Meyer v. Haeg, Case No. 15-cv-2564 (SRN/HB)

• Court: United States District Courts. 8th Circuit. United States District Court of Minnesota
• Writing for the Court: HILDY BOWBEER, United States Magistrate Judge
• Parties: Harley Dean Meyer, Plaintiff, v. Thomas Haeg, Hennepin County Referee, in his official capacity; Stephen C. Aldrich, Hennepin County District Judge, in his official capacity; Virginia Ekola, Attorney, in her official capacity as an officer of Hennepin County District Court; David Gronbeck, Attorney, in his official capacity as an officer of Hennepin County District Court; Marilyn Kaman, Hennepin County District Judge, in her official capacity; Sara Burmeister, Oak Creek High School Superintendent, in her official capacity; Michael Read, Oak Creek High School Principal, in his official capacity; Dean Maus, Referee, in his official capacity; Jamie L. Anderson, State of Minnesota Judge, in his or her official capacity; Colleen A. Harris-Pearson; Allan Lindsay; Diane Lindsay; J. Does 1 and 2, in their official capacities (4th Judicial District); HealthPartners; Yuma Union High School District; James T. Swenson, Hennepin County 4th Judicial District Judge; Marybeth Dorn, Hennepin County Referee; Judge Lucy A. Wieland, in her official capacity; Judge Denise D. Reilly, in her official capacity; Judge Douglas L. Richards, in his official capacity; Judge Edward Toussaint, in his official capacity; Judge Charles A. Porter, in his official capacity; Judge Kevin G. Ross, in his official capacity; Marnette Hoisve, in her official capacity; Dr. Michael Fuhrman, of HealthPartners; Dr. Sonia Mosch, of HealthPartners; Janey Nelson, of Mound Psychological Services; Jean Peterson, in her official capacity; Dr. John Prybl, of HealthPartners; J. Doe 3, in his or her official capacity (4th Judicial District-Court Administrator?); J. Does 4-8, in their official capacities (Hennepin County); J. Doe 9 and 21, in their official capacities (State of Minnesota); J. Does 10, 20, and 40, in their official capacities (HHS-Regional Office); J. Doe 11, in his or her official capacity (State Department); J. Does 12 and 13 (US Bank); J. Does 14, 15, and 16, in their official capacities (Arizona Department of Economic Security Division of Support Enforcement); J. Doe 17, in his or her official capacity (Yuma Union School District); J. Doe 18, in his or her official capacity (IRS); J. Doe 19 (Wells Fargo Bank); J. Doe 22-28 (State of Minnesota - Minnesota Supreme Court); J. Doe 31, in his or her official capacity (State auditor); J. Doe 32, in his or her official capacity (Minn. DHS auditor); J. Doe 33, in his or her official capacity (HHS auditors from regional office); J. Doe 34, in his or her official capacity (State of Minnesota - executive policy maker); J. Doe 35 (Non-Government Agency); J. Doe 36 (Unknown Company); J. Doe 38, in his or her official capacity (State of Minnesota); J. Doe 39, in his or her official capacity (Non-Government Agency); J. Doe 47, in his or her official capacity (State of Minnesota?/Hennepin County?); J. Does 53-82; and J. Does 83-91, in their official capacities, Defendants.
• Docket Number: Case No. 15-cv-2564 (SRN/HB)
• Decision Date: 27 June 2016

Harley Dean Meyer, Plaintiff,
v.
Thomas Haeg, Hennepin County Referee, in his official capacity; Stephen C. Aldrich,
Hennepin County District Judge, in his official capacity; Virginia Ekola, Attorney,
in her official capacity as an officer of Hennepin County District Court; David Gronbeck,
Attorney, in his official capacity as an officer of Hennepin County District Court;
Marilyn Kaman, Hennepin County District Judge, in her official capacity;
Sara Burmeister, Oak Creek High School Superintendent, in her official capacity;
Michael Read, Oak Creek High School Principal, in his official capacity; Dean Maus, Referee,
in his official capacity; Jamie L. Anderson, State of Minnesota Judge, in his or her official capacity;
Colleen A. Harris-Pearson; Allan Lindsay; Diane Lindsay; J. Does 1 and 2,
in their official capacities (4th Judicial District); HealthPartners; Yuma Union High School District;
James T. Swenson, Hennepin County 4th Judicial District Judge; Marybeth Dorn,
Hennepin County Referee; Judge Lucy A. Wieland, in her official capacity;
Judge Denise D. Reilly, in her official capacity; Judge Douglas L. Richards, in his official capacity;
Judge Edward Toussaint, in his official capacity; Judge Charles A. Porter, in his official capacity;
Judge Kevin G. Ross, in his official capacity; Marnette Hoisve, in her official capacity;
Dr. Michael Fuhrman, of HealthPartners; Dr. Sonia Mosch, of HealthPartners;
Janey Nelson, of Mound Psychological Services; Jean Peterson, in her official capacity;
Dr. John Prybl, of HealthPartners; J. Doe 3, in his or her official capacity
(4th Judicial District-Court Administrator?); J. Does 4-8, in their official capacities
(Hennepin County); J. Doe 9 and 21, in their official capacities (State of Minnesota);
J. Does 10, 20, and 40, in their official capacities (HHS-Regional Office); J. Doe 11,
in his or her official capacity (State Department); J. Does 12 and 13 (US Bank);
J. Does 14, 15, and 16, in their official capacities (Arizona Department
of Economic Security Division of Support Enforcement); J. Doe 17, in his or her official capacity
(Yuma Union School District); J. Doe 18, in his or her official capacity (IRS); J. Doe 19
(Wells Fargo Bank); J. Doe 22-28 (State of Minnesota - Minnesota Supreme Court);
J. Doe 31, in his or her official capacity (State auditor); J. Doe 32, in his or her official capacity
(Minn. DHS auditor); J. Doe 33, in his or her official capacity (HHS auditors from regional office);
J. Doe 34, in his or her official capacity (State of Minnesota - executive policy maker);
J. Doe 35 (Non-Government Agency); J. Doe 36 (Unknown Company); J. Doe 38,
in his or her official capacity (State of Minnesota); J. Doe 39, in his or her official capacity
(Non-Government Agency); J. Doe 47, in his or her official capacity
(State of Minnesota?/Hennepin County?); J. Does 53-82; and J. Does 83-91,
in their official capacities, Defendants.

Case No. 15-cv-2564 (SRN/HB)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

June 27, 2016

REPORT AND RECOMMENDATION

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Harley Dean Meyer, Naewna Newspaper, % Ladapa Tiwasingha, 96 Moo 3 Vibavadee Randsit Road, Laksi, Bangkok, Thailand 10210, pro se

Steven M. Phillips and Steven C. Kerbaugh, Anthony Ostlund Baer & Louwagie P.A., 3600 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402; and Ann-Marie Anderson, Wright Welker & Pauole, PLC, 10429 South 51st Street, Suite 285, Phoenix, AZ 85044; for Yuma Union High School District

Bryon G. Ascheman, Burke & Thomas, PLLP, 3900 Northwoods Drive, Suite 200, Arden Hills, MN 55112, for Colleen A. Harris-Pearson

Stacy A. Broman, Meagher & Geer, PLLP, 33 South Sixth Street, Suite 4400, Minneapolis, MN 55402; and Ronald S. Stadler, Mallery & Zimmerman, S.C., 731 North Jackson Street, Suite 900, Milwaukee WI, 53202; for Sara Burmeister and Michael Read

Jonathan P. Norrie and Amie E. Penny Sayler, Bassford Remele, 33 South Sixth Street, Suite 3800, Minneapolis, MN 55402, for U.S. Bank, N.A.

Ellen B. Silverman and Ashley M. DeMinck, Hinshaw & Culbertson LLP, 333 South Seventh Street, Suite 2000, Minneapolis, MN 55402, for Wells Fargo Bank, N.A.

David M. Wilk and Angela Beranek Brandt, Larson King, LLP, 2800 Wells Fargo Place, 30 East Seventh Street, St. Paul, MN 55101, for HealthPartners, Inc.

Erin M. Secord, Assistant United States Attorney, 600 U.S. Courthouse, 300 South Fourth Street, Minneapolis, MN 55415, for J. Does 10, 11, 18, 20, 33, and 40

Andrew Tweeten, Assistant Attorney General, 445 Minnesota Street, Suite 1100 St. Paul, MN 55101, for Referee Thomas Haeg, Judge Stephen C. Aldrich, Judge Marilyn Kaman, Referee Dean Maus, Judge Jamie L. Anderson, Referee Marybeth Dorn, Judge James T. Swenson, Judge Lucy A. Wieland, Judge Denise D. Reilly, Judge Kevin G. Ross, Judge Edward Toussaint, Jr., Judge Douglas L. Richards, Judge Charles A. Porter, Governor Mark Dayton, Minnesota Fourth Judicial District Court, and Minnesota Supreme Court

David Gronbeck, Esq., 5821 Blaisdell Ave. South, Minneapolis, MN 55419, pro se

HILDY BOWBEER, United States Magistrate Judge

This matter is before the Court on David Gronbeck's Motion to Dismiss [Doc. No. 74], Yuma Union High School District's Motion to Dismiss [Doc. No. 84], Colleen A.

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Harris-Pearson's Motion to Dismiss [Doc. No. 116], Sara Burmeister and Michael Read's Motion to Dismiss [Doc. No. 143], U.S. Bank, N.A.'s Motion to Dismiss [Doc. No. 168], Wells Fargo's Motion to Dismiss [Doc. No. 175], HealthPartners, Inc.'s Motion to Dismiss [Doc. No. 180], Federal Defendants' Motion to Dismiss [Doc. No. 184], and State Defendants' Motion to Dismiss [Doc. No. 193]. The motions to dismiss were referred to the undersigned by the Honorable Susan Richard Nelson, United States District Judge, in Orders of Referral dated October 19, 2015 [Doc. No. 83]; October 20, 2015 [Doc. No. 91]; November 10, 2015 [Doc. No. 125]; December 11, 2015 [Doc. No. 150]; and January 7, 2016 [Doc. No. 204]. Dr. John Prybl recently filed a motion to dismiss [Doc. No. 283], and that motion will be addressed in a subsequent report and recommendation.

The Defendants who have not moved to dismiss are Virginia Ekola, who filed an Answer to the First Amended Complaint ("FAC") on December 30, 2015; Allan Lindsay and Diane Lindsay, who filed an Answer on December 30, 2015; Marnette Hoisve; Dr. Michael Fuhrman; Dr. Sonia Mosch; Janey Nelson; Jean Peterson; J. Does 4-8, in their official capacities (Hennepin County); J. Doe 9 and 21, in their official capacities (State of Minnesota); J. Does 14, 15, and 16, in their official capacities (Arizona Department of Economic Security Division of Support Enforcement); J. Doe 31, in his or her official capacity (State auditor); J. Doe 32, in his or her official capacity (Minn. DHS auditor); J. Doe 34, in his or her official capacity (State of Minnesota - executive policy maker); J. Doe 35 (Non-Government Agency); J. Doe 36 (Unknown Company); J. Doe 38, in his or her official capacity (State of Minnesota); J. Doe 39, in his or her official

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capacity (Non-Government Agency); J. Doe 47, in his or her official capacity (State of Minnesota?/Hennepin County?); J. Does 53-82; and J. Does 83-91, in their official capacities.

I. Background

This action arises from a child custody dispute in 2003. Harley Dean Meyer ("Meyer") was divorced from his wife, V.M., in 2001. (First Am. Compl. ("FAC") [Doc. No. 136 ¶ 10].)¹ Meyer and V.M. had one child, J.M. (FAC ¶ 12; Sayler Decl. Ex. 1 (Meyer v. Meyer, File No. DC 269087, J. & Decree at 3 (Hennepin Cty. Dist. Ct. Oct. 2, 2001)) [Doc. No. 171-1].)² Meyer and V.M. were awarded joint legal and physical custody of J.M. (FAC ¶ 11; Sayler Decl. Ex. 1 (J. & Decree at 5).)

On July 10, 2002, V.M. filed a motion for ex parte relief in Hennepin County Family Court asking the court to prohibit Meyer from moving J.M. to Arizona or removing him from Minnesota. (Sayler Decl. Ex. 2 (Mot. at 1, Meyer v. Meyer, File No. 269087 (Hennepin Cty. Dist. Ct. July 10, 2002)) [Doc. No. 171-2].) On July 16, 2002, the Honorable James T. Swenson granted the requested relief and set a hearing date of October 14, 2002, before Referee Marybeth Dorn. (FAC ¶ 491; Sayler Decl. Ex. 3 (Meyer v. Meyer, File No. 269087, Order at 1-2 (Hennepin Cty. Dist. Ct. July 16, 2002)) [Doc. No. 171-3].) That same day, V.M. filed a notice of hearing and motion. (Sayler

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Decl. Ex. 4 (Notice & Mot., Meyer v. Meyer, File No. 269087 (Hennepin Cty. Dist. Ct. July 16, 2002)) [Doc. No. 171-4].) On July 29, 2002, Meyer's attorney, Roderick N. Hale, wrote a letter to the Honorable Stephen C. Aldrich, in which Hale stated he was enclosing a motion and an affidavit from Meyer setting forth Meyer's concerns about V.M.'s ability to parent J.M. (Sayler Decl. Ex. 5 (Hale Letter, July 29, 2002) [Doc. No. 171-5].) The letter was sent via facsimile transmission. (Id.) There is nothing in the record indicating whether the motion referenced in Hale's letter was actually filed, but the motion is referenced in a subsequent court order. (See FAC ¶¶ 23, 47.) Meyer alleges that he instructed Hale not to file a motion for a change of custody. (FAC ¶ 162.A.i.2.i.) On July 30, 2002, V.M.'s attorney, Virginia K. Ekola, wrote a letter to Judge Aldrich stating she had received a copy of Hale's letter but that there was no motion enclosed. (Sayler Decl. Ex. 6 (Ekola Letter, July 30, 2002) [Doc. No. 171-6].)

On August 13, 2002, V.M. filed a motion asking the Honorable Marilyn J. Kaman to enforce the July 16, 2002, order; to return J.M. to V.M. immediately; and for various other types of relief. (FAC ¶ 34; Sayler Decl. Ex. 7 (Notice & Mot., Meyer v. Meyer, File No. 269087 (Hennepin Cty. Dist. Ct. Aug. 13, 2002)) [Doc. No. 171-7].) Judge Kaman held a hearing on V.M.'s "emergency motion" the next day on August 14, 2002. (Sayler Decl. Ex. 8 (Meyer v. Meyer, File No. 269087, Order at 1 (Hennepin Cty. Dist. Ct. Aug. 14, 2002)) [Doc. No. 171-8].) Meyer appeared by speakerphone from Arizona and was represented by Hale....