REPORT AND RECOMMENDATION STEVEN E. RAU , Magistrate Judge . The above-captioned case comes before the undersigned on Defendants' Motion to Dismiss [Doc. No. 13]. This matter was referred for the resolution of pretrial matters pursuant to 28 U.S.C. 636 and District of Minnesota Local Rule 72.1. For the reasons stated below, the Court recommends denying the Motion to Dismiss without prejudice. I. BACKGROUND Plaintiffs Maikijah Ha'Keem ("Ha'Keem"), Roy Hughes ("Hughes"), Jimmy Booker ("...
REPORT AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . On April 15, 2016, the Petitioner, Po Marner, was ordered removed by an immigration judge on the ground that he had been convicted of a crime which constituted a removable offense under the Immigration and Nationality Act, 8 U.S.C. 1182. (Doc. No. 13, Declaration of Ana H. Voss, Ex. 1 at 5.) On October 25, 2016, Marner filed the instant petition, challenging the length of his detention pending his removal to Burma. (Doc. No....
REPORTAND AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Defendant Houston Oliver was indicted on a single count of conspiracy to distribute cocaine. (Doc. No. 1, Indictment.) He was previously indicted for the same offense in United States v. Oliver, et al., Case No. 15-cr-164 (DSD/BRT). On March 14, 2016, the Government moved to dismiss the previous indictment against Defendant prior to trial. (Case No. 15-cr-164, Doc. No. 188.) That motion was granted by United States...
REPORT AND RECOMMENDATION HILDY BOWBEER , Magistrate Judge . This matter is before the Court on a Motion to Dismiss filed by the State of Minnesota, Honorable Philip Bush, Honorable Regina Chu, Work Force Center Vocational Rehabilitation Services, Thant Pearson, Barbara Schuler, Minnesota Department of Corrections, Kelsie Dolney, Jackie Busch, and Tom Roy (collectively, "State Defendants") [Doc. No. 9]; a Motion to Dismiss filed by City of Minneapolis, Gregory Jeddeloh, and Minneapolis...
REPORT AND RECOMMENDATION HILDY BOWBEER , Magistrate Judge . This matter is before the Court on Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Waiver of Security [Doc. No. 2]. Plaintiffs Scott and Rhonda Maki, on behalf of their minor child, C.K.M., move the Court for an Order (1) requiring Defendants Minnesota State High School League and Craig Perry to allow C.K.M. to continue to be fully varsity eligible during the pendency of this action; (2)...
AMENDED REPORT AND RECOMMENDATION FRANKLIN L. NOEL , Magistrate Judge . THIS MATTER came before the undersigned United States Magistrate Judge on December 12, 2016, on Defendant Lachlan Scott McConnell's motion to dismiss or in the alternative for severance (ECF No. 673). This matter was referred to the undersigned for Report and Recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. For the reasons that follow, the Court recommends that Defendant's motion be DENIED. I....
REPORT & RECOMMENDATION TONY N. LEUNG , Magistrate Judge . This matter is before the Court on Defendants' Motion to Reduce Asserted Claims. (Case No. 14-cv-4666, ECF No. 155; Case No. 14-cv-4669, ECF No. 167; Case No. 14-cv-4671, ECF No. 158; Case No. 14-cv-4672, ECF No. 164). These motions were referred to the undersigned for a report and recommendation to the Honorable John R. Tunheim, Chief United States District Judge for the District of Minnesota, pursuant to 28 U.S.C. 636. The...
REPORT AND RECOMMENDATION FRANKLIN L. NOEL , Magistrate Judge . This matter is before the undersigned United States Magistrate Judge on petitioner Antwaine Lavale Williams's petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. 2254. See ECF No. 1. The petition has been referred to this Court for a report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. This Court has conducted a preliminary review of Williams's habeas petition under Rule 4 of the Rules...
REPORT AND RECOMMENDATION TONY N. LEUNG , Magistrate Judge . This matter is before the undersigned United States Magistrate Judge on petitioner Earl A. Fry's petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. 2254. See ECF No. 1. The petition has been referred to this Court for a report and recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.1. This Court has conducted a preliminary review of Fry's habeas petition under Rule 4 of the Rules Governing Section...
ORDER PATRICK J. SCHILTZ , District Judge . Plaintiffs David Hamilton, Michael D. Perseke, Shawn Jamison, and Kaine Braun are civil detainees in the Minnesota Sex Offender Program ("MSOP"). Plaintiffs allege that they practice Asatru, "a polytheistic religion that originated in Northern Europe several centuries ago." Krieger v. Brown, 496 F. App'x 322, 323 (4th Cir. 2012). Plaintiffs brought this civil-rights action against several MSOP officials, alleging, in essence, that those...
MEMORANDUM OPINION AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JOHN R. TUNHEIM , District Judge . Plaintiff Kenneth Rozycki brings this action against Defendants Officer Matthew Smith, Officer Jeff Martin, and the City of Champlin, alleging claims under 42 U.S.C. 1983 and Minnesota law based on an encounter between Rozycki and the officers at Rozycki's home on April 20, 2014. Rozycki alleges that Martin and Smith violated his Fourth Amendment rights by entering his garage...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JOHN R. TUNHEIM , Chief Judge United States District Court . Plaintiff All Metro Glass, Inc. ("AMG") seeks to recover in contribution or indemnification from Defendant Tubelite, Inc. ("Tubelite") for the amount AMG paid to satisfy an 2014 arbitration award to the Independent School District 721 ("the District") for window remediation. AMG alleges Tubelite supplied defective window component materials —...
CLARIFICATION OF DECEMBER 8, 2016 ORDER JOHN R. TUNHEIM , Chief District Judge . Donald G. Heeman and Jessica J. Nelson, FELHABER LARSON, 220 South Sixth Street, Suite 2200, Minneapolis, MN 55402; Peter E. Calamari, Isaac Nesser, David Elsberg, and Anthony P. Alden, QUINN EMANUEL URQUHART & SULLIVAN, LLP, 51 Madison Avenue, 22 nd Floor, New York, NY 10010; and Johanna Ong, QUINN EMANUEL URQUHART & SULLIVAN, LLP, 865 South Figueroa Street, 10 th Floor, Los Angeles, CA 90017; and...
MEMORANDUM OPINION AND ORDER JOHN R. TUNHEIM , Chief District Judge . Plaintiffs Keith Guggenberger and Julie Miller filed these two related employment cases in state court, seeking damages arising from their September 2015 termination by Defendant Starkey Laboratories, Inc. ("Starkey"). In state court, Guggenberger and Miller served Starkey with various discovery requests. In separate proceedings, the United States indicted a number of other former Starkey employees, who were also...
MEMORANDUM OPINION AND ORDER ON REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JOHN R. TUNHEIM , Chief District Judge . Plaintiff Adam F. Blaskowski initiated this action in the United States District Court for the District of New Jersey on April 11, 2016. (Compl., Apr. 11, 2016, Docket No. 1.) The Complaint alleges Defendants State of Minnesota, Minnesota District Court Judge Vicki Landwehr, Minnesota Chief District Court Judge John Scherer, and Minnesota District Court Judge Mary Mahler (...
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JOHN R. TUNHEIM , Chief District Judge . This issue before the Court is whether complete diversity between the parties exists to satisfy the requirements for federal subject matter jurisdiction under 28 U.S.C. 1332. Plaintiff Total Automotive, Inc. ("Total") is a Minnesota corporation. Defendants Supply Line International, LLC ("SLI"), Global Parts Connection, LLC ("GPC"), Auto Source Network, LLC, Supply...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO TRANSFER VENUE JOHN R. TUNHEIM , Chief District Judge . This action arises from a third-party, fraudulent scheme whereby Plaintiff Upsher-Smith Laboratories ("Upsher-Smith") sent nine foreign exchange ("FX") wire transfers totaling approximately $52,509,373.49 to an individual claiming to act at the direction of Upsher-Smith's Chief Executive Officer ("CEO") in the acquisition of a company. Upsher-Smith commenced this action in Minnesota state...
MEMORANDUM OPINION AND ORDER AFFIRMING ORDER AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE JOHN R. TUNHEIM , Chief District Judge . Petitioner Chaun Carridine filed a petition for a writ of habeas corpus under 28 U.S.C. 2254, as well as a motion to compel discovery, seeking relief from his life sentence for first-degree premeditated murder. United States Magistrate Judge Franklin L. Noel issued an Order and Report and Recommendation ("R&R") dismissing Carridine's motion to...
ORDER PAUL A. MAGNUSON , District Judge . This matter is before the Court on Plaintiffs' Motion for Entry of Judgment. Plaintiffs seek a default money judgment against Defendant Construction Cleaning Specialists LLC. The Court held a hearing on the Motion on December 22, 2016. Christy E. Lawrie of McGrann Shea Carnival Straughn & Lamb, Chartered, appeared for and on behalf of the Plaintiffs. Robert Wollesen appeared on behalf of Construction Cleaning. FINDINGS OF FACT 1. The Complaint...
MEMORANDUM OPINION AND ORDER DONOVAN W. FRANK , District Judge . This matter is before the Court on Petitioner-Defendant Carol Louise Gillmore's ("Petitioner-Defendant") pro se motion to vacate, set aside or correct her sentence pursuant to 28 U.S.C. 2255. (Doc. No. 119.) The United States of America ("the Government") opposes Petitioner-Defendant's motion. (Doc. No. 122.) For the reasons set forth, the Court denies the Petitioner-Defendant's motion. BACKGROUND The above-entitled...
