ORDER JAMES E. GRITZNER, Chief Judge. Before the Court is a Motion brought by Plaintiff United States (the Government) to Alter and Amend this Court's Default Judgment Order of August 12, 2011. Defendant Kenneth Tesch (Tesch) has not responded. I. BACKGROUND From 1998 to 2007, the Internal Revenue Service (IRS) assessed taxes and penalties against Tesch and between 2009 and 2010, the IRS attempted to collect those unpaid taxes and penalties from Tesch. In response, Tesch either ignored the...
ORDER JAMES E. GRITZNER, Chief Judge. Now before the Court is a Motion to Dismiss for Lack of Personal Jurisdiction and/or Improper Venue, or in the alternative, for Transfer of Venue filed by Defendants Paul Gay (Gay), Rob Rollins (Rollins), and Aerostar, Inc. (Aerostar), (collectively, Defendants). Plaintiff High Plains Construction, Inc. (Plaintiff or High Plains), resists. The Court held a hearing on the motion on November 10, 2011. Attorney David Alan Morse appeared on behalf of High...
ORDER ROBERT W. PRATT, District Judge. Before the Court is Brandon Tyerman's ("Defendant") Motion for Judgment of Acquittal and New Trial ("Def.'s Mot."), filed on October 26, 2011. Clerk's No. 240. Defendant attached a supporting brief to his motion ("Def.'s Br."). Clerk's No. 240-1. The Government filed a response to the motion ("Gov't Resp.") on November 21, 2011. Clerk's No. 247. Defendant filed a reply to the Government's response ("Def.'s Reply") on November 29, 2011. Clerk's No. 249....
ORDER JAMES E. GRITZNER, Chief Judge. This matter is before the Court on Motion to Dismiss by Defendant Brown & Brown, Inc. (Brown), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff Union Insurance Company (Union) resists. Also pending before the Court is Union's Motion to Compel Arbitration. Defendants Hull & Company, Inc. (Hull), and Brown (collectively, Defendants) resist. On November 9, 2011, the Court held a...
ORDER ROBERT W. PRATT, District Judge. Currently before the Court is a motion to dismiss filed by Defendant Paper-Pak Industries ("PPI") on October 28, 2011. Clerk's No. 25. Plaintiff CO2 Technologies, Inc. ("CO2") filed a response in opposition to the motion on November 17, 2011. Clerk's No. 30. PPI filed a reply on December 2, 2011. Clerk's No. 37. CO2 filed a sur-reply on December 12, 2011. Clerk's No. 38-1. 1 The matter is fully submitted. I. FACTUAL & PROCEDURAL BACKGROUND On June 1,...
ORDER JAMES E. GRITZNER, Chief Judge. Now before the Court is a Combined Motion to Dismiss or Stay the Proceedings and to Compel Arbitration brought by Defendants Urbantus, LLC (Urbantus), and Emeritus Corporation (Emeritus) (collectively, Defendants). 1 Plaintiffs Debrah Pickering (Pickering) and Wesley Stevens (collectively, Plaintiffs), as Attorneys-in-Fact for Paulyne "Polly" Stevens (Ms. Stevens), resist. Neither party has requested a hearing and the Court finds that none is needed;...
ORDER JAMES E. GRITZNER, Chief Judge. This matter comes before the Court on Motion of Plaintiff U.S. Bank, N.A. as Trustee, Successor-in-Interest to Bank of America, N.A., as Trustee, Successor to Wells Fargo Bank, N.A., as Trustee, for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2005-C22 (Plaintiff) for Appointment of Receiver. Defendants CB Settle Inn Limited Partnership (CB Settle Inn) and CB Settle Inn, Inc. (...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on Motion of Defendant Marc Robert Engelmann (Defendant) for New Trial, pursuant to Federal Rule of Criminal Procedure 33. The Government resists. Assistant United States Attorneys John D. Keller and Donald B. Allegro represented the Government. Attorney David R. Treimer represented Defendant. The matter is fully submitted and ready for disposition. I. BACKGROUND On May 17, 2011, the Grand Jury returned a nine-...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on a Motion for Determination of a Law Point (ECF No. 60) filed by Defendant/Counterclaim Plaintiff Employee Benefits Systems, Inc. (EBS). Plaintiff/Counterclaim Defendant EMC National Life Company (EMCNL) 1 does not resist the determination of the law point at issue in EBS's motion but argues for a contrary result. The Court held a hearing on the motion on August 2, 2011. Todd Strother represented EMCNL, and Arnold...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on Motion to Remand to State Court filed by Defendants Sohit Khanna, M.D., and the Iowa Heart Center, P.C. (Defendants), with a request for expedited hearing. Defendants allege Syngenta Seeds, Inc. (Syngenta), improperly removed this case and therefore also move for sanctions under Federal Rule of Civil Procedure 11(b). Syngenta resists both motions. These matters came on for hearing on August 30, 2011. Attorneys...
ORDER JAMES E. GRITZNER, District Judge. This in rem action comes before the Court on a Motion for Summary Judgment by Plaintiff United States of America (the Government), pursuant to 18 U.S.C. 881(a)(4) and the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), 18 U.S.C. 983, for forfeiture of Defendant Property 1999 Freightliner Tractor, VIN #1FUYSSEB7XLA35268 (the Tractor) and 2000 Great Dane Trailer, VIN #1GRAA0623YW003502 (the Trailer). Claimant Ramon Lopez-Disla (Lopez) has filed a...
ORDER JAMES E. GRITZNER, District Judge. Before the Court are motions for summary judgment brought by Defendant Quad City Virtual, Inc. (QCFSBO) and Defendant Symmetry Mortgage Corp. (Symmetry), which Plaintiff Home Show Tours, Inc. (Home Show) resists. The matter came on for hearing on December 13, 2010. Attorney James Zmuda (Zmuda) represented Home Show; Attorney Ian Russell represented QCFSBO; and Attorney Mark Fowler represented Symmetry. The matter is fully submitted and ready for...
ORDER JAMES E. GRITZNER, District Judge. Before the Court is a motion by LAD Trucking (LAD) to dismiss for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) or, in the alternative, to transfer venue pursuant to 28 U.S.C. 1404(a); and a joint motion by Defendants FedEx Ground Package Systems, Inc. (FedEx) and Brent R. Mendenhall (Mendenhall) to transfer venue pursuant to 28 U.S.C. 1404(a). Plaintiffs Linda Lyngholm (Ms. Lyngholm) and Daniel Lyngholm (D. Lyngholm) (...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on motion for summary judgment brought by Defendants Producers Livestock Marketing Association (PLMA) and Producers Livestock Credit Corporation (PLCC) (collectively, Defendants or Producers). Plaintiff Lakeside Feeders, Inc. (Lakeside) resists the motion. The Court held a hearing on the motion on December 10, 2010. Defendants were represented by attorney Jason B. Bottlinger. Plaintiff was represented by attorneys...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Before the Court are the following Motions: 1) a Motion for Summary Judgment, filed August 3, 2011 by Eco 2007, L.L.C. d/b/a Eco, Inc. ("Eco 2007"); and 2) a Motion for Partial Summary Judgment, filed August 10, 2011 by Eco, Incorporated, d/b/a Eco, Inc. ("Old Eco"). Clerk's Nos. 41-42. Archer Daniels Midland Company ("ADM") filed resistances to the Motions on September 6, 2011. Clerk's Nos. 46, 48. Eco 2007 and Old Eco filed replies...
ORDER ROBERT W. PRATT, Chief Judge. Michael R. Stowers, ("Plaintiff), appearing pro se, filed an Amended Complaint against Patrick R. Donahoe, Postmaster General of the United States ("Postal Service"), the National Association of Letter Carriers, AFL-CIO (the "Union"), and the National Association of Letter Carriers, AFL-CIO, Branch 352 ("Local 352") 1 (collectively referred to as "Defendants") on May 19, 2011. Clerk's No. 5. Presently before the Court are two Motions to Dismiss—one filed...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Currently before the Court is "Defendant's Motion for Summary Judgment," filed by EnSoft Corporation ("EnSoft") on February 10, 2011. Clerk's No. 93. Plaintiff National Instruments Corporation ("National Instruments") filed a response in opposition to the motion on April 28, 2011. 1 Clerk's No. 105. EnSoft filed a reply on June 22, 2011. Clerk's No. 117. National Instruments filed a sur-reply on July 6, 2011. Clerk's No. 124. Also...
ORDER JAMES E. GRITZNER, District Judge. This matter comes before the Court on Motion for Summary Judgment brought by Plaintiff U.S. National Bank Association d/b/a Elan Financial Services (U.S. Bank). Defendants Iowa Division of Banking Superintendent James M. Schipper (Schipper) and Iowa Division of Credit Unions Superintendent JoAnn M. Johnson (Johnson) (hereinafter, collectively the State) resisted and filed a Cross-Motion for Summary Judgment. The Court held a hearing on the motions on...
ORDER ROBERT W. PRATT, Chief Judge. Before the Court is a Motion to Dismiss filed by Henning Construction Co. ("Defendant" or "Henning") on June 28, 2011. Clerk's No. 13. Northland Truss System, Inc. ("Plaintiff" or "Northland") filed a resistance to the Motion on July 22, 2011. Clerk's No. 17. Defendant filed a Reply on July 27, 2011. Clerk's No. 18. The matter is fully submitted. 1 I. FACTUAL BACKGROUND Northland is a North Dakota corporation with its principal place of business in...
MEMORANDUM OPINION AND ORDER ROBERT W. PRATT, Chief Judge. Currently before the Court is a "Motion for Summary Judgment" filed by Intercon Solutions, Inc. ("Intercon"), A-Reliable Auto Parts & Wreckers, Inc. ("A-Reliable"), and ARSHG, Inc. ("ARSCO" 1 ) (collectively "Defendants") on October 12, 2010. Clerk's No. 123. Sam's Riverside, Inc. ("Plaintiff") filed a response in opposition to the motion on November 12, 2010. Clerk's No. 151. Defendants filed a reply on November 22, 2010. Clerk's No....
