REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. This matter is before the Court, United States Magistrate Judge Tony N. Leung, on Defendant Jamillo Donte Spight's Motion to Suppress and Prohibit DNA Testing (ECF No. 34). The Court heard oral argument on the motion on December 5, 2013. Carol Kayser represented the United States. A.L. Brown and Caroline Durham represented Spight. I. BACKGROUND Defendant is charged with being an armed career criminal in possession of a firearm in...
REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. This matter is before the Court, United States Magistrate Judge Tony N. Leung, on Petitioner Melvin L. Allen's Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254 (ECF No. 1). This matter has been referred to the Court for report and recommendation 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 Petitioner's request for habeas relief be denied. I....
MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. Plaintiff Deleski Insurance Agency, Inc. ("the Agency"), through its sole owner Jerry Deleski ("Deleski"), entered an agreement with Allstate Insurance Company ("Allstate") to serve as an Allstate insurance agent. Plaintiffs sued Allstate and Allstate employee David Hewitt in state court alleging several state law claims arising out of the termination of this agency relationship with Allstate. Defendants removed the matter to...
REPORT AND RECOMMENDATION FRANKLIN L. NOEL, Magistrate Judge. Plaintiff Dale F. Meyer seeks judicial review of the final decision of the Commissioner of Social Security ("Commissioner"), who found Plaintiff was not disabled for the period between August 2007 and January 7, 2009. This Court has jurisdiction over the claims pursuant to 42 U.S.C. 405(g). The parties submitted cross-motions for summary judgment. [Doc. Nos. 12, 19.] The matter was referred to the undersigned United States...
ORDER JOHN R. TUNHEIM, District Judge. NOTICE IS HEREBY GIVEN that John R. Leiviska, as the owner of a 2002 Sea-Doo XP PWC vessel and a 2002 Sea-Doo GTX PWC vessel, has filed a petition pursuant to 46 U.S.C. 30501 et seq., claiming the right to exoneration from or limitation of liability for any claims that have arisen or may arise out of an incident that occurred on the Mississippi River near Cohasset, Minnesota, on or about July 2, 2012 ("the incident"). The procedures governing such...
ORDER JOHN R. TUNHEIM, District Judge. Petitioner John R. Leiviska, as the owner of a 2002 Sea-Doo XP PWC vessel and a 2002 Sea-Doo GTX PWC vessel, has filed a petition pursuant to 46 U.S.C. 30501 et seq., claiming the right to exoneration from or limitation of liability for any claims that have arisen or may arise out of an incident that occurred on the Mississippi River near Cohasset, Minnesota, on or about July 2, 2012 ("the incident"). 1 The procedures governing such petitions are...
ORDER MICHAEL J. DAVIS, District Judge. Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated August 19, 2013 (ECF No. 66), along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that: 1. To the extent it requests the Complaint be dismissed, Mr. Gunnink's Motion (ECF No. 50) is DENIED AS MOOT.
REPORT AND RECOMMENDATION TONY N. LEUNG, Magistrate Judge. This matter is before the Court, United States Magistrate Judge Tony N. Leung, on Defendant Douglas John Gunnink's Motion to Dismiss (ECF No. 50). On August 13, 2013, the Court heard oral argument on the Government's Motion. Bahram Samie appeared for the Government, and Mr. Gunnink appeared pro se. 1 On June 25, 2013, Mr. Gunnink filed a Motion to Dismiss, requesting the Court to issue an order to show cause (1) why Mark C. Milton,...
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. The Commissioner of Social Security ("the Commissioner") 1 denied plaintiff Rickie Allen Kirchner's application for disability insurance benefits from October 2004 to February 26, 2009, under Title II of the Social Security Act ("the SSA"), 42 U.S.C. 423. Kirchner applied for disability insurance benefits due to back injury, narcolepsy, sleep apnea, and diabetes. This is Kirchner's second...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT JOHN R. TUNHEIM, District Judge. Plaintiff, Angela Schaefer, was employed by defendant, BioLife Plasma L.L.C. ("BioLife") before being terminated in December 2010 for falsifying an injury incident report and making false statements. Schaefer's complaint alleges that BioLife discharged her in retaliation for her application for workers' compensation benefits, in violation of Minn. Stat. 176.82, subd. 1. BioLife moves for...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JOHN R. TUNHEIM, District Judge. This is a declaratory judgment action brought by plaintiff Canal Insurance Company ("Canal") against defendant Great West Casualty Company ("Great West"). The underlying facts giving rise to this action involve a trucking accident. Douglas Amundson Trucking ("DAT") had arranged for Tim Bartness, doing business as TB Trucking (collectively, "Bartness") to pick up and deliver a load of...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS JOHN R. TUNHEIM, District Judge. This is a shareholder derivative action brought by Iron Workers Mid-South Pension Fund ("Iron") on behalf of nominal defendant U.S. Bancorp ("US Bank") against several of US Bank's current and former officers and directors. 1 US Bank's largest subsidiary, U.S. Bank National Association ("US Bank NA"), served as trustee of several trusts that invested in mortgage-backed securities. US Bank NA allegedly...
MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM, District Judge. Plaintiff Anthony Brown brought this putative class action against Defendant Wells Fargo Bank, N.A. ("Wells Fargo") 1 alleging that Wells Fargo violated the Electronic Funds Transfer Act, 15 U.S.C. 1693a et seq. ("EFTA"). On July 25, 2012, this Court granted partial summary judgment to Brown with respect to his claim that Wells Fargo had violated the EFTA by failing to provide "prominent and conspicuous" notice on the ATM...
MEMORANDUM OPINION AND ORDER ON PARTIAL MOTION TO DISMISS JOHN R. TUNHEIM, District Judge. This case arises from the alleged accidental shipment of an unapproved processing ingredient to a poultry company, which resulted in the United States Department of Agriculture ("USDA") requiring the company to destroy some of its poultry. The present motion pits defendant and third-party plaintiff Wenda America, Inc., ("Wenda"), who shipped the ingredient, against third-party defendant Gold'n Plump...
ORDER PATRICK J. SCHILTZ, District Judge. Defendant Diamond Drywall, Inc. ("Diamond") is a drywall contractor and signatory to certain collective-bargaining agreements ("CBAs") which require Diamond to make certain fringe-benefit contributions to plaintiffs (collectively "the Funds"). Defendants David and Karen Stellmach are the CEO and bookkeeper of Diamond, respectively. Defendant Frana Companies, Inc. ("Frana") is a general contractor that is not a signatory to the CBAs, but that...
REPORT AND RECOMMENDATION ON MOTION TO DISMISS AND ORDER ON MOTION TO AMEND AUTHUR J. BOYLAN, Chief Magistrate Judge. This action is before the court, Chief Magistrate Judge Arthur J. Boylan, on Motion to Dismiss [Docket No. 10] by defendants Hennepin County, et al., 1 and plaintiff Claire J. Lee's Motion for Leave to Amend Complaint [Docket No. 36]. Hearing on the motions was held on November 15, 2013, at the United States Courthouse, 316 North Robert Street, St. Paul, MN 55101. The case...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN R. TUNHEIM, District Judge. The above-captioned case comes before the undersigned on the Report and Recommendation of United States Magistrate Judge Steven E. Rau. No objections to the Report and Recommendation were filed within the requisite time period. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis, (Docket No. 2), be DENIED; 2. Petitioner's motion for appointment of counsel, (Docket No....
MEMORANDUM OPINION AND ORDER AFFIRMING THE BANKRUPTCY COURT ORDERS JOHN R. TUNHEIM, District Judge. This matter is before the Court on appeal from the March 4, 2013, order of United States Bankruptcy Judge Kathleen H. Sanberg. 1 Appellants are six entities that own real estate: Bowles Sub Parcel A, LLC; Bowles Sub Parcel B, LLC; Bowles Sub Parcel C, LLC; Fenton Sub Parcel A, LLC; Fenton Sub Parcel B, LLC; and Fenton Sub Parcel C, LLC (collectively "Bowles," "Debtors," or "Appellants")....
ORDER PATRICK J. SCHILTZ, District Judge. Plaintiff Kenneth T. Morse was fired by his employer, defendant Midwest Independent Transmission System Operator, Inc. ("MISO"), after he took a female coworker to lunch, told her that he was in love with her, and told her that he had sexual fantasies about her. Morse sued MISO, claiming that MISO failed to accommodate his Asperger's syndrome and thereby violated the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq., and the...
ORDER SUSAN RICHARD NELSON, District Judge. This matter is before the Court on Defendants' oral motions to offer expert testimony. ( See Def. Benedict's Mem. in Supp. Defense [Expert] Witness Testimony [Doc. No. 315]; Def. Carpenter's Mem. in Supp. Mot. to Offer Expert Testimony [Doc. No. 317].) For the reasons set forth herein, Defendants' motions are denied. I. BACKGROUND Defendants Benedict and Carpenter previously moved to exclude the testimony of certain cooperating witnesses and to...
