Prison Phone Justice

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 1 of 8

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
-----------------------------------------------------------)
KENNETH E. ANDERSEN and
) CIVIL ACTION
DELL D. HOLM, on behalf of
) NO. 08-5687 (ADM/RLE)
themselves and all others
)
similarly situated,
)
)
and
)
)
WILLIAM K. BULMER, II, on
)
behalf of himself and all
)
others similarly situated,
)
)
Plaintiffs,
)
)
vs.
)
)
THE COUNTY OF BECKER,
)
MINNESOTA; TIM GORDON, in his )
capacity as Sheriff of Becker )
County; and JOSEPH H. McARTHUR,)
in his capacity as Captain in )
the Becker County Sheriff's
)
Department,
) Courtroom 3
) Monday, January 11, 2010
Defendants.
) St. Paul, Minnesota
)
-----------------------------------------------------------AUDIO DISC TRANSCRIPTION OF:
S E T T L E M E N T
BEFORE THE HONORABLE RAYMOND L. ERICKSON
CHIEF UNITED STATES MAGISTRATE JUDGE

AUDIO DISC TRANSCRIBED BY:
TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
Official Court Reporter - United States District Court
1005 United States Courthouse - 300 South Fourth Street
Minneapolis, Minnesota 55415
612.664.5108

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 2 of 8

A P P E A R A N C E S:

For the Plaintiffs:

SPRENGER & LANG, PLLC
By: BRYCE M. MILLER, ESQUIRE
1400 Eye Street, N.W. - Suite 500
Washington, D.C. 20005

For the Defendants:

IVERSON REUVERS, LLC
By: JON K. IVERSON, ESQUIRE
SUSAN M. TINDAL, ESQUIRE
9321 Ensign Avenue South
Bloomington, Minnesota 55438

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CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 3 of 8

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(2:50 p.m.)

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P R O C E E D I N G S

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IN OPEN COURT

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THE COURT:

The Court has before it this afternoon

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the matter of Kenneth E. Andersen, Dell D. Holm, on behalf of

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themselves and all others similarly situated, and William K.

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Bulmer, II, on behalf of himself and all others similarly

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situated, versus the County of Becker, Minnesota; Tim Gordon,

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in his capacity as Sheriff of Becker County; and Joseph H.

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McArthur, in his capacity as Captain in the Becker County

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Sheriff's Department.

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It bears Civil File Number 08-5687.

Specifically, the parties advised they reached an

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amicable resolution of their dispute and are desirous of

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putting it on the record.

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Would counsel note their appearances, please.
start with counsel for the plaintiffs.

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MR. MILLER:

Bryce Miller from Sprenger & Lang for

the plaintiffs.

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THE COURT:

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MR. IVERSON:

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We'll

On behalf of the defendants?
John Iverson and Susan Tindal on

behalf of the defendants.

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THE COURT:

Okay.

I'd ask the attorneys, one or the

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other, to recite the essential terms of the settlement on the

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record, recognizing that it will be reduced to paper at some

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point.

I'd ask that everybody else listen in closely so if

TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 4 of 8

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they don't understand something they can ask a question of

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their respective attorneys.

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Following those recitations, if everybody is

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satisfied that's the agreement in principle, then as is

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usually the case, the plaintiffs' counsel will be making a

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record with his clients.

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MR. IVERSON:

Thank you, your Honor.

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The defendants have agreed to resolve all claims in

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the captioned matter for the total sum of $104,000, which will

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be inclusive of all costs and attorneys' fees incurred in this

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matter.

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counsel's trust account subject to disbursement after all

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appropriate releases are received.

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It will be paid in a settlement check to Plaintiffs'

We will need the Social Security numbers and tax ID
numbers of the respective parties to issue the check.

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The check will be coming from the Minnesota Counties

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Insurance -- or Intergovernmental Trust on behalf of Becker

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County.

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It is inclusive of all of the claims asserted in the

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lawsuit in this matter.

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addition to the wiretap claims that have been remaining from

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the summary judgment motion, but it also includes an agreement

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that all of the claims initially disposed of are dismissed.

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It is a resolution of all claims in

I did mention it includes all attorneys' fees under
the wiretap statute, as well as 42 U.S.C., Section 1988,

TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 5 of 8

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Minnesota Statute 549.21, I believe, and it is a dismissal of

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all claims.

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Counsel and I have discussed an appropriate release

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will be prepared.

Obviously, it's going to be an admission

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without liability, and it's -- and I think that's it.

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THE COURT:

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MR. MILLER:

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Mr. Miller.
You want me to put the plaintiffs on

the record as agreeing to this, I assume.
THE COURT:

Yeah, if you want to come up to the

speakerphone.

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MR. MILLER:

Mr. Andersen?

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MR. ANDERSEN:

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MR. MILLER:

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articulated by defense counsel?

Yes.

Did you hear the agreement as it was

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MR. ANDERSEN:

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MR. MILLER:

I couldn't hear a word he said.

Okay.

The essential terms of the

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agreement are that we are going to have a full and final

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release of all the claims that are brought in the complaint,

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both those that were dismissed at summary judgment and those

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that did not, those wiretap statute claims, and that would be

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inclusive of all forms of relief, both monetary for the

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plaintiffs and also attorneys' fees and costs.

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$104,000 that we settled this case for and they'll be making

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that payment to your counsel, Sprenger & Lang, and then we'll

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be disbursing that amount out as we discussed.

And it was

TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108

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CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 6 of 8

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Do you agree to that settlement?

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MR. ANDERSEN:

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MR. MILLER:

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Yes, sir.

Mr. Holm, did you hear what I just

said?

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MR. HOLM:

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MR. MILLER:

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MR. HOLM:

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THE COURT:

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MR. MILLER:

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THE COURT:

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be fine, Mr. Bulmer.

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Yes, I did.
And do you agree to that settlement?
I do agree.

MR. BULMER:

Okay.
And then we have Mr. Bulmer.
Oh, Mr. Bulmer.

Up to the lectern would

I've heard the agreement, your Honor.

I do agree.

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THE COURT:

Okay.

The Court concludes that the

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parties have reached an amicable resolution of the dispute.

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The Court will send an e-mail to Judge Montgomery

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advising her of that fact.

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order of dismissal with prejudice, but reserve jurisdiction

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for a period of 45 days in which you folks can submit your

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closing documents.

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In all likelihood she'll issue an

Looking in from the outside, it is the Court's

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judgment that the settlement that was reached is an exercise

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of good business judgment by all concerned.

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I ask that you all travel safely to where you're
going.

We stand adjourned.

TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 7 of 8

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MR. IVERSON:

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MS. TINDAL:

Thank you, your Honor.

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MR. MILLER:

Thank you, your Honor.

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MR. ANDERSEN:

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THE COURT:

Do we get

Ordinarily we don't make -- we have a

MR. ANDERSEN:

And can I get a recording of -- how

do I go about just getting a recording of it?

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I have one question.

recording of it, but we don't make a transcript of it.

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Thank you, your Honor.

copies of what happened here today?

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THE COURT:

You'll have to talk to my calendar

clerk.

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MR. IVERSON:

We will be issuing a release document

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for signature and I've advised Counsel that the settlement

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check will be forthcoming, within two weeks at the latest from

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the date that we get the signed release documents, which will

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recite the terms of this settlement agreement.

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MR. MILLER:

Kenny, we'll be sending a release to

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you that will have everything we just talked about in it,

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okay?

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MR. ANDERSEN:

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MR. MILLER:

All right.

And so after you receive that, if you

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feel like there's something else you need, we can talk about

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how you might go about getting that information.

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MR. ANDERSEN:

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MR. MILLER:

All right.

Great.

TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108

CASE 0:08-cv-05687-ADM-RLE Document 82 Filed 05/04/10 Page 8 of 8

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THE COURT:

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MR. ANDERSEN:

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THE COURT:

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Have a good one, guys.
So we're done with this conversation?

We're done.

(Proceedings concluded at 3:00 p.m.)

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I, TIMOTHY J. WILLETTE, Official Court Reporter

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for the United States District Court, do hereby

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certify that the foregoing pages are a true and

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accurate transcription of an audio disc of

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proceedings taken in the aforementioned matter,

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to the best of my skill and ability.

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/s/ Timothy J. Willette

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TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
Official Court Reporter - U.S. District Court
1005 United States Courthouse
300 South Fourth Street
Minneapolis, Minnesota 55415-2247
612.664.5108

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TIMOTHY J. WILLETTE, RDR, CRR, CBC, CCP
(612) 664-5108