On May 22, 2024 a
Summons
was filed
involving a dispute between
Progressive Preferred Insurance Company,
and
Floyd, Markques,
for Personal Injury
in the District Court of Hennepin County.
Preview
27-CV-24-8529
Filed in District Court
State of Minnesota
5/22/2024 10:01 AM
State of Minnesota District Court
County Judicial District: FOURTH
HENNEPIN Court File Number:
Case Type:
Progressive Preferred Insurance Company
Plaintiff
vs Civil Summons
Markques Floyd
Defendant
This Summons is directed to Markques Floyd.
l. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is
attached to this Summons. Do not throw these papers away. They are official papers that start a
lawsuit and affect your legal rights, even if nothing has been filed with the court and even if
there is no court file number on this Summons.
2. You must BOTH reply, in writing, AND get a copy of your reply to the
person/business who is suing you within 21 days t0 protect your rights. Your reply is called
an Answer. Getting your reply to the Plaintiff is called service.You must serve a
copy of your
Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the
Summons and Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch
website at www.mncourts.gov/forms under the "Civil" category. The instructions will explain in
detail how to fill out the Answer form.
3. You must respond to each claim. The Answer is your written response to the Plaintiffs
Complaint. In your Answer you must state whether you agree or disagree with each paragraph of
the Complaint. If you think the Plaintiff should not be given everything they asked for in the
Complaint, you must say that in your Answer.
4. SERVICE: You may lose your case if you do not send a written response to the
Plaintiff. lf you do not serve a written Answer within 21 days, you may lose this case by default.
You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be
awarded everything they asked for in their Complaint. If you agree with the claims stated in the
l
27-CV-24-8529
Filed in District Court
State of Minnesota
5/22/2024 10:01 AM
Complaint, you don't need to respond. A default judgment can than be entered against you for
What thePlaintiff asked for in the Complaint.
To protect your rights, you must serve a copy of your Answer on the person who signed
this Summons in person or by mail at this address:
VanDerHeyden Law Office, P.A.
302 Elton Hills Drive NW, Suite 300
PO Box 6535
Rochester, MN 55903-6535
5. Carefully read the Instructions (CIV301) for the Answer for your next steps.
6. Legal Assistance. You may Wish to get legal help from an attorney. If you do not have
an attorney and would like legal help:
o Visit www.mncourts.gov/selfl1elp and click on the "Legal Advice Clinics" tab to get
more information about legal clinics in each Minnesota county.
o Court Administration may have information about places where you can get legal
assistance.
NOTE: Even if you cannot get legal help, you must still serve a written Answer t0 protect
your rights 0r you may lose the case.
7. Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to
participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still
serve your written Answer, even if you expect to use ADR.
Dated: October l2, 2023 VANDERHEYDEN LAW OFFICE, P.A.
BY:
Dav' W. VanDerHeyden (122622)
Ni olas M. Rotar (0396880)
Attorneys for Plaintiff
302 Elton Hills Drive NW, Suite 300
Post Office Box 6535
Rochester MN 559036535
(507) 281-2315
2
27-CV-24-8529
Filed in District Court
State of Minnesota
5/22/2024 10:01 AM
State of Minnesota District Court
County
HENNEPIN Judicial District: FOURTH
Court File Number:
Case Type:
Progressive Preferred Insurance Company
Plaintiff
vs
Complaint
Markques Floyd
Defendant
Plaintiff for its Complaint against Defendant states and alleges as follows:
l. That Plaintiff", Progressive Preferred Insurance Company is an insurance
company
duly licensed to do business in the State of Minnesota.
2. That at all times materials herein, Markques Floyd was the driver of a 2003
Infiniti G35.
3. Prior to May 21, 2021, Progressive Preferred Insurance Company had duly issued
its policy of insurance to Samantha Lindgren thereby insuring its insured Samantha
Lindgren and
Tenzin Phouthavong against loss, damage, or destruction to her property and for other loss
described therein.
4. Due to the negligence, carelessness and unlawful driving conduct of defendant,
Markques Floyd, Sonam Phouthavong sustained bodily injuries.
5. Under the terms of its policy, Progressive Preferred Insurance Company was
called upon to pay the amount of Fifty Thousand and 00/100 Dollars ($50,000.00).
6. Plaintiff is both legally and equitably subrogated to the rights of its insured.
27-CV-24-8529
Filed in District Court
State of Minnesota
5/22/2024 10:01 AM
WHEREFORE, Plaintiff prays the Court for relief as follows:
l. That the Court award money judgment in favor of Plaintiff and
against Defendant
in the amount of Fifty Thousand and 00/100 Dollars
($50,000.00).
2. That the Court award Plaintiff its costs and disbursements incurred herein.
3. That the Court grant such other and further relief as may be deemed
just and
equitable.
Dated: October 12, 2023 VANDERHEYDEN LAW OFFICE, P.A.
BY
Davi W. VanDerHeyden (122622)
Ni olas M. Rotar (0396880)
Attorneys for Plaintiff
302 Elton Hills Drive NW, Suite 300
Post Office Box 6535
Rochester MN 559036535
(507) 281-2315
ACKNOWLEDGMENT
The parties acknowledge that costs, disbursements, and reasonable
attorney and witness
fees may be awarded to the opposing party or parties pursuant to Minnesota Statute Section
549.211, Subdivision 3.
Dated: October 12, 2023 VANDERHEYDEN LAW OFFICE, P.A.
BY:
Da W. VanDerHeyden (122622)
1d
cholas M. Rotar (0396880)
Attorneys for Plaintiff
302 Elton Hills Drive NW, Suite 300
Post Office Box 6535
RochesterMN 55903-6535
(507) 281-2315
Document Filed Date
May 22, 2024
Case Filing Date
May 22, 2024
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27-CV-24-8529 Filed in District Court State of Minnesota 5/22/2024 10:01 AM State of Minnesota District Court County Judicial District: FOURTH HENNEPIN Court File Number: Case Type: Progressive Preferred Insurance Company Plaintiff vs Civil Summons Markques Floyd Defendant This Summons is directed to Markques Floyd. l. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons. Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons. 2. You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days t0 protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service.You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint. ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.gov/forms under the "Civil" category. The instructions will explain in detail how to fill out the Answer form. 3. You must respond to each claim. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you think the Plaintiff should not be given everything they asked for in the Complaint, you must say that in your Answer. 4. SERVICE: You may lose your case if you do not send a written response to the Plaintiff. lf you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in their Complaint. If you agree with the claims stated in the l 27-CV-24-8529 Filed in District Court State of Minnesota 5/22/2024 10:01 AM Complaint, you don't need to respond. A default judgment can than be entered against you for What thePlaintiff asked for in the Complaint. To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address: VanDerHeyden Law Office, P.A. 302 Elton Hills Drive NW, Suite 300 PO Box 6535 Rochester, MN 55903-6535 5. Carefully read the Instructions (CIV301) for the Answer for your next steps. 6. Legal Assistance. You may Wish to get legal help from an attorney. If you do not have an attorney and would like legal help: o Visit www.mncourts.gov/selfl1elp and click on the "Legal Advice Clinics" tab to get more information about legal clinics in each Minnesota county. o Court Administration may have information about places where you can get legal assistance. NOTE: Even if you cannot get legal help, you must still serve a written Answer t0 protect your rights 0r you may lose the case. 7. Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR. Dated: October l2, 2023 VANDERHEYDEN LAW OFFICE, P.A. BY: Dav' W. VanDerHeyden (122622) Ni olas M. Rotar (0396880) Attorneys for Plaintiff 302 Elton Hills Drive NW, Suite 300 Post Office Box 6535 Rochester MN 559036535 (507) 281-2315 2 27-CV-24-8529 Filed in District Court State of Minnesota 5/22/2024 10:01 AM State of Minnesota District Court County HENNEPIN Judicial District: FOURTH Court File Number: Case Type: Progressive Preferred Insurance Company Plaintiff vs Complaint Markques Floyd Defendant Plaintiff for its Complaint against Defendant states and alleges as follows: l. That Plaintiff", Progressive Preferred Insurance Company is an insurance company duly licensed to do business in the State of Minnesota. 2. That at all times materials herein, Markques Floyd was the driver of a 2003 Infiniti G35. 3. Prior to May 21, 2021, Progressive Preferred Insurance Company had duly issued its policy of insurance to Samantha Lindgren thereby insuring its insured Samantha Lindgren and Tenzin Phouthavong against loss, damage, or destruction to her property and for other loss described therein. 4. Due to the negligence, carelessness and unlawful driving conduct of defendant, Markques Floyd, Sonam Phouthavong sustained bodily injuries. 5. Under the terms of its policy, Progressive Preferred Insurance Company was called upon to pay the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). 6. Plaintiff is both legally and equitably subrogated to the rights of its insured. 27-CV-24-8529 Filed in District Court State of Minnesota 5/22/2024 10:01 AM WHEREFORE, Plaintiff prays the Court for relief as follows: l. That the Court award money judgment in favor of Plaintiff and against Defendant in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). 2. That the Court award Plaintiff its costs and disbursements incurred herein. 3. That the Court grant such other and further relief as may be deemed just and equitable. Dated: October 12, 2023 VANDERHEYDEN LAW OFFICE, P.A. BY Davi W. VanDerHeyden (122622) Ni olas M. Rotar (0396880) Attorneys for Plaintiff 302 Elton Hills Drive NW, Suite 300 Post Office Box 6535 Rochester MN 559036535 (507) 281-2315 ACKNOWLEDGMENT The parties acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statute Section 549.211, Subdivision 3. Dated: October 12, 2023 VANDERHEYDEN LAW OFFICE, P.A. BY: Da W. VanDerHeyden (122622) 1d cholas M. Rotar (0396880) Attorneys for Plaintiff 302 Elton Hills Drive NW, Suite 300 Post Office Box 6535 RochesterMN 55903-6535 (507) 281-2315