Case: Valimont v. Minnesota

0:17-cv-03655 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 9, 2017

Closed Date: July 16, 2018

Clearinghouse coding complete

Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s representation of a person who is deaf and who requested an interpreter so that he could participate on a grand jury.  After he made the request for the interpreter, the court involuntary excused him from jury service.   On August 9, 2017, the Minnesota Disability Law Center, Minnesota’s P&A, filed this lawsuit on behalf of the plaintiff in the U.S. District Court for Minnesota. MDLC claimed the State, the Judicial Branch, the Judici…

This is a case about a Protection and Advocacy (P&A) agency’s representation of a person who is deaf and who requested an interpreter so that he could participate on a grand jury.  After he made the request for the interpreter, the court involuntary excused him from jury service.  

On August 9, 2017, the Minnesota Disability Law Center, Minnesota’s P&A, filed this lawsuit on behalf of the plaintiff in the U.S. District Court for Minnesota. MDLC claimed the State, the Judicial Branch, the Judicial Council, the State Court Administrator, and the Third Judicial District violated  Athletic Association violated the ADA, Section 504 and the state’s human rights act when it deprived the plaintiff of the ability to participate in grand jury proceedings by dismissing him from those proceedings.  The case was assigned to Judge Michael J. Davis and referred to Magistrate Judge Katherine M. Menendez. 

The plaintiff was summoned for grand jury duty and the plaintiff, who is deaf, requested an interpreter so that he could participate in grand jury proceedings.  The state court did not respond to the interpreter request but dismissed the plaintiff from grand jury participation.  The plaintiff wanted to participate in the grand jury proceeding and filed the lawsuit for him to be able to participate.  

The state defendants filed a motion to dismiss on October 2, 2017. On March 6, 2018, the court denied the Defendants’ motion to dismiss in part and allowed the ADA and Section 504 claims to proceed.  The court granted the defendants’ motion to dismiss the state law claims based on sovereign immunity grounds.  The court also dismissed only the plaintiff’s injunctive relief requests under the ADA and 504.  

The parties settled and the state defendants stipulated to the dismissal of the case on July 16, 2018 and the court dismissed the case on the same day. The terms of the settlement are unknown to the Clearinghouse at this time. 

The case is now closed.

Summary Authors

NDRN (6/12/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7446488/parties/valimont-v-state-of-minnesota/


Judge(s)

Davis, Michael James (Minnesota)

Attorney for Plaintiff

Macpherson, Roderick J (Minnesota)

Attorney for Defendant

Kimble, Janine Wetzel (Minnesota)

Landrum, Kathryn Iverson (Minnesota)

Documents in the Clearinghouse

Documents in this case
27

0:17-cv-03655

Amended Complaint Jury Trial Demanded

Jan. 9, 2018

Jan. 9, 2018

Complaint
36

0:17-cv-03655

Memorandum of Law & Order

March 6, 2018

March 6, 2018

Order/Opinion
44

0:17-cv-03655

Stipulation of Dismissal with Prejudice

July 16, 2018

July 16, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7446488/valimont-v-state-of-minnesota/

Last updated Sept. 28, 2026, 4:31 a.m.

Docket for: Valimont v. State of Minnesota
ECF Number Date Description Link
1 Aug. 9, 2017

COMPLAINT against All Defendants (Filing fee $400 receipt number AMNDC-5659860) filed by Mark Valimont. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A and B, # 2 Civil Cover Sheet). (Macpherson, Roderick) Modified text on 8/10/2017 (lmb). (Entered: 08/09/2017)

RECAP
2 Aug. 9, 2017

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (3rd, 4th - Civil Rights: Housing/Accomomdations, ADA Other) List and referred to Magistrate Judge Katherine M. Menendez. Please use case number 17-cv-3655 (MJD/KMM). (lmb) (Entered: 08/09/2017)

RECAP
3 Aug. 9, 2017

Summons Issued as to State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (lmb) (Entered: 08/09/2017)

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4 Aug. 28, 2017

NOTICE of Appearance by Kathryn Iverson Landrum on behalf of All Defendants. (Landrum, Kathryn) (Entered: 08/28/2017)

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5 Aug. 28, 2017

STIPULATION by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. Jointly signed by Mark Valimont. (Landrum, Kathryn) Modified text on 8/29/2017 (lmb). (Entered: 08/28/2017)

RECAP
6 Aug. 28, 2017

PROPOSED ORDER TO JUDGE re 5 Stipulation. (Landrum, Kathryn) (Entered: 08/28/2017)

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7 Aug. 29, 2017

ORDER: State Court Administrator's Office answer due 9/18/2017; Minnesota Judicial Branch answer due 9/18/2017; Minnesota Judicial Council answer due 9/18/2017; State of Minnesota answer due 9/18/2017; Third Judicial District Court Administrator's Office answer due 9/18/2017. Signed by Magistrate Judge Katherine M. Menendez on 8/29/17. (AKL) (Entered: 08/29/2017)

RECAP
8 Sept. 15, 2017

STIPULATION by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. Jointly signed by Mark Valimont. (Landrum, Kathryn) Modified text on 9/15/2017 (lmb). (Entered: 09/15/2017)

RECAP
9 Sept. 15, 2017

PROPOSED ORDER TO JUDGE re 8 Stipulation. (Landrum, Kathryn) (Entered: 09/15/2017)

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10 Sept. 18, 2017

ORDER: State Court Administrator's Office answer due 10/2/2017; Minnesota Judicial Branch answer due 10/2/2017; Minnesota Judicial Council answer due 10/2/2017; State of Minnesota answer due 10/2/2017; Third Judicial District Court Administrator's Office answer due 10/2/2017. Signed by Magistrate Judge Katherine M. Menendez on 9/18/17. (AKL) (Entered: 09/18/2017)

RECAP
11 Sept. 20, 2017

NOTICE of Appearance by Janine Wetzel Kimble on behalf of State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Kimble, Janine) (Entered: 09/20/2017)

RECAP
12 Oct. 2, 2017

MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Kimble, Janine) (Entered: 10/02/2017)

RECAP
13 Oct. 2, 2017

NOTICE OF HEARING ON MOTION 12 MOTION to Dismiss/General: Motion Hearing set for 1/11/2018 09:30 AM in Courtroom 13E (MPLS) before Judge Michael J. Davis. (Kimble, Janine) Modified on 10/2/2017 (lmb). (Entered: 10/02/2017)

RECAP
14 Oct. 2, 2017

MEET and CONFER STATEMENT re 12 Motion to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office.(Kimble, Janine) (Entered: 10/02/2017)

RECAP
15 Oct. 2, 2017

MEMORANDUM in Support re 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kimble, Janine) (Entered: 10/02/2017)

RECAP
16 Oct. 2, 2017

AFFIDAVIT of Janine Kimble in SUPPORT OF 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Attachments: # 1 Exhibit(s) 1-2). (Kimble, Janine) Modified text on 10/2/2017 (lmb). (Entered: 10/02/2017)

RECAP
17 Oct. 2, 2017

Declaration of Kristine Maiers in Support of 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office.(Kimble, Janine) (Entered: 10/02/2017)

RECAP
18 Oct. 2, 2017

PROPOSED ORDER TO JUDGE re Defendants' Motion to Dismiss 12 Motion to Dismiss/General. (Kimble, Janine) (Entered: 10/02/2017)

RECAP
19 Oct. 23, 2017

MEMORANDUM in Opposition re 12 MOTION to Dismiss/General filed by Mark Valimont. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Macpherson, Roderick) (Entered: 10/23/2017)

RECAP
20 Oct. 23, 2017

AFFIDAVIT of Mark Valimont in OPPOSITION TO 12 MOTION to Dismiss/General filed by Mark Valimont. (Attachments: # 1 Exhibit(s) 1 -3). (Macpherson, Roderick) Modified text on 10/24/2017 (lmb). (Entered: 10/23/2017)

RECAP
21 Oct. 23, 2017

AFFIDAVIT of Roderick J. Macpherson III in OPPOSITION TO 12 MOTION to Dismiss/General filed by Mark Valimont. (Attachments: # 1 Exhibit(s) 1 -12). (Macpherson, Roderick) Modified text on 10/24/2017 (lmb). (Entered: 10/23/2017)

RECAP
22 Nov. 6, 2017

Reply to Response to Motion re 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Landrum, Kathryn) (Entered: 11/06/2017)

RECAP
23 Nov. 6, 2017

AFFIDAVIT of Kathryn Iverson Landrum in SUPPORT OF 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Attachments: # 1 Exhibit(s) A-C). (Landrum, Kathryn) Modified text on 11/6/2017 (lmb). (Entered: 11/06/2017)

RECAP
24 Jan. 8, 2018

STIPULATION to File Amended Complanit by Mark Valimont. Jointly Signed by State of Minnesota, Minnesota Judicial Branch, Minnesota Judicial Council, State Court Administrator's Office, Third Judicial District Court Administrator's Office. (Attachments: # 1 Exhibit(s) Amended Complaint subject of Stipulation)(Macpherson, Roderick) Modified text on 1/9/2018 (lmb). (Entered: 01/08/2018)

RECAP
25 Jan. 8, 2018

PROPOSED ORDER TO JUDGE re 24 Stipulation,. (Macpherson, Roderick) (Entered: 01/08/2018)

RECAP
26 Jan. 9, 2018

TEXT ONLY ENTRY: Oral ORDER Approving the Stipulation to File Amended Complaint. Plaintiff may file the Amended Complaint identified in the Stipulation (ECF No. 24). Signed by Magistrate Judge Katherine M. Menendez on 1/9/18. (KAT) (Entered: 01/09/2018)

RECAP
27 Jan. 9, 2018

AMENDED COMPLAINT against All Defendants. filed by Mark Valimont. No summons requested. (Attachments: # 1 Exhibit(s) A and B) (Macpherson, Roderick) (Entered: 01/09/2018)

1 Exhibit(s) A and B

View on RECAP

Clearinghouse
28 Jan. 11, 2018

Minute Entry for proceedings held before Judge Michael J. Davis: Motion Hearing held on 1/11/2018 re 12 MOTION to Dismiss/General filed by State Court Administrator's Office, Minnesota Judicial Council, Third Judicial District Court Administrator's Office, State of Minnesota, Minnesota Judicial Branch. Motion was moved, argued and taken under advisement. Order to follow. Parties shall appear before Magistrate Judge Menendez for a settlement conference. (Court Reporter Staci Heichert) (KMW) (Entered: 01/11/2018)

RECAP
29 Jan. 11, 2018

TEXT ONLY SCHEDULING ORDER: A Telephone Conference is set for 1/16/2018 at 11:00 AM before Magistrate Judge Katherine M. Menendez. Call-in instructions will be emailed to counsel. Signed by Magistrate Judge Katherine M. Menendez on 1/11/18. (KAT) Modified text on 1/12/2018 (lmb). (Entered: 01/11/2018)

RECAP
30 Jan. 16, 2018

Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Telephone Conference held on 1/16/2018. The Court and counsel made arrangements for an early settlement conference. An order will be forthcoming. (ACH) (Entered: 01/16/2018)

RECAP
31 Jan. 16, 2018

ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 2/6/2018 10:30 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. Signed by Magistrate Judge Katherine M. Menendez on 1/16/2018. (ACH) (Entered: 01/16/2018)

RECAP
32 Feb. 6, 2018

Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Settlement Conference held on 2/6/2018. No settlement reached. (lmb) (Entered: 02/07/2018)

RECAP
33 Feb. 20, 2018

VACATED Per Order 37 filed 3/8/2018. ORDER REFERRING CASE to Special Master for Mediation. Jeffrey J Keyes appointed. Signed by Judge Michael J. Davis on 2/20/2018. (KMW) Modified text/link on 3/9/2018 (lmb). (Entered: 02/20/2018)

RECAP
34 Feb. 28, 2018

OBJECTION re 33 Order Referring Case to Special Master filed by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office.(Landrum, Kathryn) (Entered: 02/28/2018)

RECAP
35 March 2, 2018

RESPONSE re 34 Objection, filed by Mark Valimont.(Macpherson, Roderick) (Entered: 03/02/2018)

RECAP
36 March 6, 2018

Defendants' Motion to Dismiss [Docket No. 12] is GRANTED IN PART and DENIED IN PART as follows: Count 1: Violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 REMAINS, with the exception that the request for injunctive relief is DISMISSED WITHOUT PREJUDICE. Count 2: Violations of the Federal Rehabilitation Act, 29 U.S.C. § 794 REMAINS, with the exception that the request for injunctive relief is DISMISSED WITHOUT PREJUDICE. Count 3: Violations of the Minnesota Human Rights Act (MHRA), Minn. Stat. § 363A.12 is DISMISSED WITHOUT PREJUDICE based on sovereign immunity. Signed by Judge Michael J. Davis on 3/6/2018. (KMW) (Entered: 03/06/2018)

Clearinghouse
37 March 8, 2018

ORDER VACATING the Order Referring Case to Special Master 33 . Judge Davis will conduct a settlement conference. Please see the order for additional details about the upcoming settlement conference. Signed by Judge Michael J. Davis on 3/8/2018. (KMW) (Entered: 03/09/2018)

RECAP
38 March 12, 2018

(Text-only) NOTICE of Setting Hearing: A Settlement Conference has been scheduled for 4/5/2018 at 2:00 PM in Chambers 13E (MPLS) before Judge Michael J. Davis. Please read the Motion to Vacate for additional filings prior to the settlement conference. (KMW) (Entered: 03/12/2018)

RECAP
39 April 5, 2018

NOTICE of Setting Hearing: Pretrial Conference set for 4/23/2018 at 11:00 AM in Courtroom 8E (MPLS) before Magistrate Judge Katherine M. Menendez. (Attachments: # 1 Consent Form)(KAT) (Entered: 04/05/2018)

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40 April 5, 2018

Minute Entry for proceedings held before Judge Michael J. Davis: Settlement Conference held on 4/5/2018. (Court Reporter Staci Heichert) (KMW) (Entered: 04/05/2018)

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41 April 18, 2018

REPORT of Rule 26(f) Planning Meeting. Filed by Mark Valimont. Jointly Signed by State of Minnesota, Minnesota Judicial Branch, Minnesota Judicial Council, State Court Administrator's Office, and Third Judicial District Court Administrator's Office.(Macpherson, Roderick) (Entered: 04/18/2018)

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42 April 23, 2018

Minute Entry for proceedings held before Magistrate Judge Katherine M. Menendez: Initial Pretrial Conference held on 4/23/2018. Scheduling Order to be issued. (KAT) (Entered: 04/24/2018)

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43 April 24, 2018

SCHEDULING ORDER: Motions (non-disp) due 11/2/2018. Motions (disp) due by 5/15/2019. Ready for trial due by 9/16/2019. Signed by Magistrate Judge Katherine M. Menendez on 4/24/2018. (KAT) (Entered: 04/24/2018)

RECAP
44 July 16, 2018

STIPULATION of Dismissal with Prejudice by State Court Administrator's Office, Minnesota Judicial Branch, Minnesota Judicial Council, State of Minnesota, Third Judicial District Court Administrator's Office. (Landrum, Kathryn) (Entered: 07/16/2018)

Clearinghouse
45 July 16, 2018

PROPOSED ORDER TO JUDGE re 44 Stipulation of Dismissal. (Landrum, Kathryn) (Entered: 07/16/2018)

RECAP
46 July 16, 2018

ORDER DISMISSING CASE. Signed by Judge Michael J. Davis on 7/16/2018. (KMW) (Entered: 07/16/2018)

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47 July 18, 2018

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMG) (Entered: 07/18/2018)

1 Civil Notice - appeal

View on PACER

RECAP

Case Details

State / Territory:

Minnesota

Case Type(s):

Disability Rights

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 9, 2017

Closing Date: July 16, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

deaf individual

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Minnesota

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Other Dockets:

District of Minnesota 0:17-cv-03655

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Hearing impairment

Recommended Citation