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HINSHAW <br /> & CULBERTSON LLP <br /> DEL 6 "Thi- <br /> CITY <br /> T,f,CITY OF ORONO <br /> December 15, 2004 <br /> ATTORNEYS AT LAW <br /> 222 South Ninth Street <br /> Michael Gaffron <br /> Planning Director Suite 3100 <br /> Minneapolis, MN 55402-3336 <br /> City of Orono <br /> City Hall 612-333-3434 <br /> P.O. Box 66 612-334-8888(fax) <br /> Crystal Bay, MN 55323-0510 www.hinshawlaw.com <br /> Re: City of Orono v. Elaine Pagonis <br /> Court File No. MC 04-14830 <br /> Our File No. 754868 <br /> Dear Mike: <br /> On Monday, December 13, I appeared on behalf of the City of Orono before the <br /> Honorable Judge Harry Crump for a court-ordered Rule 16 conference. Defendant Elaine <br /> Pagonis failed to make any appearance. After delaying the hearing for a significant period of <br /> time waiting for Ms. Pagonis to arrive, the judge asked that I provide him with Ms. Pagonis's <br /> telephone number. The judge then proceeded to call Ms. Pagonis and left a very terse message <br /> on her answering machine concerning her failure to appear in court. <br /> The judge informed me that he would be issuing an Order on December 13, compelling <br /> Ms. Pagonis to cease and desist from mooring, docking or storage of any watercraft not <br /> registered in her name. The judge then indicated that he would be willing to grant sanctions <br /> based upon Ms. Pagonis's failure to appear. I informed him that it took approximately two hours <br /> of my time to prepare for and attend the Rule 16 conference and that we had incurred a $240 <br /> filing fee to commence this action. Therefore, I expect the Judge in addition to granting us <br /> default judgement will also assess sanctions in the amount of$480 against Ms. Pagonis. <br /> While Ms. Pagonis can move to cure default judgment in this action, she will have to first <br /> pay any sanctions imposed by the Court and comply with the Minnesota Rules of Civil <br /> Procedure. Unless and until Ms. Pagonis takes such actions, it appears that we have now <br /> achieved our desired result in this case. I will forward you a copy of the Court's Order upon <br /> receipt. Please feel free to contact me should you have any questions. <br /> Very truly yours, <br /> Mark T. Berhow <br /> Direct 612-334-2604 <br /> mberhow@hinshawlaw.com <br /> MTB/blr <br /> Arizona California Florida Illinois Indiana Minnesota Missouri New York Oregon Wisconsin 121105093v1 754868 <br />