ORDER TONY N. LEUNG , Magistrate Judge . This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the Objection to Notice of Deposition or (In Alternative) Request for Protective Order. (ECF No 52) and Plaintiff's Motion and Notice of Motion to Compel Discovery. (ECF No. 50). For the reasons set forth below, the Court will grant a protective order and deny the motion to compel discovery. I. BACKGROUND Plaintiff Aaron L. Olson has noticed the deposition of Charity...
ORDER ON REPORT AND RECOMMENDATION SUSAN RICHARD NELSON , District Judge . The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED; 2....
ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on Plaintiff Brock Fredin's Motion for Leave to File a Second Amended Complaint [Doc. No. 69]. For the reasons set forth below, the Court denies Fredin's motion. I. BACKGROUND On November 8, 2019, Fredin filed the Complaint [Doc. No. 1] in this action for declaratory and injunctive relief against Defendants Middlecamp, Street, and Diamond. Four days later, he amended the complaint. (Am. Compl. [Doc. No. 9].)...
MEMORANDUM OPINION AND ORDER ANN D. MONTGOMERY , District Judge . I. INTRODUCTION This matter is before the undersigned United States District Judge for a ruling on Defendant Andrew Saul, Commissioner of Social Security's ("Commissioner") Objection [Docket No. 22] to Magistrate Judge Tony N. Leung's January 30, 2020 Report and Recommendation ("R&R") [Docket No. 21]. In the R&R, Judge Leung recommends granting in part and denying in part Plaintiff Stacey S.'s ("Plaintiff") Motion for...
ORDER SUSAN RICHARD NELSON , District Judge . This matter is before the Court on the Motions for Sanctions filed by Defendant Lindsey Middlecamp (17-cv-3058 [Doc. No. 111]), and Defendants Grace Miller and Catherine Schaefer (18-cv-466 [Doc. No. 102].) Having reviewed the parties' submissions, the Court rules as follows: 1. Defendants' motions for sanctions (17-cv-3058 [Doc. No. 111] & 18-cv-466 [Doc. No. 102]) are GRANTED in part and DENIED in part. The motions are denied in part to...
MEMORANDUM OF LAW & ORDER MICHAEL J. DAVIS , District Judge . I. INTRODUCTION This matter is before the Court on Brennan Walter Thomas' Pro Se Motion for Relief per First Step Act. [Docket No. 72] II. BACKGROUND On December 9, 2009, Defendant Brennan Walter Thomas pled guilty to Count 1 of the Indictment, Conspiracy to Distribute 50 Grams or More of a Mixture of Substance Containing a Detectable Amount of Cocaine Base, in violation of 21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846. [...
ORDER GRANTING DEFENDANT ABAXIS, INC.'S MOTION TO DISMISS JOHN R. TUNHEIM , District Judge . The above-captioned matter came before the Honorable John R. Tunheim on March 16, 2020, on Defendant Abaxis, Inc.'s motion for an order dismissing Plaintiff Midwest Veterinary Supply, Inc.'s Complaint (Dkt. # 1) in its entirety, with prejudice. Appearances were noted on the Court's record. Based upon all of the files, records and proceedings herein, and the arguments of counsel, the Court, being...
ORDER TONY N. LEUNG , Magistrate Judge . I. BACKGROUND On February 18, 2020, Defendant Christine Zuraff filed a "Motion to Dismiss or Transfer." ECF No. 26. Zuraff resides in Wisconsin and is an employee of the Wisconsin Department of Corrections. Zuraff's Mem. in Supp. at 6, ECF No. 27; Decl. of Christine Zuraff 2, ECF No. 28. Pursuant to Federal Rule of Civil Procedure 12(b)(2), Zuraff has moved that she be dismissed from this matter for lack of personal jurisdiction. The Court set...
ORDER PATRICK J. SCHILTZ , District Judge . This matter is before the Court on defendants' motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). Based on all of the files, records, and proceedings herein, and for the reasons stated on the record at the March 16, 2020 hearing, IT IS HEREBY ORDERED THAT: 1. Defendants' motion for judgment on the pleadings [ECF No. 13] is GRANTED IN PART and DENIED IN PART. a. The motion is DENIED as to plaintiff's individual-capacity...
ORDER PATRICK J. SCHILTZ , District Judge . Plaintiffs Michael and Janice Nowling (collectively, the "Nowlings") have a home-mortgage loan with defendant U.S. Bank Trust National Association, as Trustee of the Igloo Series II Trust ("U.S. Bank"). The loan is serviced by defendant SN Servicing Corporation ("SN Servicing"). In December 2017, the Nowlings began sending a series of letters to SN Servicing requesting information about their loan and disputing their remaining balance. After...
ORDER JOHN R. TUNHEIM , Chief District Judge . This matter came before the Court on Defendant Percy Strother's Motion for Hearing to Determine Competency of Defendant [Doc. No. 62]. Having considered the matter, IT IS HEREBY ORDERED that: 1. Defendant's motion is GRANTED. 2. Mr. Strother shall be committed for a reasonable period not to exceed 30 days to the custody of the Attorney General for placement in a suitable facility. The Court recommends that the evaluation take place in...
ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . Plaintiff Joseph G. commenced this action by filing a complaint seeking judicial review of an administrative decision to partially deny disability insurance benefits. The case is before the Court on the January 28, 2020 Report and Recommendation [ECF No. 18] issued by Magistrate Judge Hildy Bowbeer, which recommends granting Defendant Commissioner of Social Security's motion for summary judgment [ECF No. 15] and...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT NANCY E. BRASEL , District Judge . Plaintiffs Rachel and William Stewart filed this property damage and personal injury action against Norcold, Inc., Thetford Corporation, The Dyson-Kissner-Moran Corporation (together, the "Norcold Defendants"), as well as Camping World, Inc. ("Camping World"), and Does 1-50. [ECF No. 60-1 ("Compl.").] The action stems from a fire in Plaintiffs' recreational vehicle ("RV"). The fire was allegedly caused by the RV's...
ORDER RE: VIDEOCONFERENCING OF REMAINING WITNESSES SUSAN RICHARD NELSON , United States District Judge . This matter comes before the Court regarding a recent development involving the coronavirus, otherwise known as COVID-19. 1 Currently, Plaintiff ResCap Liquidating Trust ("ResCap") and Defendant Primary Residential Mortgage, Inc. ("PRMI") are engaged in a bench trial before the Court that began on February 10, 2020. ( See Minute Entry [Doc. No. 5425].) The Court held trial on...
ORDER WILHELMINA M. WRIGHT , District Judge . In these related bankruptcy matters, Appellant-Defendant BMO Harris Bank N.A. (BMO Harris) moves for leave to file an interlocutory appeal of the June 27, 2019 Order of the United States Bankruptcy Court for the District of Minnesota, which denied BMO Harris's motion for summary judgment. (Case No. 19-cv-1826, Dkt. 2-6.) BMO Harris also moves to stay the bankruptcy proceedings and for an order accepting a document under seal. (Case No. 19-cv-...
ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . Plaintiff Chelsea I. B. brought this action seeking Social Security disability benefits. Compl. [ECF No. 1]. The Parties filed cross-motions for summary judgment. ECF Nos. 11, 13. United States Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on January 31, 2020. ECF No. 18. Magistrate Judge Wright recommends granting Chelsea I. B.'s motion in part, remanding the case for further...
MEMORANDUM OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATION, AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS JOHN R. TUNHEIM , Chief District Judge . Plaintiff Seui Cavan brought a Bivens action claiming that personnel at FCI Sandstone violated his Eighth Amendment rights while he was incarcerated at that facility. Defendants filed Motions to Dismiss, and Cavan agreed to dismiss Defendant Mayer. The Magistrate Judge issued a Report and Recommendation ("...
ORDER HILDY BOWBEER , Magistrate Judge . Plaintiffs Grupo Petrotemex, S.A. de C.V. and DAK Americas LLC (hereafter referred to collectively as "GPT/DAK") move to compel Defendant Polymetrix, AG to produce in its entirety an opinion of counsel provided by Todd Noah to Polymetrix (through the latter's European patent counsel) in July 2017, along with all documents and communications related to that opinion. For the reasons set forth below, the motion is denied. I. Background 1 GPT/DAK...
ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . The Court has received the January 23, 2020 Report and Recommendation of United States Magistrate Judge Katherine Menendez. ECF No. 12. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793 , 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and...
ORDER ACCEPTING REPORT AND RECOMMENDATION ERIC C. TOSTRUD , District Judge . Magistrate Judge Elizabeth Cowan Wright issued a Report and Recommendation on January 24, 2020. ECF No. 22. Magistrate Judge Wright recommends denying and dismissing Miles's petition for a writ of habeas corpus and his other pending motions. Id. Miles filed an objection to the Report and Recommendation. ECF No. 23. Two of Miles's objections are sufficiently vague to warrant clear error review. See, e.g., United...
