Electronically Served
1/9/2018 12:33 PM
Dakota County, MN

19AV-CV-17-1950

State of Minnesota

District

County of Dakota

First Judicial District

Court

Case Type: Harassment

David Rucki, Samantha Rucki and

Court

o/b/o Minor Children

Judicial

19AV-CV-17—1950
Officer: Philip T. Kanning

File #:

Petitioners,

Vs.

FINDINGS and ORDER
Dierdre Elise Evavold

Respondent

The above-entitled matter came on before the undersigned on December 13,
on the Petitioners’ request to continue the issue ofthe validity of
the Restraining Order issued: and the Respondent's renewed request that the
Restraining Order be dismissed. In addition, the Petitioners’ requested that an
emergency motion be considered by the Court directing the Respondent to remove
publication of the Petitioners' home address on her social media posting site.
2017, for a hearing

On December
emergency motion.
Petitioners'

14, 2017, the

Respondent filed an objection to Petitioners'

were represented by

Lisa M. Elliott

and the Respondent

appeared without counsel.
Based upon

makes the

all

the

files,

arguments of counsel and the

parties, the

Court

following:

FINDINGS 0F FACT
1)

motion that the hearing on the validity of the
is granted based upon a showing that additional
time is needed to secure evidence of the Respondent’s connection
and authorship of postings on the “Red Herring Alert" blog.
Petitioners’

Restraining Order

2)

That Petitioners have presented to the Court sufficient evidence
that Respondent has posted an article on her social media blog
dated December 12, 2017, which contained Petitioners' private

3)

That the posting of Petitioners' address by Respondent would
constitute a violation of the Restraining Order and could subject the
Respondent to further criminal proceedings.

home address.

FILED

FIRST

m

DISTRICT

DAKOTA COUNTY, mummisuator

JAN 0 9

2018

 19AV-CV-17-1950

That pending a final hearing on the validity of the Restraining
Order, it remains in full force and effect.
That there are pending in Dakota County criminal charges against
the Respondent for violation of the Restraining Order. A pre-trial
hearing is scheduled in mid-Ianuary. In the event that matter is not
resolved at that time, Court Administration may set it for a jury

4)

5)

trial later this

spring.

That the validity of the Restraining Order, and whether that Order
has been violated by the Respondent, will be a central issues in that

6)

action.

7)

That in the event Respondent is convicted of that offense, the issues
she has raised in the action pending before the undersigned will be

8)

In the event the

moot
Respondent is acquitted, she may continue with

this matter.

THEREFORE, IT IS ORDERED AS FOLLOWS:
motion that the matter be continued to a later date is granted.
that Respondent immediately remove from any social
motion
2)
media blog that she has authored, or has access and control over,
including, but not limited to the RED HERRING ALERT blog, the entire
article together with any attachments dated December 12, 2017, is
1)

Petitioners'

Petitioners'

granted.
3)

That further hearings on Respondent's motion shall be continued to May
16, 2018, or until such other date following final adjudication of the
pending criminal charges against Respondent arising out of the alleged
violation of the Restraining Order.

4)

That all previous Orders, not in conflict with this Order, shall remain in
full force and effect and Respondent is, once again, cautioned that further
violations of the Restraining Order, could lead to additional criminal

charges.
5)

Service of a copy of this Order shall be made upon the attorney of record
by e-service or upon unrepresented parties by first class U.S. Mail at their
last
all

known address, and shall be considered due and proper service

for

purposes.

BY THE COURT:

Dated:

//(/~62028

ge of District Court