REPORT AND RECOMMENDATION LEO I. BRISBOIS, Magistrate Judge. This matter comes before the undersigned United States Magistrate Judge upon Plaintiff's Motion for Attorneys' Fees and Nontaxable Expenses, [Docket No. 40]. The Honorable Michael J. Davis, Chief United States District Judge for the District of Minnesota, referred the present motion to the undersigned Magistrate Judge for report and recommendation, pursuant to 28 U.S.C. 636(b)(1)(B). (Order of Referral [Docket No. 47]). The Court...
REPORT AND RECOMMENDATION LEO I. BRISBOIS, Magistrate Judge. This matter came before the undersigned United States Magistrate Judge upon Defendant Christopher Harrison Headbird's ("Defendant") Motion to Suppress All Electronic Surveillance Evidence, [Docket No. 17], Motion to Suppress Search and Seizure Evidence, [Docket No. 18], and Motion to Suppress Statements of Defendant, [Docket No. 19]. This case has been referred to the undersigned Magistrate Judge for a report and recommendation, in...
REPORT AND RECOMMENDATION FRANKLIN L. NOEL, Magistrate Judge. THIS MATTER came before the undersigned United States Magistrate Judge on Petitioner James Edward Greer's amended petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 by a person in federal custody (ECF No. 7) 1 and Respondent Denise Wilson's motion to dismiss (ECF No. 16). This matter was referred to the undersigned for report and recommendation under 28 U.S.C. 636 and Local Rule 72.1. Petitioner challenges his...
REPORT AND RECOMMENDATION STEVEN E. RAU, Magistrate Judge. This matter is before the undersigned United States Magistrate Judge on petitioner Royce Gregory Loudner' request for a writ of habeas corpus. See 28 U.S.C. 2241; ECF No. 1. The petition has been referred to this Court for report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. This Court has conducted a preliminary review of Loudner's habeas petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases...
REPORT AND RECOMMENDATION FRANKLIN L. NOEL, Magistrate Judge. THIS MATTER came before the undersigned United States Magistrate Judge on December 1, 2014 on Respondent's motion to summarily deny the petition to quash IRS summonses (ECF No. 8). The matter was referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. 636. For the reasons set forth below, the Court recommends that Respondent's motion be GRANTED, and the Petitioner's petition be DISMISSED. I....
LEO I. BRISBOIS, Magistrate Judge. This matter comes before the undersigned United States Magistrate Judge upon the routine supervision of the cases that pend before the Court pursuant to a general assignment made in accordance with the provisions of 28 U.S.C. 636. On December 15, 2014, Petitioner Nakerrick Mosby ("Petitioner") filed a motion for an extension of time to file a petition for a writ of habeas corpus, [Docket No. 1]. No habeas petition currently pends before the Court. 1...
REPORT AND RECOMMENDATION JANIE S. MAYERON, Magistrate Judge. The above matter came before the undersigned United States Magistrate Judge on Defendant's Motion to Suppress Statements [Docket No. 20] and Defendant's Motion to Suppress Evidence Obtained in Search [Docket Nos. 19, 26]. David P. Steinkamp, Assistant U.S. Attorney, appeared on behalf of the Government. Jeff DeGree, Esq. appeared on behalf of defendant, who was personally present. This matter has been referred to this Court for a...
REPORT AND RECOMMENDATION JANIE S. MAYERON, Magistrate Judge. The above matter came before the undersigned upon this Court's Order to Show Cause dated November 17, 2014 [Docket No. 85]. Douglas B. Altman, Esq. and Greg Woodward, Esq. appeared on plaintiff's behalf. Christopher Ganter, Managing Member of defendant, appeared by telephone. This matter has been referred to the undersigned Magistrate Judge for a Report and Recommendation by the District Court pursuant to 28 U.S.C. 636(b)(1)(A), (...
REPORT AND RECOMMENDATION STEVEN E. RAU, Magistrate Judge. Petitioner Kenneth W. Benzo filed a petition for a writ of habeas corpus under 28 U.S.C. 2241. In an order dated October 22, 2014, this Court observed Benzo's petition was unclear about whether he had first exhausted available state remedies before seeking federal habeas relief. See ECF No. 3 at 2 (citing Sacco v. Falke, 649 F.2d 634 , 635-36 (8th Cir. 1981)). Accordingly, this Court ordered Benzo to file an affidavit no later...
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTIONS TO DISMISS AND FOR SANCTIONS JEFFREY J. KEYES, Magistrate Judge. This matter is before the Court, Magistrate Judge Jeffrey J. Keyes, on a joint motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) on behalf of all Defendants (Doc. No. 7), and a joint motion for sanctions on behalf of all Defendants (Doc. No. 14). The motions have been referred to this Court for Report and Recommendation under 28 U.S.C. 636(b)(1). A hearing was held on...
AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT 1 SUSAN RICHARD NELSON, District Judge. This case arises out of a dispute concerning Plaintiff Ellen S. Ewald's employment with Defendant Royal Norwegian Embassy (the "Embassy"). Plaintiff alleges pay discrimination, claiming that the Embassy violated the Equal Pay Act (the "EPA"), 29 U.S.C. 206(d)(1), and the Minnesota Human Rights Act ("MHRA"), Minn. Stat. 363A.08, Subd. 2. (Am. Compl. Counts III and VI [Doc. No. 104]....
ORDER JOAN N. ERICKSEN, District Judge. Plaintiff Ann Klinge is a Minnesota resident who purchased goods from Defendant Gem Shopping Network, Inc. (GSN), a Georgia corporation with its principal place of business in Georgia that sells gemstones and jewelry through its 24-hour television channel. Klinge alleges that GSN violated several Minnesota consumer protection and trade practices statutes and committed intentional and negligent misrepresentation. This matter is before the Court on...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT SUSAN RICHARD NELSON , District Judge . This case arises out of a dispute concerning Plaintiff Ellen S. Ewald's employment with Defendant Royal Norwegian Embassy (the "Embassy"). Plaintiff alleges pay discrimination, claiming that the Embassy violated the Equal Pay Act (the "EPA"), 29 U.S.C. 206(d)(1), and the Minnesota Human Rights Act ("MHRA"), Minn.Stat. 363A.08, Subd. 2. (Am. Compl. Counts III and VI [Doc. No. 104].) She...
REPORT AND RECOMMENDATION LEO I. BRISBOIS, Magistrate Judge. This matter came before the undersigned United States Magistrate Judge upon Plaintiff's Motion for Default Judgment and Award of Attorneys' Fees and Costs Against Defendants Praestans One, LLC, Naresh Amin, Sanjay Amin, Ramesh Joshi, and Vijay Modi, [Docket No. 66]. The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, referred the present motion to the undersigned Magistrate Judge for report...
ORDER PATRICK J. SCHILTZ, District Judge. Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, it is — ORDERED: 1. That Plaintiff's Motion for Default Judgment and Award of Attorneys' Fees and Costs Against Defendants Praestans One, LLC, Naresh Amin, Sanjay Amin, Ramesh Joshi, and Vijay Modi, [Docket No. 66], is GRANTED; 2. That default judgment in...
ORDER RICHARD H. KYLE, District Judge. This matter is before the Court on the Motion of Plaintiff AIRGO Systems, LLC ("AIRGO") for a Temporary Restraining Order (Doc. No. 5). For the reasons that follow, the Motion will be denied. 1 AIRGO is an Oklahoma company that develops, manufactures, and distributes automatic tire inflation ("ATI") systems used in the commercial trucking industry. Beginning in 2009, it purchased from Defendant Berkness Swiss, LLC ("Berkness"), a manufacturing company...
REPORT AND RECOMMENDATION JEFFREY J. KEYES, Magistrate Judge. Introduction This matter is currently before this Court on Defendant Cavalry Portfolio's Motion to Confirm Arbitration Award. (Doc. No. 40.) For the reasons stated below, the Court recommends granting Defendant's motion. Background Plaintiff Barbara Bennett is a former employee of Defendant Cavalry Portfolio Services. (Doc. No. 5 at 2.) On January 9, 2012, Plaintiff and Defendant entered into a Binding Arbitration Agreement and...
ORDER PATRIRICK J. SCHILTZ, District Judge. This matter is before the Court on (1) the objection of plaintiffs ("the Trustees") to the September 29, 2014 discovery order of Magistrate Judge Steven E. Rau and (2) the objections of defendant Frana Companies, Inc. ("Frana") to that order as well as to Judge Rau's third amended pretrial scheduling order dated September 30, 2014. Judge Rau ordered Frana to produce documents going back to August 15, 2007, which is the beginning of the six-year...
ORDER PATRICK J. SCHILTZ, 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 Defendant's Motion for Summary Judgment [Doc No. 39] is GRANTED, and this action is dismissed with prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY.
REPORT AND RECOMMENDATION STEVEN E. RAU, Magistrate Judge. The above-captioned case comes before the undersigned on Defendant JP Morgan Chase's ("JP Morgan") Motion for Summary Judgment. (JP Morgan's Mot. for Summ. J., "Mot. for Summ. J.") [Doc. No. 39]. This matter has been referred for the resolution of pretrial matters pursuant to 28 U.S.C. 636(b)(1)(A) and District of Minnesota Local Rule 72.1. In addition, the Honorable Patrick J. Schiltz referred all dispositive motions to the...
