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State of Minnesota District Court

County Judicial District: First

Dakota Court File Number: 19AV-CV-17-1950
Case Type: Harassment
In the Matter of:

David Rucki, Samantha Rucki and

and o/b/o Minor Children
Affidavit of Compliance
Constructive Civil Contempt

Deirdre Evavold



Deirdre Evavold states and alleges as follows:

1. That I am the respondent in this proceeding.

2. This Court’s Order dated March 1, 2018, paragraph 1, states as follows:

“Respondent shall serve 30 days in the Dakota County Jail. Execution is stayed for 10
days, until March 9, 2018 at 9:00 a.m., on the following purge conditions:

Prior to March 9, 2018 at 9:00 a.m., Respondent shall remove ALL blog/postings,
social media postings, or internet postings that refer to the Rucki family as named
in the Harassment Restraining Order, including all of the December 12, 2017 post
and the following blog posts:”

3. The order did not specify the means by which the defendant could get in complete compliance
and purge the contempt until after the timeline. I removed all posts prior to March 9th that were
specifically identified as well as several others not listed.

4. Attorney Lisa Elliott emailed an Affidavit of Non-Compliance and Request for Arrest Warrant
to respondent at 9:09 am on March 9th listing 50+ additional specific titles of posts to be purged.
Some of the titles listed had already been purged and others had no reference to the Rucki family.
This was signed by Judge Gearin on March 14th, 2018.
The court cannot punish and incarcerate Respondent for allegedly not following the order as this is
not a criminal matter. As the court is aware, this can only be done if Respondent willfully refuses
to purge the contempt and that incarceration will cause Respondent to obey the prior Order.

Respondent has complied with the purge conditions contained in the Court’s March 1, 2018 Order
as well as the March 14th Affidavit of Non-Compliance, even though the validity of the original
order has not been determined and the contempt was approved without specific findings of fact. It
is the respondent’s belief that petitioner filed the Affidavit of Non-Compliance and Request for
Arrest Warrant to harass and defame respondent and to mislead the court.

The civil contempt no longer continues as Respondent has cleared the contempt to avoid the
sanctions imposed by the court. Please vacate the arrest warrant as well as attorney fee sanctions
imposed due to full compliance.

I declare under penalty of perjury that everything I have stated in this document is true and correct.

Dated: March 17, 2018

Deirdre Evavold
3015 30th Street Ct. South
St. Cloud, MN 56301