REPORT AND RECOMMENDATION FRANKLIN L. NOEL, Magistrate Judge. Plaintiff Reino Barry Olson seeks judicial review of the final decision of the Commissioner of Social Security ("Commissioner"), who found Plaintiff was not disabled from his alleged onset date of January 27, 2007 through the date of the ALJ's decision, July 9, 2010. The matter was referred to the undersigned United States Magistrate Judge for Report and Recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. This Court has...
REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. WHEREAS, the Complaint in this matter was filed on May 10, 2012 (Docket No. 1); WHEREAS, on October 3, 2012, this Court issued an Order stating that more than 120 days had elapsed since the filing of this matter and there is no record that the Complaint has been served, directing Plaintiff either to file proof of service or notify Defendant that it is required to answer or to otherwise respond the Complaint (Docket No. 2 at 1);...
REPORT & RECOMMENDATION FRANKLIN L. NOEL, Magistrate Judge. THIS MATTER came before the undersigned United States Magistrate Judge on November 16, 2012 on Defendants' motion to dismiss (ECF No. 7). The matter was referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. See ECF No. 16. For the reasons set forth below, the Court recommends that Defendants' motion be GRANTED and the case be DISMISSED WITH PREJUDICE. I. BACKGROUND In...
MEMORANDUM OPINION AND ORDER SUSAN RICHARD NELSON, District Judge. This matter is before the Court on Plaintiffs' Motion for a Preliminary Injunction [Doc. No. 6]. The Court heard oral argument on December 17, 2012. For the reasons stated below, Plaintiffs' Motion is denied. I. FACTUAL AND PROCEDURAL BACKGROUND On December 4, 2012, Plaintiffs filed this action for a declaratory judgment that certain pending amendments to Minnesota's No-Fault Automobile Insurance Act (the "No-Fault Act"),...
ORDER MICHAEL J. DAVIS, Chief District Judge. This matter is before the Court on the motion of Defendant Durand for a new trial [Doc. No. 364]. Defendant is hereby ordered to submit a memorandum in support of said motion on or before January 1, 2013 at 6:00 p.m. The government shall file its responsive memorandum on or before January 2, 2013 at 12:00 p.m.
ORDER MICHAEL J. DAVIS, Chief District Judge. This matter is before the Court on the motion of Defendant Beckman for a new trial [Doc. No. 368]. Defendant is hereby ordered to submit a memorandum in support of said motion on or before January 1, 2013 at 6:00 p.m. The government shall file its responsive memorandum on or before January 2, 2013 at 12:00 p.m.
MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION Plaintiffs Etta Bracewell and Samuel Parsons commenced this action against Defendant U.S. Bank National Association ("U.S. Bank") seeking to set aside a sheriff's sale of their home, which U.S. Bank allegedly promised to cancel. U.S. Bank now moves to dismiss and, for the reasons set forth below, its Motion will be granted. BACKGROUND In November 2003, Bracewell purchased a home at 2238 Berland Place in Saint Paul,...
MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION This lawsuit arises from a passage in Defendant Chris Kyle's autobiography describing an alleged bar fight he had with Plaintiff Jesse Ventura during a Navy SEAL's wake. In his book, Kyle writes that Ventura made offensive comments about the SEALs and their service in the Iraq War, so Kyle punched him. Ventura maintains the encounter never happened and that Kyle fabricated it to help sell his book. He commenced this...
ORDER FOR FINAL JUDGMENT UNITED STATES, District Judge. Plaintiffs Aaron Ebert, Brian Hupperts and Chris Combs and Defendant Warners' Stellian Co., Inc. ("Warners' Stellian") in the above-captioned class action (the "Action") entered into a Stipulation of Settlement dated as of September 14, 2012 (the "Settlement"). On September 19, 2012, the Court entered an Order Preliminarily Approving Class Action Settlement ("Preliminary Approval Order"), which: 1) preliminarily approved the Settlement;...
MEMORANDUM OPINION & ORDER TONY N. LEUNG, Magistrate Judge. This matter is before the Court, United States Magistrate Judge Tony N. Leung, on Plaintiff Yatau Her's Motion for Leave to File an Amended Complaint (Doc. No. 37), Motion to Reopen Discovery (Doc. No. 35), and Motion to Compel (Doc. No. 40). I. FACTS Plaintiff is a prisoner at the Waupun Correction Institution in Waupun, Wisconsin. (Compl.) He filed this civil rights action arising out of his February 23, 2005 arrest in St. Paul,...
ORDER PATRICK J. SCHILTZ, District Judge. Defendant Milton Rucker was convicted by a jury of attempt or conspiracy to commit bank fraud, aggravated identity theft, and being a felon in possession of a firearm. On August 2, 2012, the Court sentenced Rucker to 204 months in prison and 5 years of supervised release. The Court left open the issue of restitution and, after the parties could not resolve the issue, held an evidentiary hearing on November 20, 2012. 1 Having received the parties'...
ORDER PATRICK J. SCHILTZ, District Judge. This matter is before the Court on the objection of petitioner Michael Toole to the November 26, 2012 Report and Recommendation ("R&R") of Magistrate Judge Tony N. Leung. Judge Leung recommends that Toole's petition for a writ of habeas corpus under 28 U.S.C. 2241 be denied. The Court has conducted a de novo review. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court sustains Toole's objection and grants his 2241...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. Based upon the Report and Recommendation by United States Magistrate Judge Steven E. Rau [Docket No.69], along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that: 1. Based upon the comprehensive settlement and release agreement between the parties, the petition for distribution of money recovered under Minnesota Statute 573.02, is approved, and...
REPORT ANDRECOMMENDATION STEVEN E. RAU, Magistrate Judge. This matter is before the Court on Plaintiff's petition ("Petitioner") for distribution of money recovered under Minnesota Statute 573.02. This matter has been referred to the undersigned for resolution of pretrial matters pursuant to 28 U.S.C. 636 and District of Minnesota Local Rule 72.1. For the reasons set forth below, the Court recommends that Plaintiff's Motion be granted. Based upon all of the files, records and proceeding...
MEMORANDUM OPINION AND ORDER SUSAN RICHARD NELSON, District Judge. I. INTRODUCTION Before the Court are Motions in Limine filed by Plaintiff Jean Kidd on October 29, 2012. (Doc. Nos. 52, 54.) Plaintiff seeks to exclude evidence of alleged misconduct by her in May 2010 and any allegations of misconduct or poor performance by her predating her unappointment from Deputy Chief of Personnel on June 30, 2009. ( Id. ) Also before the Court is a Motion in Limine filed by Defendant Alex Jackson,...
MEMORANDUM OF LAW & ORDER MICHAEL J. DAVIS, Chief District Judge. I. INTRODUCTION This matter is before the Court on Defendant's Motion for Summary Judgment. [Docket No. 42] The Court heard oral argument on October 12, 2012. Because Plaintiff cannot show that he was qualified for the locomotive engineer position during the relevant timeframe, the Court grants Defendant's summary judgment motion. II. BACKGROUND A. Factual Background 1. The Parties Defendant Soo Line Railroad Company d/b/a...
MEMORANDUM OF LAW & ORDER MICHAEL J. DAVIS, Chief District Judge. I. INTRODUCTION This matter is before the Court on Defendants North Memorial Health Care and North Memorial Medical Center's motion to dismiss under Federal Rules of Civil Procedure 12(b)(6) and 9(b). [Docket No. 33] The Court heard oral argument on November 9, 2012. The Court grants Defendants' motion to dismiss because Relator fails to state a claim upon which relief may be granted. II. BACKGROUND A. Factual Background 1....
ORDER SUSAN RICHARD NELSON, District Judge. This matter is before the Court on Defendant's Motion Appealing Portions of Magistrate Judge Jeanne Graham's Order Regarding the Provision of "Other Services" and Specific Legal References [Doc. No. 136], and Defendant's Motion Appealing Magistrate Judge Graham's Order Denying to Provide Funding for "Other Services" [Doc. No. 140]. 1 "The standard of review applicable to an appeal of a magistrate judge's order on a nondispositive issue is extremely...
MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. The United States filed a superseding indictment against Defendant Shaun Michael Martinez and other defendants, alleging that Martinez is a member of the Native Mob gang and engaged in a conspiracy to participate in racketeering activity, among other crimes. United States Magistrate Judge Janie S. Mayeron issued a report and recommendation ("R&R") and an order addressing various motions filed by Martinez and other defendants. (...
ORDER JOHN R. TUNHEIM, District Judge. The United States filed a superseding indictment against Defendant William Earl Morris and other defendants, alleging that Morris is a member of the Native Mob gang and engaged in a conspiracy to participate in racketeering activity, among other crimes. United States Magistrate Judge Janie S. Mayeron issued a report and recommendation ("R&R") and an order addressing various motions filed by Morris and other defendants. (Docket Nos. 730, 735.) Morris has...
