2017.
By February of 2018, Asphaug had done nothing. 
So, on February 5, 2018, I sent Asphaug, and approximately forty of her cohorts, an email. Here is part of it, "Here's something I don't understand. According to Sandra Grazzini-Rucki's docket, there was supposed to be a hearing in December to resentence Sandra Grazzini-Rucki. That was after the appeals court decided that the sentence was cruel and unusual punishment. After all, not only did so-called Judge Asphaug sentence Ms. Grazzini-Rucki to the maximum even though she had no criminal record but made her serve her sentence a little at a time over six years. But now that this has been ruled unconstitutional, the judge has done nothing. She's on vacation until February 20 and since cancelling the hearing she has not scheduled a new hearing. Did you know that so-called Judge Asphaug called this the worst crime she's witnessed from the bench. That's how over the top she was when she sentenced Ms. Grazzini-Rucki. So, if it is so bad, why has she failed to resentence her and have her complete her sentence? That appears to be incompetence on a grand scale, the sort which gets judges removed from benches. So, why aren't any other journalists covering it?"
I even attached the docket for the case at the time. That's below and it, at that point, had no movement since December 2017.
Two days later, February 7, 2018, the docket was updated for a hearing to re-sentence Grazzini-Rucki, even though Judge Asphaug was on vacation. The updated docket is below.
I'm happy to play my part in moving cases along though it would be easier for everyone, except David Rucki, if they were just decided honestly.

In case anyone is wondering, Asphaug proceeded to sentence Grazzini-Rucki to the remaining time for the maximum amount. Since Grazzini-Rucki was living in Florida, she began serving her sentence in a jail there; Asphaug insisted she be moved to Minnesota, even though there was less than month left by the time this happened, so Grazzini-Rucki was transported cross country to Minnesota were she completed her sentence.

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