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Monday, December 16, 2019

State Farm Vs. Its Clients

                                                          (Judge Jerome Abrams)

The case of David Rucki suing several people including Dede Evavold continues to go haywire.

When last we left off, Judge Jerome Abrams told all parties to settle their differences in a month or let the court know what issues still remain. His order is below.
That was on October 31, 2019, and Judge Abrams gave all parties thirty days to settle their differences or provide him with any outstanding issues to resolve.

Unsurprisingly, the parties did not settle their differences by the due date.

This action is borne of a lawsuit filed by David Rucki for defamation and other things against Dede Evavold and other parties.

Evavold is a homeowner and State Farm handles her homeowner's insurance company.

In a moment of naivete, Evavold thought her insurance company might even insure her when this lawsuit came about and asked for help.

Not only did State Farm- using the law firm of HKM Law Group- refuse to provide representation but their law firm even went so far as to demand that Evavold and her husband, Darren, be deposed in order to prove that State Farm were not required to help their homeowners. The demand for a deposition is below.
  Evavold and her husband refused to show up repeatedly to depositions and Judge Abrams appeared to pour cold water on the idea when he issued his October 31 ruling without addressing State Farm's demands.

You see David Rucki has:  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.
However, don't tell anyone in Minnesota- not the police, the courts, or the media- because to them he is a swell guy. 
It appears that State Farm sees David Rucki the same way; as such, they refuse to defend Evavold, who they say acted maliciously and deserves everything she gets. 
To sum up, on April 19, 2013, two Rucki children- Samantha and Gianna- were told they were going to live with their aunt on their father's side and this was a transition to living with their father, despite him sticking guns to children's heads, choking their mother, and even making sexual comments to his daughter. 
They were escorted by the local police to their home where their aunt awaited them and then about thirty minutes after the police left they left. 
They found their mother who took them to Evavold who suggested they stay with Doug and Gina Dahlen. 
Now, all four are considered criminals, felons even. 
Here is more on the swell David Rucki. This was made by Samantha while on the run. 

State Farm can see no good reason why Evavold did anything she did so they see no reason to defend their homeowner even though she has faithfully paid her homeowner's insurance just in case such a moment comes up.

So, several months ago, David Rucki sued. Here is part of a Judge Abrams judicial order.
After State Farm refused to defend its client, everything went haywire and everyone sued everyone. So, there are now suits, countersuits, and who knows what else.

This brings us back to the present. After Judge Abrams order, State Farm did list all the issues outstanding. That is below.
 Here is LeHoan Pham's, the attorney representing State Farm, affidavit in support of this memo.

Remarkably, State Farm has more issues with their client, Dede Evavold, than with their opponent David Rucki. 

State Farm still wants to depose the Evavold's, State Farm still doesn't want to represent their clients, "State Farm seeks the opportunity to establish that Ms.Evavold has disavowed coverage under the PLUP."

State Farm also says they should not pay David Rucki anything. 

Remarkably, it appears that David Rucki has given up on the case. 

Buried in the footnote of State Farm's attorney's filing is this nugget, "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. 

In any case, the suit is supposed to go to trial at the beginning of February. 

State Farm through their attorneys are asking to push the trial back to May. 

Nothing is resolved. 

I reached out to Elliott, Judge Abrams, and the four Minnesota court public affairs officers- Lissa Finne, Kyle Christopherson, Alyssa Siems Roberson, and Beau Berentson- but none responded to me. 

The folks at HKM Law Group have blocked my email address. 

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