ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT PATRICK J. SCHILTZ, District Judge. Plaintiffs Sandra Der ("Sandra"), her husband Gordon Der ("Gordon"), and their five-year-old son, G.D., bring this action against defendants Isanti County, Sheriff Mike Ammend, and Deputy Sheriff Sean Connolly. This action arises out of Connolly's warrantless entry into the Ders' home on the evening of April 22, 2008. Plaintiffs bring this action under 42 U.S.C. 1983, alleging violations of the Fourth and...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT PATRICK J. SCHILTZ, District Judge. This matter is before the Court for the second time on cross-motions for summary judgment. When the parties first moved for summary judgment, the Court denied the motion of plaintiff Hartford Fire Insurance Company ("Hartford"), granted the motion of defendant Transgroup Express, Inc. ("Transgroup"), and dismissed all of Hartford's claims against Transgroup. Order Sept. 4, 2007, 2007 WL 2572221 [Docket No. 153]....
AMENDED ORDER GRANTING MOTION TO DISMISS PATRICK J. SCHILTZ, District Judge. Plaintiff Joan Najbar contends that the federal government committed various state-law torts when a letter that she sent to her son while he was serving in the United States Army in Iraq was returned to her stamped "deceased" even though her son was, in fact, alive. The government moves to dismiss under Fed.R.Civ.P. 12(b)(1) for lack of subject-matter jurisdiction. For the reasons that follow, the Court grants the...
ORDER DENYING MOTION FOR TEMPORARY RESTRAINING ORDER JOHN R. TUNHEIM, District Judge. On June 23, 2010, Plaintiff Gay-Lesbian-Bisexual-Transgender Pride/Twin Cities d/b/a/ Twin Cities Pride ("Twin Cities Pride") brought this action pursuant to 42 U.S.C. 1983 against defendant Minneapolis Park and Recreation Board ("MPRB"), alleging violations of its First Amendment right to free speech, petition, and assembly. On the same date, Twin Cities Pride filed a motion for a temporary restraining...
ORDER ADOPTING REPORT AND RECOMMENDATION DONOVAN W. FRANK, District Judge. This matter is before the Court upon Defendant Jeff Parker's ("Defendant") objections to Chief Magistrate Judge Arthur J. Boylan's Report and Recommendation dated December 10, 2010, insofar as it recommends that: (1) Defendant's Motion to Suppress Evidence Obtained as a Result of Search and Seizure be denied; and (2) Defendant's Motion to Suppress Statements, Admissions and Answers be denied. Specifically, the...
MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK, District Judge. INTRODUCTION This case concerns the priority of competing security interests in certain real property and the federal doctrine of choateness. The matter is before the Court on cross Motions for Summary Judgment brought by KleinBank and the United States of America, Department of the Treasury, Internal Revenue Service (the "Government"). For the reasons set forth below, the Court denies KleinBank's motion and grants the Government'...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Leo I. Brisbois dated December 7, 2010, all the files and records, and no objections having been filed to said Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that: 1. The Hegg Defendants' motion to dismiss [Docket No. 14] be GRANTED in part, and that Plaintiffs' Section 1986, negligent...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. Based upon the Findings of Fact, Conclusions of Law, and Recommendation by Chief United States Magistrate Arthur J. Boylan dated October 13, 2010, all the files and records, and no objections having been filed to said Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that: 1. Allianz Life Insurance Company of North America and Fidelity Union Life Insurance Company's Motion to Enforce Class Action...
MEMORANDUM OPINION AND ORDER MICHAEL J. DAVIS, Chief District Judge. This matter is before the Court on Defendant's Motion to Dismiss. I. Factual Background Plaintiff Vladimir Barkhudarov is an individual domiciled in Burnsville, Minnesota. (Am. Compl. 7.) Defendant Fairview Health Services ("Fairview"), is a health care network with business locations throughout Minnesota, including a clinic in Burnsville, Minnesota designated as "Fairview Ridges Clinic." (Am. Compl. 8-9.) From 2002...
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 28, 2010 [Docket No. 36]. 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, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1) Petitioner'...
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 Janie S. Mayeron dated November 18, 2010 [Docket No. 14]. 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, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1....
ORDER JOHN R. TUNHEIM, District Judge. Pro se defendant Billy Ray Wiley ("Wiley") has brought a renewed motion to dismiss, and various requests for the production of evidence. (Docket Nos. 75, 84, 88, 89.) The Court has carefully reviewed all of Wiley's submissions and finds no basis on which to grant the relief requested. I. MOTION TO DISMISS Wiley brings a "Motion to Dismiss" seeking to suppress all evidence seized from a residence located at 2029 Willow Avenue, Minneapolis, MN. On...
MEMORANDUM OPINION AND ORDER MICHAEL J. DAVIS, Chief District Judge. This matter is before the Court upon Plaintiffs 3M Company and 3M Innovative Properties Company's (collectively "3M") motion for a preliminary injunction and Defendant Avery Dennison Corporation's ("Avery") motion to exclude the testimony of Mary Jo Abler. In moving for preliminary injunctive relief, 3M focuses on its infringement allegations of two of its patents, U.S. Patent No. 7,556,386 ("the '386 patent") and U.S....
MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. This case is before the Court on remand from the United States Court of Appeals for the Eighth Circuit. Plaintiffs and defendants have filed motions for summary judgment on the remaining issues in the case. For the reasons set forth below, the Court denies plaintiffs' motion and grants defendants' motion in its entirety. BACKGROUND On May 12, 2006, plaintiffs Francisca Sandoval, Ines Hernandez, Miriam Pacheco, Eva Reyes, Arminda...
MEMORANDUM OPINION AND ORDER RICHARD H. KYLE, District Judge. INTRODUCTION This Court often is confronted with difficult cases raising complex issues of federal and state law; this is not one. Plaintiff Titlecraft, Inc. ("Titlecraft") manufactures fantasy-football-league trophies. It commenced this action against Defendants National Football League and NFL Properties, LLC (collectively, the "NFL"), seeking a declaration that its trophies do not infringe the NFL's rights in one of the most...
ORDER PATRICK J. SCHILTZ, District Judge. This case has been stayed pending reexamination of the two patents-in-suit. Plaintiff Horton, Inc. now moves to partially lift the stay because the PTO has completed not one, but two reexamination proceedings with respect to one of the patents-in-suit. The Court grants Horton's motion. Horton brought this action in December 2008 accusing defendants Kit Masters, Inc. and Concepts ETI, Inc. of infringing two patents: U.S. Patent No. 5,611,415 (the `...
ORDER PATRICK J. SCHILTZ, District Judge. Petitioner Richard D. Talbott seeks to be released from federal custody through a petition under 28 U.S.C. 2241 for a writ of habeas corpus. Rather than responding to the petition on the merits, the government moved to dismiss for lack of jurisdiction. Gov't Mot. Dismiss [Docket No. 9]. The government argued that Talbott is not eligible under 28 U.S.C. 2255(e) to bring a 2241 petition in this district but instead must bring a 2255 petition...
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 Fredy Armondo Gutierrez Martinez's ("Gutierrez Martinez") Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255 [Docket No. 322] ("2255 Motion"), Plaintiff the United States of America's (the "Government") Motion to Dismiss [Docket No. 324], and Gutierrez Martinez's Motion in Opposition to...
ORDER JOHN R. TUNHEIM, District Judge. Based upon the Stipulation executed by the parties dated 12/8/10 [Docket No. 185], IT IS HEREBY ORDERED that all claims against Defendants Johnson & Johnson, Ortho-McNeil Pharmaceutical, Inc and Johnson & Johnson Pharmaceutical Research & Development, LLC, are hereby DISMISSED, WITH PREJUDICE, from the above action. The caption shall be changed to read: John Schedin v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.
ORDER JOHN R. TUNHEIM, District Judge. Based on the parties' Stipulation for Settlement [Docket No. 5], the entire record, file and proceedings herein, and with the express understanding that Defendants admit to no wrongdoing. IT IS HEREBY ORDERED THAT: 1. As used herein, "Defendants" includes both David J. Eilers and Twin Cities Eye Specialists, Inc., as well as their agents, officers, servants, employees, representatives, and all other persons or entities acting in concert or...
