MEMORANDUM OPINION AND ORDER FILED UNDER SEAL SUSAN RICHARD NELSON , District Judge . I. INTRODUCTION Plaintiff Solutran, Inc. ("Solutran") holds a U.S. patent, numbered 8,311,945 (the "'945 Patent"). The patent details an innovative method for electronically processing the paper checks that merchants receive from customers. In September of 2013, Solutran accused Defendants U.S. Bank and Elavon (collectively, "U.S. Bank") of infringing this patent. After years of litigation, including a...
REPORT AND RECOMMENDATION DAVID T. SCHULTZ , Magistrate Judge . On November 16, 2018 Yonto T. filed a Petition for a Writ of Habeas Corpus challenging his continued detention pending deportation. Docket No. 1. On December 20, 2018 the Government filed a response stating that Petitioner had been deported to Liberia on December 11, 2018. Docket No. 7; Kalob Kresser Decl. 3 and Ex. 1 (executed Warrant of Removal/Deportation); Docket Nos. 8, 8-1. Article III of the United States...
REPORT AND RECOMMENDATION HILDY BOWBEER , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), Plaintiff Jeffrey C. seeks review of the Acting Commissioner of Social Security's (the "Commissioner") denial of his application for disability insurance benefits ("DIB"). See (Compl.) [Doc. No. 1 at 1]. The parties filed cross-motions for summary judgment. (Pl.'s Mot. for Summ. J. [Doc. No. 10]; (Def.'s Mot. for Summ. J. [Doc. No. 17].) For the reasons set forth below, the Court recommends that...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter came before the undersigned United States Magistrate Judge pursuant to an Order of referral from the Honorable Joan N. Ericksen, [Docket No. 24], made in accordance with the provisions of 28 U.S.C. 636(b)(1), and upon Defendants' Motion to Dismiss. [Docket No. 16]. On October 25, 2018, the Court established a briefing schedule for Defendants' Motion to Dismiss. (Briefing Schedule [Docket No. 25]). In accordance...
REPORT AND RECOMMENDATION TONY N. LEUNG , Magistrate Judge . This matter is before the Court, United States Magistrate Judge Tony N. Leung, on Defendants Sun Country Airlines, Minnesota Airlines, John Fredrickson, Matthew Hoiness, and David Johnson's Motion to Dismiss. (ECF No. 11). This motion has been referred to the undersigned magistrate judge for a report and recommendation to the Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, pursuant to 28 U....
REPORT AND RECOMMENDATION STEVEN E. RAU , Magistrate Judge . This matter is before the Court on the Motion to Dismiss of Defendants Smith, Wherley, Reishus, Wheeler, Magadanz, Meyer, and Mike, (ECF No. 151), and Plaintiff Fredrick Dewayne Hines' Motion for Leave to File an Amended Complaint According to Rule 15(a)(2), (ECF No. 164). This action was referred for a report and recommendation under 28 U.S.C. 636 and Local Rule 72.2(b). For the reasons stated below, this Court recommends that...
REPORT AND RECOMMENDATION HILDY BOWBEER , Magistrate Judge . This matter is before the Court on Defendant Referee Elizabeth Clysdale's Motion to Dismiss [Doc. No. 38]; Defendants Grace Elizabeth Miller, Catherine Marie Schaefer, and Lindsey Middlecamp's Motion to Dismiss [Doc. No. 44]; Defendant Sergeant David E. McCabe's Motion to Dismiss [Doc. No. 49]; and Plaintiff Brock Fredin's Motion for Leave to File a Second Amended Complaint [Doc. No. 80]. The motions to dismiss were referred to...
REPORTAND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), Plaintiff seeks judicial review of the final decision of the Commissioner of Social Security ("the Commissioner") denying his application for supplemental security income ("SSI") benefits. This matter is before the Court on the parties' cross-motions for summary judgment, in accordance with D. Minn. LR 7.2(c)(1). (Doc. Nos. 12, 15.) The matter is referred to the undersigned for a Report and...
REPORT AND RECOMMENDATION DAVID T. SCHULTZ , Magistrate Judge . On July 2, 2018 Petitioner filed a Petition for a Writ of Habeas Corpus challenging his continued detention pending deportation. Docket No. 1. On August 9, 2018 the Government filed a response [Docket No. 12] stating that Petitioner's 90-day removal period following his June 5, 2018 Removal Order would end on September 3, 2018 and a 90-day custody review would take place on or before that date. See Richard Pryd Jr. Decl. (...
REPORT AND RECOMMENDATION BECKY R. THORSON , Magistrate Judge . Pro se Plaintiff James Brown brings claims related to his medical treatment at the Federal Medical Center in Rochester, Minnesota. (Doc. No. 21, Am. Compl.) Plaintiff alleges that the Defendants in this action violated his federal and constitutional rights in a variety of ways, including by giving him insufficient supplemental oxygen, confiscating his motorized wheelchair and forcing him to use a manual wheelchair, and...
ORDER PATRICK J. SCHILTZ , District Judge . Defendant Gregory Nelson used to work as a Client Development Officer for plaintiff Wilmington Trust, N.A. In November 2018, Nelson left Wilmington Trust to join SRS Acquiom ("SRS"), one of Wilmington Trust's competitors. Wilmington Trust responded to Nelson's departure by suing him, alleging that, while he was still employed by Wilmington Trust, Nelson breached his contractual obligations, committed fraud, violated his duty of loyalty, and...
ORDER SUSAN RICHARD NELSON , 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. The petition for a writ of habeas corpus of petitioner Eddie Matthew Mosley [Doc. No. 1] is DENIED AS UNTIMELY. 2. This case is DISMISSED. 3. No certificate of appealability...
REPORT AND RECOMMENDATION STEVEN E. RAU , Magistrate Judge . Petitioner Eddie Matthew Mosley filed a petition for a writ of habeas corpus challenging multiple convictions for first-degree murder incurred in state court. See 28 U.S.C. 2254. The petition is now before the Court pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Based on that review, this Court now recommends that the petition be denied as untimely. Mosley was indicted by a...
ORDER ELIZABETH COWAN WRIGHT , Magistrate Judge . This matter is before the Court on Plaintiff Susan B.B.'s ("Plaintiff") Motion for Summary Judgment (Dkt. No. 17) ("Motion") and Defendant Acting Commissioner of Social Security Nancy A. Berryhill's ("Defendant") Cross Motion for Summary Judgment (Dkt. No. 21) ("Cross Motion"). Plaintiff filed this case seeking judicial review of a final decision by Defendant denying her application for disability insurance benefits. She specifically...
ORDER TONY N. LEUNG , Magistrate Judge . This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the United States of America's Motion for a Stay of Discovery in Light of Lapse of Appropriations (ECF No. 46). Department of Justice attorneys are prohibited from working, even on a voluntary basis, except in very limited circumstances, such as "emergencies involving the safety of human life or the protection of property" until funding is restored to the Department....
MEMORANDUM AND ORDER PAUL A. MAGNUSON , District Judge . This matter is before the Court on Defendants' Motion for Attorney's Fees and Costs (Docket No. 316) and Plaintiff's Motion for Review of the Clerk's Taxation of Costs (Docket No. 346). For the following reasons, Defendants' Motion is granted and Plaintiffs' Motion is denied. BACKGROUND This case arises from Defendants' alleged failure to make contributions to three multi-employer, jointly trusteed fringe benefit plans (the "Funds")...
REPORT AND RECOMMENDATION LEO I. BRISBOIS , Magistrate Judge . This matter comes before the undersigned United States Magistrate Judge pursuant to a general referral in accordance with the provisions of 28 U.S.C. 636 and Local Rule 72.1, as well as, upon Petitioner David Earl Wattleton's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. [Docket No. 1]. Petitioner David Earl Wattleton "was indicted for making bomb threats, in violation of 18 U.S.C. 844(e)" in the United...
MEMORANDUMOPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE SUSAN RICHARD NELSON , District Judge . This case is before the Court on Plaintiff's objections ("Objection") [Doc. No. 14] to United States Magistrate Judge Katherine Menendez's October 17, 2018, Report and Recommendation ("R&R") [Doc. No. 13]. Magistrate Judge Menendez recommended that the Court deny Plaintiff's motion for a temporary restraining order ("TRO") and preliminary injunction ("Motion"). (R&R at...
ORDER STEVEN E. RAU , Magistrate Judge . This matter is before the Court, United States Magistrate Judge Steven E. Rau, on the parties' non-dispositive pretrial motions. Based upon the record, motions and memoranda, and the arguments of counsel at the hearing and in their respective filings, IT IS HEREBY ORDERED as follows: 1. Defendant's Motion for Release of Brady Materials (ECF No. 13) is GRANTED in part and DENIED in part. The Government represents it is aware of its obligations...
ORDER PATRICK J. SCHILTZ , District Judge . Defendant Alexander Blackwell has been charged with various childpornography offenses. Blackwell has moved to suppress (1) physical evidence obtained as a result of a search of Blackwell's vehicle at the Canadian border by agents of U.S. Customs and Border Protection ("CBP"); (2) statements made by Blackwell to CBP agents on the day of the search; and (3) statements made by Blackwell to an agent of the U.S. Department of Homeland Security ("DHS")...
