Beyond Commerce Inc (BYOC)

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February 7, 2023 Via E-File & E-Service
The Honorable Bridget A. Sullivan
Hennepin County Government Center
300 S. 6th Street
Minneapolis, MN 55487

Re: Green Valley Assocs. Inc. v. Service 800, Inc., Case No. 27-CV-20-13800
Dear Judge Sullivan:
Counsel for Defendant has been attempting for over a month now to confirm that the
hearing date for the parties’ cross-motions for summary judgment would be adjusted, given
scheduling conflicts, and to obtain a hearing date in mid-March (or at the Court’s soonest
availability thereafter) for the cross-motions for summary judgment. While Defendant has made
several attempts unsuccessfully by phone and email to receive a response with potential hearing
dates, Defendant learned from Plaintiff’s filings last week that Plaintiff was able to obtain a date,
yet did not timely advise Defendant of the same as Minnesota General Rule of Practice 115.02
requires. (“A party obtaining a date and time for a hearing on a motion or for any other calendar
setting, shall promptly give notice advising all other opposing counsel . . . who have appeared in
the action so that cross motions may, insofar as possible, be heard on a single hearing date.”)
Defendant’s motion for summary judgment will be closely related to Defendant’s opposition to
Plaintiff’s motion for summary judgment, making it particularly appropriate that these crossmotions be heard and considered together. Moreover, Plaintiff knew, because Defendant
included Plaintiff’s counsel on their emails to the Court’s clerk, that Defendant’s counsel had
scheduling conflicts the first week of March 2023, yet Plaintiff obtained a date during that time
period anyway.
Defendant respectfully requests that the Court’s clerk provide a hearing date between
March 15–24, 2023 for the cross-motions for summary judgment, given the Court’s preference
now for hearing motions rather than proceeding to trial as Defendant requested. Alternatively, if
there is some other mechanism or someone other than Mr. Knutson that counsel should contact
to obtain hearing dates, Defendant respectfully requests to be provided that information.
Sincerely,
/s/ Samantha J. Ellingson
Samantha J. Ellingson