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06-2806 - Arena Development Group, LLC et al v. Naegele Communications, Inc. et al


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06-2806 - Arena Development Group, LLC et al v. Naegele Communications, Inc. et al
August 30, 2007
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 47 Defendants' Motion to Dismiss; Plaintiffs' Request to Strike 60 Defendants' Memorandum of Law is denied as moot (Written Opinion). Signed by Judge Ann D. Montgomery on 08/30/2007. (tlu)
April 29, 2008
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 79 Defendants RNDB, Inc., Robert O. Naegele III, and David B. Battel's Motion for Judgment on the Pleadings. The Court intends to certify the following questions to the Minnesota Supreme Court: (1) Whether an officer, director, or shareholder of a transferee or subsequent transferee, who personally participated in the fraudulent transfer, can be held personally liable under Minnesota common law or pursuant to section 513.50 of the MFTA? (2) Whether a non-transferee may be held personally liable under Minnesota common law or pursuant to section 513.50 of the MFTA for conspiring with others to commit a fraudulent transfer? (3) Whether a non-transferee may be held personally liable under Minnesota common law or pursuant to section 513.50 of the MFTA for aiding and abetting a fraudulent transfer? If any party objects to the certification process, or the wording of the questions, they should file a memorandum stating their positions by Friday, May 9, 2008 (Written Opinion). Signed by Judge Ann D. Montgomery on 04/29/2008. (tlu)