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10-4745 - Streambend Properties III, LLC et al v. Sexton Lofts, LLC et al


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10-4745 - Streambend Properties III, LLC et al v. Sexton Lofts, LLC et al
January 9, 2012
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MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Defendant Burnet Realty LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [Docket No. 25] is GRANTED as follows: 1. As to Burnet Realty LLC, Counts One, Two, Seven, and Eight are DISMISSED WITH PREJUDICE. 2. As to Burnet Realty LLC, Counts Four and Nine are DISMISSED; however, the Court grants Plaintiffs 30 days from the date of this Order to amend the SAC to plead fraud and negligent misrepresentation with particularity. If no amendment is made within 30 days, Counts Four and Nine are DISMISSED WITH PREJUDICE, and Burnet Realty LLC is DISMISSED as a Defendant in this case. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/8/12. (GRR)
June 20, 2012
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REPORT AND RECOMMENDATION to grant in part and deny in part 76 MOTION to Dismiss/General filed by Brett A. Thielen. Objections to R&R due by 7/5/2012. Signed by Magistrate Judge Steven E. Rau on 6/20/12. (kt) CC: Thielen. (kt)
July 10, 2012
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general denial pursuant to Rule 8(b)(3), the motion is DENIED. Within 45 days from the date this order, Thielen shall answer or otherwise respond to the SAC; and 3. To the extent the motion seeks to stay the case as to Thielen until 30 days after his release from incarceration, the motion is DENIED. Signed by Chief Judge Michael J. Davis on 7/10/12. (KMW) cc: Brett A. Thielen. Modified on 7/10/2012 (lmb).ORDER ADOPTING REPORT AND RECOMMENDATIONS for 128 Report and Recommendation (Written Opinion). Accordingly, IT IS HEREBY ORDERED that Defendant Brett A. Thielen's Motion to Denial of Rule 12, Federal Rules of Civil Procedures, Pursuant to Rule 8(b) 76 is GRANTED in part and DENIED in part as follows: 1. To the extent the motion seeks to prevent an entry of default against him at this time pursuant to Rule 12, the motion is GRANTED; 2. To the extent the motion seeks to be entered as a
September 28, 2012
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ORDER. IT IS HEREBY ORDERED: The United States Magistrate Judge's June 12, 2012 Order 127 is AFFIRMED IN PART and REVERSED IN PART 132 as follows: the Order is affirmed in all respects, except that to the extent that Plaintiffs' Third Motion for Leave to Amend the Complaint 37 seeks to amend their fraud and negligent misrepresentation claims, Count 4, 9, and 10, the motion is GRANTED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/28/12. (GRR) cc: Brett A. Thielen. Modified on 9/28/2012 (lmb).
September 28, 2012
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28/2012 (lmb).MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Plaintiffs' letter request to file a motion for reconsideration 138 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/28/12. (GRR) cc: Brett A. Thielen. Modified on 9/
January 28, 2013
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REPORT AND RECOMMENDATION to grant in part and deny in part 79 MOTION to Dismiss/General filed by Medved LP, Michael P. Medved, 54 MOTION to Dismiss/General pursuant to Rule 12(b)(6) filed by Nedal Abul-Hajj, Sexton I, LLC, 120 MOTION to Dismiss/General Second Amended Complaint filed by James M. Myers, MRM Management Corp Objections to R&R due by 2/11/2013. Signed by Magistrate Judge Steven E. Rau on 1/28/13. (kt) CC: Thielen. (kt)
February 25, 2013
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ek dismissal of Count III, Violation of Minn. Stat. 515B et seq., the motions are GRANTED;d. To the extent the motions seek dismissal of Count IV, Fraud, the motions are GRANTED;e. To the extent the motions seek dismissal of Count VII, Unjust Enrichment, the motions are GRANTED;f. To the extent the motions seek dismissal of Count IX, Negligent Misrepresentation (Against Developers), the motions are GRANTED;g. To the extent the motions seek any other forms of relief, the motions are DENIED. 3. In addition, although not specifically requested in the motions above, Count V, Wrongful Cancellation (Against Sexton Lofts, LLC); Count VI, Breach of Contract (against Sexton Lofts, LLC), and Count VIII, Minn. Stat. § 555.01, are DISMISSED. In sum, all claims against Defendants Nedal Abdul-Hajj; Sexton I, LLC; Medved LP; Michael P. Medved; MRM Management Corp.; and James M. Myers are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/24/13. (GRR)(cc: Brett A. Thielen)(TSS).ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau dated January 28, 2013 196. 2. Motion to Dismiss by Defendants Nedal Abdul-Hajj and Sexton I, LLC 54; Motion to Dismiss by Defendants Medved LP and Michael P. Medved 79; and Motion to Dismiss by Defendants MRM Management Corp. and James M. Myers 120 are GRANTED IN PART and DENIED IN PART as follows: a. To the extent the motions seek dismissal of Count I, Violation of 15 U.S.C. § 1703(a)(2)(B), they should be GRANTED;b. To the extent the motions seek dismissal of Count II, Violation of 15 U.S.C. § 1703(a)(2)(A) and (C), the motions are GRANTED;c. To the extent the motions se
July 24, 2013
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REPORT AND RECOMMENDATION that: 1. Plaintiffs' Request for Entry of Default against Robert T. Myers [Doc. No. 117] should be DENIED as moot; 2. Plaintiffs' Motion for Entry of Default against Robert Myers [Doc. No. 194] should be DENIED as moot; 3. Defendant Robert T. Myers'[s] Motion to Dismiss [Doc. No. 210] should be GRANTED; and 4. Robert T. Myers's should be DISMISSED with prejudice. Objections to R&R due by 8/7/2013. Signed by Magistrate Judge Steven E. Rau on 7/24/13. (jam)
August 26, 2013
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ORDER. IT IS HEREBY ORDERED: 1.The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated July 24, 2013 283. 2.Plaintiffs' Request for Entry of Default against Robert T. Myers 117 is DENIED as moot.3.Plaintiffs' Motion for Entry of Default against Robert Myers 194 is DENIED as moot. 4.Defendant Robert T. Myers' Motion to Dismiss 210 is GRANTED. 5.Robert T. Myers is DISMISSED with prejudice. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/26/13. (GRR)
December 3, 2013
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REPORT AND RECOMMENDATION AND ORDER: IT IS HEREBY ORDERED that: 261 Fourth MOTION to Alter/Amend/Supplement Pleadings is DENIED; 266 MOTION for Sanctions filed by Streambend Properties III, LLC, Streambend Properties IV, LLC is DENIED; 245 MOTION for Sanctions filed by Nedal Abul-Hajj, Sexton I, LLC is DENIED; 250 MOTION for Sanctions filed by James M. Myers, MRM Management Corp, Robert T. Myers is DENIED; 251 MOTION for Sanctions Pursuant to Fed. R. Civ. Pro. 11(C) filed by Medved LP is DENIED; 252 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11(c) filed by Burnet Realty, LLC is DENIED. IT IS HEREBY RECOMMENDED that: 232 MOTION for Entry of Default Against Brett Thielen filed by Streambend Properties III, LLC, Streambend Properties IV, LLC BE DENIED; 257 MOTION for Default Judgment as to JJT, LLC, JJT Development, LLC, Heather Enterprises II, LP, Regency Commercial Services of Minnesota, LLC, Regency Commercial Services, LC, Robert T. Myers, and Brett Thielen filed by Streambend Properties III, LLC, Streambend Properties IV, LLC BE DENIED; 247 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Burnet Realty, LLC BE GRANTED AND Burnet Realty LLC be DISMISSED with prejudice; All claims against Brett Thielen be DISMISSED with prejudice; The Clerk of Courts Entries of Default against Heather Enterprises II, LP 93; JJT Development LLP 94; Regency Commercial Services LC 96; Regency Commercial Services of Minnesota LLC 97; JJT LLC 106; and Sexton Lofts, LLC 107 BE VACATED; All claims against Heather Enterprises II, LP; JJT Development LLP; Regency Commercial Services LC; Regency Commercial Services of Minnesota LLC; JJT LLC; and Sexton Lofts, LLC be DISMISSED with prejudice; AND All claims against John Doe, Mary Rowe, and XYZ Corp. be DISMISSED with prejudice. Objections to R&R due by 12/17/2013. Signed by Magistrate Judge Steven E. Rau on 12/3/2013. (las)
January 28, 2014
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ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated December 3, 2013 299. 2. Plaintiffs' Motion for Entry of Default Against Brett Thielen 232 is DENIED. 3. Plaintiffs Motion for Entry of Default Judgment 257 is DENIED. 4. Defendant Burnet Realty LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) 247 is GRANTED and Burnet Realty LLC is DISMISSED with prejudice. 5. All claims against Brett Thielen are DISMISSED with prejudice. 6. The Clerk of Court's Entries of Default against Heather Enterprises II, LP 93; JJT Development LLC 94; Regency Commercial Services LC 96; Regency Commercial Services of Minnesota LLC 97; JJT LLC 106; and Sexton Lofts, LLC 107 are VACATED. 7. All claims against Heather Enterprises II, LP; JJT Development LLC; Regency Commercial Services LC; Regency Commercial Services of Minnesota LLC; JJT LLC; and Sexton Lofts, LLC are DISMISSED with prejudice. 8. All claims against John Doe, Mary Rowe, and XYZ Corp. are DISMISSED with prejudice. 9. In sum, all claims against all Defendants have now been DISMISSED, and this entire matter is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/28/14. (GRR)
July 7, 2015
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ORDER. IT IS HEREBY ORDERED: Jerald Hammann's Motion for Joinder or Substitution of Parties 318 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 7/7/15. (GRR) CC: Hammann. (kt)
March 27, 2017
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REPORT AND RECOMMENDATION: re 332 First MOTION vacate judgment submitted should be DENIED and 345 MOTION to Substitute Party should be DENIED. Signed by Magistrate Judge Steven E. Rau on 3/27/17. (cc: Hammann)(AKL)
May 17, 2017
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ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated March 27, 2017 348. 2. Plaintiffs' Motion for Relief from Judgment 332 is DENIED. 3. Plaintiffs' Motion for Substitution of Parties 345 is DENIED. 4. Plaintiffs' Motion to Strike Portions of Defendants' Response to Objections 352 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 5/17/17. (GRR)