FIRST PREMIER CAPITAL, LLC v. WILDWOOD INDUSTRIES, INC., 09-cv-00161 (PJS/TNL). (2012)
Court: District Court, D. Minnesota
Number: infdco20120619995
Visitors: 10
Filed: Jun. 01, 2012
Latest Update: Jun. 01, 2012
Summary: REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. WHEREAS, in a letter dated May 18, 2012, Plaintiff submitted a request to this Court for "an order administratively terminating this action without prejudice to [Plaintiff] or any party's right to move to reopen the proceedings for good cause shown, for entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation" in light of the protracted bankruptcy proceedings of Defendants Ga
Summary: REPORT & RECOMMENDATION TONY N. LEUNG, Magistrate Judge. WHEREAS, in a letter dated May 18, 2012, Plaintiff submitted a request to this Court for "an order administratively terminating this action without prejudice to [Plaintiff] or any party's right to move to reopen the proceedings for good cause shown, for entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation" in light of the protracted bankruptcy proceedings of Defendants Gar..
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REPORT & RECOMMENDATION
TONY N. LEUNG, Magistrate Judge.
WHEREAS, in a letter dated May 18, 2012, Plaintiff submitted a request to this Court for "an order administratively terminating this action without prejudice to [Plaintiff] or any party's right to move to reopen the proceedings for good cause shown, for entry of any stipulation or order, or for any other purpose required to obtain a final determination of the litigation" in light of the protracted bankruptcy proceedings of Defendants Gary K. and Toni J. Wilder (Docket No. 33);
WHEREAS, Plaintiff has previously been ordered to show cause why this matter "should not be dismissed without prejudice in view of defendants' ongoing bankruptcy proceedings," (Docket No. 24);
WHEREAS, Plaintiff's May 18 letter represents a change in position from Plaintiff's prior response to the order to show cause (compare Docket No. 33 with Docket No. 25);
WHEREAS, Federal Rule of Civil Procedure 41(a)(2) permits the Court to dismiss an action at the plaintiff's request;
IT IS HEREBY RECOMMENDED that Plaintiff's letter request (Docket No. 33) BE GRANTED and this matter be DISMISSED WITHOUT PREJUDICE. for the District of Minnesota
Source: Leagle
