U.S. District Courts - Minnesota ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeEducationFinance & BankingGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawNative Americans LawPension & Retirement BenefitsProducts LiabilityTaxation Raphael MENDEZ v. BUREAU OF PRISONS et al. , D.Minn., November 17, 2009 Raphael Mendez, Rochester, MN, pro se. Ana H. Voss, Gregory G. Brooker, United States Attorney's Office, Mpls, MN, for Respondents. ORDER JAMES M. ROSENBAUM, District Judge. This matter is before the Court for consideration of the Report and Recommendation issued by the Honorable Raymond L. Erickson, United States Chief Magistrate Judge, on October 8, 2009 [Docket No. 27]. The petitioner, acting pro se, timely filed objections pursuant to Local Rule 72.2. Based on a de novo review... Vicki FRYER, Plaintiff, v. CITIMORTGAGE, INC., Defendant. , D.Minn., November 17, 2009 Vicki Fryer, Pro Se, Plaintiff. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. This matter is before the Court on Plaintiff Vicki Fryer's application for a temporary restraining order (Doc. No. 2). For the reasons stated below, this Court denies the application, but without prejudice to a motion for preliminary injunctive relief properly filed and served on Defendant. Proceeding pro se, Fryer filed this action on November 16, 2009, to "quiet title" to her residence, alleg... Phillip G. SCOTT, Petitioner, v. Warden Dwight FONDREN, Respondent. , D.Minn., November 17, 2009 Phillip G. Scott, Sandstone, MN, pro se. Gregory G. Brooker, Chad A. Blumenfield, United States Attorney's Office, Minneapolis, MN, for Respondent. ORDER RICHARD H. KYLE, District Judge. Before the Court are Petitioner's Objections to the October 22, 2009 Report and Recommendation of Magistrate Judge Jeanne J. Graham; Judge Graham has recommended the denial of the Petition for a Writ of Habeas Corpus. The undersigned has reviewed de novo Judge Graham's recommended disposition, her Rep... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for CitiMortgage, Inc., Plaintiff, v. Christopher S. SHELDON; Citibank; Wells Fargo Bank, N.A.; United States of America; XYZ Corporation; ABC Partnership; John Doe; and Mary Roe, whose tru, D.Minn., November 17, 2009 Sean O. Skrypek, Esq., and Steven R. Little, Esq., Coleman Hull & van Vliet, PLLP, for Plaintiff. Ana H. Voss, Assistant United States Attorney, United States Attorney's Office, for Defendant United States of America. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT DONOVAN W. FRANK, District Judge. The above-entitled matter came before the undersigned on November 17, 2009 pursuant to a settlement stipulation between Plaintiff Mortgage Electronic Registration Systems Inc., as... Jeremy MURCHISON, Plaintiff, v. MARATHON PETROLEUM COMPANY, LLC; Foster Wheeler USA Corporation; Hughes- Anderson Heat Exchanger, Inc.,; Anvil International, Inc. and Ashland, Inc., Defendants. , D.Minn., November 17, 2009 Kelly Tidwell, Patton, Tidwell & Schroeder, LLP, Texarkana, TX, Mark A. Hallberg, Hallberg & McClain PA, St. Paul, MN, Justin K. Hall, Law Office of Justin K. Hall, PC, Garland, TX, for Plaintiff. Scott P. Drawe, Drawe & Maland, Edina, MN, Amy R. Skaggs, Mark Friedlander, Schiff Hardin LLP, Chicago, IL, James D. O'Connor, Jennifer B. Benowitz, Nadege J. Souvenir, Maslon Edelman Borman & Brand, LLP, Richard A. Lind, William L. Davidson, Lind Jensen Sullivan & Peterson, PA, Gary A. Van Cleve, R... Stephanie CHAPPELL, Plaintiff, v. BUTTERFIELD-ODIN SCHOOL DISTRICT NO. 836, Defendant. , D.Minn., November 17, 2009 Thomas B. James, James Law Office, for plaintiff. Sarah E. Morris and Paul C. Peterson, Lind, Jensen, Sullivan & Peterson, P.A., for defendant Butterfield-Odin School District No. 836. MEMORANDUM OPINION AND ORDER PATRICK J. SCHILTZ, District Judge. Plaintiff Stephanie Chappell brings claims of discrimination, retaliation, and failure to accommodate under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, an... Edward POINDEXTER, Plaintiff, v. Victoria POHLMANN, et al., Defendants. , D.Minn., November 16, 2009 Edward Poindexter, Lincoln, NE, pro se. Angela Behrens, Minnesota Attorney General's Office, St. Paul, MN, for Defendants. ORDER JOAN N. ERICKSEN, District Judge. This case is before the Court on an Amended Report and Recommendation issued by the Honorable Jeffrey J. Keyes, United States Magistrate Judge, on October 19, 2009. The magistrate judge recommended that Plaintiff's Motion for Partial Summary Judgment, Motion for Submission of Supplementary Exhibits and Supplementary Affidav... Barry Scott MICHAELSON, Plaintiff, v. State of MINNESOTA, D.O.C., et al., Defendants. , D.Minn., November 16, 2009 Barry Scott Michaelson, St. Cloud, MN, pro se. ORDER MICHAEL J. DAVIS, Chief Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated October 27, 2009, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiff's application for leave to proceed in forma pauperis, (Docket No. 2), is DENIED; 2. This action is DISMISSED pursuan... Guy GIISHIG, Plaintiff, v. Debra JAMES, Velma J. Korbel, Cal Ludeman, Timothy Pawlenty, Kathleen Sibelius, Erma Vizenor, Matthew Frank, Barbara Bergwindels, Dennis Benson, Greg Carlson, Lauren Severson, Dr. Ann La Valley-Wood, Brian Ninneman, Jim L, D.Minn., November 13, 2009 Guy Giishig, Moose Lake, MN, pro se. ORDER MICHAEL J. DAVIS, Chief Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Arthur J. Boylan dated October 15, 2009, all the files and records, and no objections having been filed to said Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiff's "Application to Proceed Without Prepayment of Fees," (Docket No. 2), is DENIED; and 2. This action is summarily DISMISSED pursuant to 2... Randall Wallace HANCOCK, Petitioner, v. Joan FABIAN, Commissioner of Corrections, Respondent. , D.Minn., November 13, 2009 Randall Wallace Hancock, Lino Lakes, MN, pro se. Mark Nathan Lystig, Matthew Frank, St Paul, MN, for Respondent. ORDER PATRICK J. SCHILTZ, District Judge. Based upon the Report and Recommendation by United States Magistrate Judge Arthur J. Boylan dated October 27, 2009, with all the files and records, and no objections having been filed to said Recommendation, IT IS HEREBY ORDERED that: 1. Randall Wallace Hancock's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person ... Ozhawaaskoo GIISHIG a/k/a Guy Greene, Plaintiff, v. SHERBURNE COUNTY SOCIAL SERVICES, and Cal Ludeman, Defendant. , D.Minn., November 13, 2009 Ozhawaaskoo Giishig, Moose Lake, MN, pro se. ORDER MICHAEL J. DAVIS, Chief Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Arthur J. Boylan dated October 15, 2009, all the files and records, and no objections having been filed to said Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiff's "Application to Proceed Without Prepayment of Fees," (Docket No. 2), is DENIED; and 2. This action is summarily DISMISSED pu... Cary B. CROWELL, Petitioner, v. Joan FABIAN, Respondent. , D.Minn., November 12, 2009 Cary B. Crowell, Bayport, MN, pro se. Mark Nathan Lystig, Assistant Ramsey County Attorney, St. Paul, MN, for Respondent. ORDER DONOVAN W. FRANK, District Judge. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated October 16, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the f... David R. MAJEWSKI, Plaintiff, v. HIGHLAND BANK, et al., Defendants. , D.Minn., November 12, 2009 David R. Majewski, pro se, Plaintiff. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. This matter is before the Court on Plaintiff's motion for a temporary restraining order (Doc. No. 3). For the reasons stated below, this Court denies the application, but without prejudice to a motion for preliminary injunctive relief properly filed and served on Defendants. Proceeding pro se, Plaintiff David R. Majewski filed this action on November 2, 2009, to "quiet title" to his resid... Benedict F. FRANK, Sr., Plaintiff, v. GLOBAL PAYMENT CHECK RECOVERY d/b/a Checkrite Services, Defendant. , D.Minn., November 12, 2009 Thomas J. Lyons, Jr., Esq., Trista M. Roy, Esq. and Consumer Justice Center, P.A., Vadnais Heights, MN, for plaintiff. Michael A. Sexton, Esq., Brannon J. Arnold, Esq.; Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, GA, and David A. Engen, Esq., Engen Law Firm, Burnsville, MN, for defendant. ORDER DAVID S. DOTY, District Judge. This matter is before the court on plaintiff's motion for summary judgment and defendant's motion to withdraw and amend responses to plaintiff's first request ... MID-CONTINENT ENGINEERING, INC., a Minnesota corporation, Plaintiff, v. TOYODA MACHINERY USA, CORP., an Illinois corporation, and JTEKT Corporation, a Japanese corporation, Defendants. , D.Minn., November 10, 2009 Jonathan M. Bye, Esq., Karla M. Vehrs, Esq., and Lindquist & Vennum, Minneapolis, MN, for plaintiff. John M. Harper III, Esq., Molly R. Hamilton, Esq. and Messerli & Kramer, Minneapolis MN and Edward J. Underhill, Esq., Erin M. Gaeke, Esq. and Masuda, Funai, Eifert & Mitchell, Chicago, IL, for defendants. ORDER DAVID S. DOTY, District Judge. This matter is before the court on defendants' motion for summary judgment. After a review of the file, record and proceedings herein, and for the f... Guy Randy WHITE HORSE, Petitioner, v. UNITED STATES of America, Respondent. , D.Minn., November 10, 2009 Guy Randy White Horse, petitioner pro se. Gregory G. Brooker, Assistant United States Attorney, United States Attorney's Office, for respondent. ORDER ADOPTING REPORT AND RECOMMENDATION PATRICK J. SCHILTZ, District Judge. This matter is before the Court on petitioner Guy Randy White Horse's objection to Chief Magistrate Judge Raymond L. Erickson's Report and Recommendation ("R & R") filed on October 23, 2009. Judge Erickson recommends that White Horse's petition for habeas corpus und... Calvin Scott WEDINGTON, Plaintiff, v. U.S. MARSHALS, Defendant. , D.Minn., November 10, 2009 Calvin Scott Wedington, Rochester, MN, pro se plaintiff. Ana Voss, Assistant United States Attorney, Office of the United States Attorney, Minneapolis, MN, for defendant. ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated October 13, 2009 [Docket No. 36]. No objections have been filed to that Report and Recommendation in the time perio... UNITED STATES of America, Plaintiff, v. James Bernard YOUNG, Talora Ann Smith, Defendants. , D.Minn., November 10, 2009 Steven L. Schleicher, Assistant United States Attorney, for the Government. Andrew H. Mohring, Assistant Federal Defender, for Defendant Young. Frederick J. Goetz, for Defendant Smith. ORDER ANN D. MONTGOMERY, District Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated October 15, 2009, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREB... AJB OUTDOORS, INC., a Minnesota Corporation, Plaintiff, v. JERKY SNACK BRANDS, INC., a Wisconsin Corporation, Defendant. , D.Minn., November 10, 2009 Thomas John Hunziker, Esq., Dunkley and Bennett, P.A, for Plaintiff. John D. Holland, Esq., Dady & Garner, PA; and Matthew J. Kramer, Esq., and Michael P. Kornak, Esq., Freeborn & Peters LLP, for Defendant. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This matter is before the Court on a Motion to Dismiss for Lack of Subject Matter Jurisdiction brought by Defendant Jerky Snack Brands, Inc. ("Jerky Snack Brands"). For the reasons stated below, the Court grant... David LeRoy GAMBLE, Plaintiff, v. Joan FABIAN, Commissioner of Corrections, Defendant. , D.Minn., November 10, 2009 David LeRoy Gamble, Rush City, MN, pro se. ORDER PAUL A. MAGNUSON, District Judge. This matter is before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Jeanne J. Graham dated October 2, 2009. Plaintiff David LeRoy Gamble is a Minnesota state prison inmate who filed a § 1983 Complaint along with a Request for Leave to File In Forma Pauperis ("IFP"). Magistrate Judge Graham recommends that Gamble's Complaint dismissed without prejudice. She further recommends that Ga... Scott Lawrence BUTTERFIELD, Petitioner, v. State of MINNESOTA, Respondent. , D.Minn., November 10, 2009 Scott Lawrence Butterfield, Bayport, MN, pro se. Kimberly R. Parker, Matthew Frank, St. Paul, MN, for Respondent. ORDER DAVID S. DOTY, District Judge. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated October 21, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, and all of th... UNITED STATES of America, Plaintiff, v. Thomas Joseph PETTERS; Petters Company, Inc., a/k/a PCI; Petters Group Worldwide, LLC; Deanna Coleman, a/k/a Deanna Munson; Robert White; James Wehmhoff; Larry Reynolds, and/or dba Nationwide International Re, D.Minn., November 10, 2009 Steven E. Wolter, Esq., Kelley & Wolter, P.A., Minneapolis, MN, on behalf of Receiver Douglas A. Kelley. Gregory G. Brooker, Assistant United States Attorney, Minneapolis, MN, on behalf of Plaintiff United States of America. MEMORANDUM OPINION AND ORDER ANN D. MONTGOMERY, District Judge. I. INTRODUCTION This matter is before the Court on the motions of Receiver Douglas A. Kelley ("Receiver Kelley") [Docket Nos. 688, 692] for authorization to make interim payments from receivership assets for... UNITED STATES of America, Plaintiff, v. Samuel Esteban FUENTES-SOTO, Defendant. , D.Minn., November 9, 2009 Samuel Esteban Fuentes-Soto, pro se. Michael A. Dees, Esq., Assistant United States Attorney, Minneapolis, MN, for Plaintiff. MEMORANDUM OPINION AND ORDER ANN D. MONTGOMERY, District Judge. I. INTRODUCTION This matter is before the undersigned United States District Judge for consideration of Defendant Samuel Esteban Fuentes-Soto's ("Defendant") Motion for Reduction of Sentence Pursuant to 28 U.S.C. § 2255 [Docket No. 27] ("2255 Motion"). Defendant's 2255 Motion asserts his counsel provid... Carson O'BRIAN, Plaintiff, v. John DOE, Mary Rowe, and Bank of America Home Loans, Inc., Defendants. , D.Minn., November 9, 2009 Carson O'Brian, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION PATRICK J. SCHILTZ, District Judge. This matter is before the Court on plaintiff's objection to the Report and Recommendation ("R & R") of Magistrate Judge Arthur J. Boylan. Judge Boylan recommends summarily dismissing this action for lack of subject-matter jurisdiction pursuant to the Rooker-Feldman doctrine. See Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. ... Nichole WILLIAMS, Johnson Sendolo, Carey Koppenberg, Carrie Strohmayer, on behalf of themselves and all others similarly situated, Plaintiffs, v. TIMOTHY F. GEITHNER, as United States Secretary of the Treasury, U .S. Department of the Treasury, The, D.Minn., November 9, 2009 Mark R. Ireland, Esq., Jane N. Bowman, Esq., and Timothy L. Thompson, Esq., Housing Preservation Project, St. Paul, MN, on behalf of Plaintiffs. Bradley H. Cohen, Esq., U.S. Department of Justice, Washington, D .C., on behalf of Defendants Secretary Timothy F. Geithner and the U.S. Department of the Treasury. Mark A. Jacobson, Esq., Mark H. Zitzewitz, Esq., and Bryan R. Freeman, Esq., Lindquist & Vennum, P.L.L.P., Minneapolis, MN; Howard N. Cayne, Esq., David B. Bergman, Esq., and David D. Fa... Darringer FUNCHES, Plaintiff, v. Jeremiah PROGRAM and Lynae Fuglie, Defendants. , D.Minn., November 9, 2009 Stephen W. Cooper, Esq., Stacey R. Everson, Esq., The Cooper Law Firm, Chartered, for Plaintiff. Gregory A. Zinn, Esq., Mahoney, Dougherty and Mahoney, P.A., for Defendants. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This matter is before the Court on Defendants' motion for summary judgment on Plaintiff's federal-law claims (Doc. No. 9). For the reasons stated below, this Court grants the motion and also dismisses without prejudice Plaintiff's state-law cl... Richard B. LUCIENTES, Petitioner, v. Warden Dwight L. FONDREN, Respondent. , D.Minn., November 6, 2009 ORDER RICHARD H. KYLE, District Judge. Petitioner has filed Objections to the August 28, 2009 Report and Recommendation of Magistrate Judge Arthur J. Boylan in which Judge Boylan has recommended the denial of the Petition for writ of habeas corpus. The Court has now reviewed de novo the Report and Recommendation and Petitioner's Objections. Based upon that review and all of the files, records and proceedings herein, IT IS ORDERED: The Objections (Doc. No. 13) are OVERRULED; The Report and ... Adam Paul STREGE, Plaintiff, v. DEUTSCHE HYPOTHEKEN BANK, et al., Defendants. , D.Minn., November 6, 2009 Adam Paul Strege, Pro Se, Plaintiff. Amber N. Bowman, Esq., and William F. Stute, Esq., Faegre & Benson LLP, counsel for Defendants, Deutsche Hypotheken Bank and Landesbank Baden Wuerttemberg. Charles F. Webber, Esq., Faegre & Benson LLP, counsel for Defendant U.S. Bancorp.; Amy C. Taber, Esq., and Charles F. Webber, Esq., Faegre & Benson LLP, counsel for Defendant, U.S. Bank. Matthew R. Robbins, Esq., Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C.; and Burt A. Johnson, Es... Bret Duane HANNAM, Petitioner, v. Connie ROERICH, Warden, and Joan Fabian, Commissioner, Respondents. , D.Minn., November 4, 2009 Bret Duane Hannam, Faribault, MN, pro se. Matthew Frank, Minnesota Attorney General's Office, St Paul, MN, for Respondents. ORDER JAMES M. ROSENBAUM, District District. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated October 14, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge,... Michael S. UNDLIN, Plaintiff, v. CITY OF MINNEAPOLIS, Tim Dolan, Lance Faust, John Doe I, Jane Doe I, County of Hennepin, Richard Stanek, Brian Peterson, Vernon Trombley, Brock Heldt, Brie Pileggi, Deb Miller, Robert Hillestad, John Doe II, and Jan, D.Minn., November 4, 2009 Daniel E. Gustafson, Esq., and James W. Anderson, Esq., Gustafson Gluek PLLC, appeared on brief for Plaintiff Michael S. Undlin. Sara J. Lathrop, Esq., Minneapolis City Attorney's Office, appeared on brief for Defendants City of Minneapolis, Tim Dolan, and Lance Faust. Toni A. Beitz, Esq., and Julie K. Bowman, Esq., Hennepin County Attorney's Office, appeared on brief for Defendants County of Hennepin, Richard Stanek, Brian Peterson, Vernon Trombley, Brock Heldt, Brie Pileggi, Deb Miller, ... Helmut Horst MAUER, Petitioner, v. State of MINNESOTA, Respondent. , D.Minn., November 4, 2009 William J. Gatton, Gatton Law Office, Michael McGlennen, Minneapolis, MN, for Petitioner. Alan J. Harris, Hennepin County Attorney's Office, Minneapolis, MN, for Respondent. ORDER RICHARD H. KYLE, District Judge. INTRODUCTION Petitioner commenced this action by filing a habeas corpus petition under 28 U.S.C. § 2254, challenging the validity of his conviction and sentence in a Minnesota state criminal case. The matter was assigned to Magistrate Judge Jeanne J. Graham for a Report and Recom... David James SYLVESTER, Plaintiff, v. Mary Christine SYLVESTER, Defendant. , D.Minn., November 3, 2009 David James Sylvester, St Paul, MN, pro se. ORDER JAMES M. ROSENBAUM, District Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated October 8, 2009, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis [# 2] is DENIED; and 2. This action is summarily DISMISSED for lack o... Jay Paul OLSON, Plaintiff, v. SHERBURNE COUNTY, Angela Knutson, Brian Frank, John Olson, Jeremy Coolidge, Troy Halvorson, Maryanne Welsh, Mark Herrmann, Rose Lindberg-Maingi, Tricia Nesser, and Gregory Schoen, Defendants. , D.Minn., November 3, 2009 Robert Bennett, Esq., and Ryan O. Vettleson, Esq., Flynn, Gaskins & Bennett, LLP, appeared for Plaintiff Jay Paul Olson. William J. Everett, Esq., and Daniel P. Kurtz, Esq., Everett & Vanderwiel, PLLP, appeared for Defendant Sherburne County. Barry G. Vermeer, Esq., and Henry A. Parkhurst, Esq., Gislason & Hunter, LLP, appeared for Maryanne Welsh, Mark Herrmann, Rose Lindberg-Maingi, Tricia Nesser, and Gregory Schoen. ORDER JOAN N. ERICKSEN, District Judge. Plaintiff Jay Paul Olson b... Sheila S. LANG, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Minn., November 3, 2009 Neut L. Strandemo, Esq., Strandemo, Sheridan & Dulas, counsel for Plaintiff. Lonnie F. Bryan, Esq., Assistant United States Attorney, counsel for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION DONOVAN W. FRANK, District Judge. This matter is before the Court upon Defendant's objections to Magistrate Judge Jeffrey J. Keyes's Report and Recommendation dated August 20, 2009, recommending that: (1) Plaintiff's Motion for Summary Judgment be granted; (2) Defendant's Motion for Summary Ju... Marlowe Nathaniel BROOKS, Petitioner, v. John KING, Respondent. , D.Minn., November 3, 2009 Marlowe Nathaniel Brooks, Bayport, MN, pro se. Matthew Frank, St. Paul, MN, Thomas A. Weist, Minneapolis, MN, for Respondent. ORDER ANN D. MONTGOMERY, District Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Arthur J. Boylan dated September 9, 2009, all the files and records, and no objections having been filed to said Recommendation [FN1], FN1. By Order of October 1, 2009, [Docket No. 11] the Court extended Pe... UNION SECURITY INSURANCE COMPANY, Plaintiff, v. ADRINA GLINSKI; Alissa Englund, by and through next friend and parent Misty Englund; and Ashley Englund, by and through next friend and parent Misty Englund, Defendants. , D.Minn., November 3, 2009 Sara Bottleson Turner, Esq., Baker Donelson Bearman Caldwell & Berkowitz, for Plaintiff. Adrina Glinski, Hugo, MN, pro se. Alissa Englund, Red Wing, MN, pro se. Ashley Englund, Red Wing, MN, pro se. ORDER JOAN N. ERICKSEN, District Judge. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated October 19, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Bas... Nicole THOMPSON and Bradford Thompson, Plaintiffs, v. ANOKA-HENNEPIN EAST METRO NARCOTICS and Violent Crimes Task Force and Officers John and Jane Does 9-18, Defendants. , D.Minn., November 3, 2009 Bryan R. Battina, Esq., and Michael H. Frasier, Esq., Bock & Battina, LLP, for Plaintiffs. Jason M. Hiveley, Esq., Jon K. Iverson, Esq., and Andrea B. Wing, Esq., Iverson Reuvers, LLC, for Defendants. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This matter is before the Court on a Motion for Summary Judgment brought by Defendants Anoka-Hennepin East Metro Narcotics and Violent Crimes Task Force (the "AHTF") and Officers John and Jane Does 9-18 (the "individ... Barbara A. PECK, (f/k/a/ Barbara Kinley), Petitioner, v. Timothy C. KINLEY, Respondent, and Ramsey County, Intervenor. , D.Minn., November 2, 2009 Timothy C. Kinley, pro se. MEMORANDUM OPINION AND ORDER ANN D. MONTGOMERY, District Judge. I. INTRODUCTION This matter is before the undersigned United States District Judge for a ruling on Respondent Timothy C. Kinley's ("Kinley") Objections [Docket No. 4] to Magistrate Judge Janie S. Mayeron's September 23, 2009 Report and Recommendation ("R & R") [Docket No. 3]. Judge Mayeron recommended vacating Kinley's Notice of Removal [Docket No. 1], denying Kinley's application for leave to proceed ... THE HERTZ CORPORATION, Plaintiff, v. LOCAL UNION NO. 974 A/W INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Defendant. , D.Minn., November 2, 2009 Charles P. Roberts, III, Constangy, Brooks & Smith, LLP, Winston-Salem, North Carolina, James D. Kremer, Dorsey & Whitney LLP, Minneapolis, MN, for Plaintiff. James A. Jorgensen, Glendenning & Jorgensen, Ltd., St. Paul, MN, for Defendant. MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION In this action, The Hertz Corporation ("Hertz") seeks to vacate an arbitration award and Local Union No. 974 A/W International Brotherhood of Teamsters, AFL/CIO (the "Union") seek... Sandra RACHUY, Plaintiff, v. ANCHOR BANK, individually and as a Minnesota Corporation; Kristie Shafer, individually and in her official capacity as an employee of Anchor Bank; Joyce Maddox, individually and in her official capacity as an employee o, D.Minn., November 2, 2009 Sandra Rachuy, pro se, Plaintiff. Alan I. Silver, Esq., and Jessica Schulte Williams, Esq., Bassford Remele, counsel for Defendants. ORDER AND MEMORANDUM DONOVAN W. FRANK, District Judge. This matter is before the Court on separate motions to set side the judgment entered in this action under Rules 59 and 60 of the Federal Rules of Civil Procedure brought by Plaintiff Sandra Rachuy ("Plaintiff") and Gale Rachuy ("Rachuy"). Defendants Anchor Bank (the "Bank"), Kristie Shafer, Joyce Maddox... Chad L. ANDERSON, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., and EMC Mortgage Corporation, Defendants. , D.Minn., November 2, 2009 Bryan R. Battina, Bock & Battina, LLP, for plaintiff. Monica L. Davies and Troy M. Parrish, Leonard, Street and Deinard, for defendant EMC Mortgage Corporation. ORDER GRANTING DEFENDANT EMC MORTGAGE CORPORATION'S MOTION FOR SUMMARY JUDGMENT PATRICK J. SCHILTZ, District Judge. Plaintiff Chad Anderson brings a claim under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681 et seq., against defendant EMC Mortgage Corporation ("EMC"). [FN1] This matter is before the Court on EMC's ... Deana L. ZAPATA, Plaintiff, v. WALGREEN COMPANY and John Doe Store Manager, Defendants. , D.Minn., November 2, 2009 Robert M. Gardner, Gardner Law Office, St. Paul, MN, for Plaintiff. Patrick J. Larkin, Lind Jensen Sullivan & Peterson, PA, Minneapolis, MN, for Defendants. MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION Plaintiff Deana Zapata brought this action against Defendants Walgreen Co. and John Doe Store Manager (hereinafter referred to jointly as "Walgreens") alleging that Walgreens was negligent and violated three Minnesota consumer- fraud statutes by selling an item... Robert L. FOLLIS and Georgia K. Follis, Plaintiffs, v. State of MINNESOTA, Human Services Department and Military Service Department; Morrison County, Human Services Department; and Todd County, Human Services Department, Defendants. , D.Minn., October 30, 2009 Robert L. Follis and Georgia K. Follis, Long Prairie, MN, pro se. Robin C. Vue-Benson, Assistant Attorney General, Office of the Minnesota Attorney General, St. Paul, MN, for defendant State of Minnesota. James R. Andreen, Erstad & Riemer, PA, Minneapolis, MN, for defendants Morrison County and Todd County. ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE JOHN R. TUNHEIM, District Judge. This matter is before the Court on the objections of Plaintiffs Robert L. Follis a... UNITED STATES of America, Plaintiff, v. Adewale Alaba ALLI, Defendant. , D.Minn., October 30, 2009 Clifford B. Wardlaw, Esq., Assistant United States Attorney, Minneapolis, MN, on behalf of Plaintiff. Rick E. Mattox, Esq., Prior Lake, MN, on behalf of Defendant. ORDER ANN D. MONTGOMERY, District Judge. This matter is before the undersigned United States District Judge for consideration of Defendant Adewale Alaba Alli's ("Alli") Appeal [Docket No. 113] of Magistrate Judge Arthur J. Boylan's October 2, 2009 Order [Docket No. 106], which denied Alli's Motion to Immediately Dismiss Compla... UNITED STATES of America, Plaintiff, v. Anton Lamont BURNES, Defendant. , D.Minn., October 30, 2009 Erica H. MacDonald, Assistant U.S. Attorney, United States Attorney's Office, District of Minnesota, Minneapolis, MN, for plaintiff. Manny K. Atwal, Assistant Federal Defender, Office of the Federal Defender, District of Minnesota, Minneapolis, MN, for defendant. MEMORANDUM OPINION DENYING DEFENDANT'S MOTION IN LIMINE AND GRANTING GOVERNMENT'S MOTION IN LIMINE JOHN R. TUNHEIM, District Judge. This matter is before the Court on the defendant's Motion in Limine (Docket No. 89) and the gov... VERSACOLD USA, INC., a Minnesota corporation, Plaintiff, v. INLAND AMERICAN BROOKLYN PARK ATLAS, L.L.C., a Delaware limited liability company, et al., Defendants. Versacold USA, Inc., Plaintiff, v. Inland American Brooklyn Park Atlas, L.L.C., De, D.Minn., October 29, 2009 Marc A. Al, Esq., Christopher N. Weiss, Esq., Darcie C. Durr, Esq ., Troy J. Hutchinson, Esq. and Stoel Rives LLP, Minneapolis, MN, for plaintiff. Joseph J. Cassioppi, Esq.Mark W. Vyvyan, Esq. and Fredrikson & Byron, Minneapolis, MN, for defendants. DAVID S. DOTY, District Judge. This matter is before the court upon plaintiff's motions for preliminary injunctions in two related cases. Because the motions involve the same underlying dispute between substantially similar parties, the co... Kenneth R. KUNZER, Plaintiff, v. Frank J. MAGILL, Jr., Defendant. , D.Minn., October 29, 2009 Kenneth R. Kunzer, Woodbury, MN, pro se. Lonnie F. Bryan, United States Attorney's Office, Minneapolis, MN, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS DANIEL L. HOVLAND, Chief District Judge. I. BACKGROUND The plaintiff, Kenneth R. Kunzer, pro se, has petitioned this Court to pursue criminal charges against the former United States Attorney, Frank J. Magill, Jr., by appointing a judge to file a criminal complaint prepared by Kunzer. This action arises out of adverse deci... Freddie Louis DILLARD, Plaintiff, v. STATE DEPARTMENT OF CORRECTIONS and Joan Fabian, Commissioner, Defendants. , D.Minn., October 27, 2009 Freddie Louis Dillard, Lino Lakes, MN, pro se. ORDER JOAN N. ERICKSEN, District Judge. This case is before the Court on a Report and Recommendation issued by the Honorable Jeanne J. Graham, United States Magistrate Judge, on October 7, 2009. The magistrate judge recommended that Plaintiff's amended application to proceed in forma pauperis be denied, that Plaintiff's motion for leave to file an amended complaint be denied, that this action be summarily dismissed, that Plaintiff be requir... John Robert SMITH, a/k/a Yahye Raheem Hammurabi El Bey, Petitioner, v. Joan FABIAN, Commissioner, M.D.O.C, Respondent. , D.Minn., October 27, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated October 1, 2009. Based upon the Report and Recommendation of the Magistrate Judge [Docket No. 7], and all of the files, records and proceedings herein, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1. This action is summarily D... Tobias SMITH, Petitioner, v. Connie ROEHRICH, Respondent. , D.Minn., October 27, 2009 Tobias Smith, Rochester, MN, pro se. Eric M. Woodford, Assistant Olmsted County Attorney, for Respondent. ORDER RICHARD H. KYLE, District Judge. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated September 4, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, a... GOLD'S GYM LICENSING, LLC, a Delaware limited liability company, Plaintiff, v. K-PRO MARKETING GROUP, INC., a Minnesota corporation, Defendant. , D.Minn., October 26, 2009 Dean C. Eyler, Gray Plant Mooty Mooty & Bennett, PA, Minneapolis, MN, Stephen J. Vaughan, Gray, Plant, Mooty, Mooty & Bennett, PA, Washington, DC, for Plaintiff. Timothy R. Reuter, Kelm & Reuter, PA, Sauk Rapids, MN, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION PATRICK J. SCHILTZ, District Judge. Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above... Jessie D. McDONALD, Plaintiff, v. OVERNITE EXPRESS, et al, and Transport Leasing Contract, Inc., Defendants. , D.Minn., October 26, 2009 Jessie D. McDonald, Nashville, TN, pro se. Michael L. McCain, Thomas R. Revnew, Seaton Beck & Peters, P.A., Michael J. Moberg, Briggs & Morgan, Minneapolis, MN, David D. Robinson, Scopelitis, Garvin, Light, Hanson & Feary, PC, Indianapolis, IN, for Defendants. ORDER JOAN N. ERICKSEN, District Judge. This case is before the Court on a Report and Recommendation issued by the Honorable Janie S. Mayeron, United States Magistrate Judge, on September 24, 2009. The magistrate judge recomme... Terrance Alfonso DUDLEY, Petitioner, v. Jessica SYMMES/Warden, Respondent. , D.Minn., October 23, 2009 Terrance Alfonso Dudley, Stillwater, MN, pro se. Mitchell L. Rothman, Ramsey County Attorney's Office, Matthew Frank, Minnesota Attorney General's Office, St Paul, MN, for Respondent. ORDER DAVID S. DOTY, District Judge. This matter is before the court upon petitioner Terrance Alfonso Dudley's pro se objection to the September 21, 2009, report and recommendation of Magistrate Judge Jeanne J. Graham. In her report, the magistrate judge recommends that petitioner's 28 U.S.C. § 2254 petitio... FAIR ISAAC CORPORATION and myFico Consumer Services, Inc., Plaintiffs, v. EXPERIAN INFORMATION SOLUTIONS INC.; Trans Union, LLC; VantageScore Solutions, LLC; and Does I through X, Defendants. , D.Minn., October 23, 2009 Charles F. Rule, Esq., Joseph J. Bial, Esq., Cadwalader, Wickersham & Taft, LLP, Washington, D.C., and Ronald J. Schutz, Esq., Randall Tietjen, Esq., Michael A. Collyard, Esq., Christopher K. Larus, Esq., David W. Beehler, Esq., Robins, Kaplan, Miller & Ciresi, LLP, Minneapolis, MN, on behalf of Plaintiffs. Mark A. Jacobson, Esq., Mark H. Zitzewitz, Esq., Lindquist & Vennum PLLP, Minneapolis, MN, and M. Elaine Johnston, Esq., Robert A. Milne, Esq., Christopher J. Glancy, Esq., Jack E. Pace, I... James BLUE THUNDER, Petitioner, v. Brian J. JETT, Warden and U.S. Parole Commissioner, Respondents. , D.Minn., October 23, 2009 James Blue Thunder, Rochester, MN, pro se. Gregory G. Brooker, United States Attorney's Office, Minneapolis, MN, for Respondents. ORDER DAVID S. DOTY, District Judge. This matter is before the court on petitioner James Blue Thunder's ("Blue Thunder") appeals of Magistrate Judge Raymond L. Erickson's September 22, 2009, order. Based on a review of the record and the submissions herein, the court concludes that the magistrate judge's order is neither clearly erroneous nor contrary to law.... Albert Brown LURKS, Jr., Petitioner, v. Joan FABIAN, John King, Respondents. , D.Minn., October 23, 2009 Albert Brown Lurks, Jr., Faribault, MN, pro se. James P. Spencer, Rochester, MN, for Respondents. ORDER DAVID S. DOTY, District Judge. This matter is before the court upon Albert Brown Lurks, Jr.'s ("Lurks"), objections to the August 4, 2009, report and recommendation of Magistrate Judge Jeanne J. Graham. The magistrate judge recommends denying Lurks' March 24, 2009, pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Based on a de novo review of the file, record a... Michael Calvin FRANCIS, Petitioner, v. Joan FABIAN, Respondent. , D.Minn., October 23, 2009 Gary R. Wolf, Esq., Wolf Law Office, for Petitioner. J. Michael Richardson, Assistant Hennepin County Attorney, Hennepin County Attorney's Office, for Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION AND MEMORANDUM DONOVAN W. FRANK, District Judge. This matter is before the Court upon Petitioner Michael Calvin Francis's ("Petitioner") objections to Magistrate Judge Arthur J. Boylan's Report and Recommendation dated March 4, 2009, recommending that Petitioner's Application for a Writ ... LIBERTY MUTUAL INSURANCE COMPANY a/s/o Craig Kroonblawd, Plaintiff, v. CFC, INC., d/b/a Columbus Foods Company, Defendant. , D.Minn., October 23, 2009 Anthony J. Morrone, Esq., Cozen O'Connor, and Stephen M. Warner, Esq., O'Neill & Murphy, LLP, appeared for Plaintiff Liberty Mutual Insurance Company a/s/o Craig Kroonblawd. Gordon H. Hansmeier, Esq., and Eric S. Oelrich, Esq., Rajkowski Hansmeier Ltd, appeared for Defendant CFC, Inc., d/b/a Columbus Foods Company. ORDER JOAN N. ERICKSEN, District Judge. Liberty Mutual Insurance Company (Liberty), as the subrogee of Craig Kroonblawd, asserts negligence and product liability claims ag... The TRUSTEES OF the SHEET METAL LOCAL # 10 CONTROL BOARD TRUST FUND, Plaintiffs, v. COMPLETE COMFORT HEATING & AIR CONDITIONING, INC., Defendant. , D.Minn., October 23, 2009 Amy L. Court, Esq., Carl S. Wosmek, Esq., and Michael P. Eldridge, Esq., McGrann Shea Carnival Straughn & Lamb, Chtd., for Plaintiff. ORDER FOR DEFAULT JUDGMENT AND INJUNCTION PURSUANT TO FED. R. CIV. P. 54(b) DONOVAN W. FRANK, District Judge. This matter came on for hearing before the undersigned on October 23, 2009 on Plaintiffs' Motion for Default Judgment and Injunction pursuant to Rules 54, 55, and 65 of the Federal Rules of Civil Procedure. Michael P. Eldridge of McGrann Shea Carnival... Rush WATSON, II; and Geretta Watson, Plaintiffs, v. HOMECOMINGS FINANCIAL, LLC, Defendant. , D.Minn., October 23, 2009 David M. Cialkowski, Esq., Hart L. Robinovitch, Esq., and Timothy J. Becker, Esq., Zimmerman Reed, PLLP; Earl P. Underwood, Jr., Esq., Law Offices of Earl P. Underwood, Jr.; George R. Irvine, III, Esq., Stone, Granade & Crosby, PC; for Plaintiffs. Anand S. Raman, Esq., Skadden Arps Slate Meagher & Flom LLP; Michael J. Steinlage, Esq., Larson King, LLP, for Defendant. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This matter is before the Court on a Motion to ... Wardell ANDREWIN, Plaintiff, v. Reena ABRAHAM, Defendant. , D.Minn., October 23, 2009 Wardell Andrewin, Pro Se, Plaintiff. Sarah A. McGee, Assistant Attorney General, Minnesota Attorney General's Office, counsel for Defendant. MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated September 28, 2009, recommending that Defendant's motion for summary judgment (Doc. No. 10) be granted. This Court agrees with the Magistrate Judge's conc... Roger W. SHERMAN, Petitioner, v. Warden M. CRUZ, Respondent. , D.Minn., October 23, 2009 Roger W. Sherman, Duluth, MN, pro se. Gregory G. Brooker, Chad A. Blumenfield, United States Attorney's Office, MPLS, MN, for Respondent. ORDER PATRICK J. SCHILTZ, District Judge. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Janie S. Mayeron dated September 23, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Ma... ABC Bus Leasing, Inc., a Florida corporation, Plaintiff, v. Traveling in Style (TIS) Inc., a New York corporation; Joseph McMillian; Albertha Corneille; R.V. Williams Jackson; Jasper Lowry; Roger McMillian; Marie Blanchard-Green; and Dorothy Jones , D.Minn., October 23, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND ORDER TO SHOW CAUSE PATRICK J. SCHILTZ, District Judge. Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED THAT: 1. The stay in this matter [Docket No. 70] is lifted. 2. Defendant and third-party plaintiff Traveling in Style (TIS) Inc. must appear through counsel on November 6, ... Robert L. FOLLIS and Georgia K. Follis, Plaintiffs, v. State of MINNESOTA, Human Services Department and Military Service Department; Morrison County, Human Services Department; and Todd County, Human Services Department, Defendants. , D.Minn., October 23, 2009 Robert L. Follis and Georgia K. Follis, Long Prairie, MN, plaintiffs pro se. Daniel S. Goldberg and Donald J. Mueting, Assistant Attorneys General, Office of the Minnesota Attorney General, St. Paul, MN, for defendant State of Minnesota. James R. Andreen, Erstad & Riemer, PA, Minneapolis, MN, for defendants Morrison County and Todd County. ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE JOHN R. TUNHEIM, District Judge. This matter is before the Court on plaintiffs Robert L.... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com