ORDUNO v. PIETRZAK

No. 17-3437, No. 17-3486.

932 F.3d 710 (2019)

Samantha ORDUNO, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Richard PIETRZAK, in his individual capacity as the Chief of Police of the City of Dayton; City of Dayton; Michael Campion, in his individual capacity as Commissioner of the Minnesota Department of Public Safety; Ramona Dohman, in her individual capacity as Commissioner of the Minnesota Department of Public Safety; John and Jane Does, employees of the Minnesota Department of Public Safety in their individual capacities as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; John and Jane Does 1-120, acting in their individual capacity as supervisors in the City of Dayton, Defendants-Appellees. Samantha Orduno, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Richard Pietrzak, in his individual capacity as the Chief of Police of the City of Dayton, Defendant, City of Dayton, Defendant-Appellant, Michael Campion, in his individual capacity as Commissioner of the Minnesota Department of Public Safety; Ramona Dohman, in her individual capacity as Commissioner of the Minnesota Department of Public Safety; John and Jane Does, employees of the Minnesota Department of Public Safety in their individual capacities as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety; John and Jane Does 1-120, acting in their individual capacity as supervisors in the City of Dayton, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2019.


Attorney(s) appearing for the Case

Lorenz F. Fett, Jr. , Sonia Miller-Van Oort , Jonathan A. Strauss , Robin M. Wolpert , Sapientia Law Group, Minneapolis, MN, Susan Mae Holden , Marcia Kay Miller , Jeffrey M. Montpetit , SIEBEN & CAREY, Minneapolis, MN, for Plaintiff-Appellant.

Stephanie A. Angolkar , Jon K. Iverson , Attorney, Susan Marie Tindal , Iverson & Reuvers, Bloomington, MN, Margaret A. Skelton , Ratwik & Roszak, Minneapolis, MN, for Defendants-Appellees Richard Pietrzak, in his individual capacity as the Chief of Police of the City of Dayton and City of Dayton.

Oliver J. Larson , Assistant Attorney General, Attorney General's Office, Appeals Division, Saint Paul, MN, for Defendants-Appellees Michael Campion, in his individual capacity as Commissioner of the Minnesota Department of Public Safety, Ramona Dohman, in her individual capacity as Commissioner of the Minnesota Department of Public Safety, John and Jane Does, employees of the Minnesota Department of Public Safety in their individual capacities as officers, supervisors, staff, employees, independent contractors or agents of the Minnesota Department of Public Safety and John and Jane Does 1-120, acting in their individual capacity as supervisors in the City of Dayton.

Lorenz F. Fett, Jr. , Sonia Miller-Van Oort , Jonathan A. Strauss , Robin M. Wolpert , Sapientia Law Group, Minneapolis, MN, Susan Mae Holden , Marcia Kay Miller , Jeffrey M. Montpetit , Sieben & Carey, Minneapolis, MN, for Plaintiff-Appellee.

Stephanie A. Angolkar , Jon K. Iverson , Attorney, Susan Marie Tindal , Iverson & Reuvers, Bloomington, MN, for Defendant-Appellant City of Dayton.

Before LOKEN, COLLOTON, and KELLY, Circuit Judges.


Samantha Orduno sued police chief Richard Pietrzak, the City of Dayton, Minnesota, and other public officials for alleged violations of the Driver's Privacy Protection Act (DPPA), 18 U.S.C. § 2724. Orduno moved to certify a class of all persons whose information Pietrzak impermissibly obtained, but the district court...

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