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11-2529 - Blue Cross Blue Shield of Minnesota et al v. Wells Fargo Bank, N.A.


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11-2529 - Blue Cross Blue Shield of Minnesota et al v. Wells Fargo Bank, N.A.
April 18, 2012
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MEMORANDUM OPINION AND ORDER. Defendant Wells Fargo Bank, N.A.'s Amended Motion to Dismiss (Doc. No. 41) is DENIED.(Written Opinion). Signed by Judge Donovan W. Frank on 4/18/2012. (BJS)
July 5, 2012
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ORDER affirming Magistrate Judge Jeanne J. Graham's May 31, 2012 Order 113. (Written Opinion.) Signed by Judge Donovan W. Frank on 07/05/2012. (rlb)
November 9, 2012
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ORDER. 1. Magistrate Judge Jeanne J. Graham's September 17, 2012 order (Doc. No. 203) and September 27, 2012 order (Doc. No. 209) are AFFIRMED and 2. Plaintiffs' Consolidated Objections to Magistrate Judge Jeanne J. Graham's September 17, 2012 order and September 27, 2012 order (Doc. No. 210) are OVERRULED. (Written Opinion). Signed by Judge Donovan W. Frank on 11/9/2012. (BJS)
June 4, 2013
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MEMORANDUM OPINION AND ORDER. 1. Plaintiffs' Motion for Partial Summary Judgment on Wells Fargo's Affirmative Defenses Based on the Business Trust (Doc. No. 231) is DENIED. 2. Wells Fargo Bank, N.A.'s Motion for Partial Summary Judgment and to Certify Question to Minnesota Supreme Court (Doc. No. 237) is DENIED. 3. Plaintiffs' Motion to Exclude the Expert Opinions of John J. McConnell (Doc. No. 224) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 6/4/2013. (BJS)
June 4, 2013
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MEMORANDUM OPINION AND ORDER. Wells Fargo's Motion for Bench Trial of ERISA and Non-ERISA Fiduciary Duty Claims (Doc. No. 297) is GRANTED IN PART and DENIED IN PART as follows: 1. To the extent Wells Fargo seeks a bench trial of Plaintiffs' ERISA fiduciary duty claim (Count I(b)), the motion is GRANTED. 2. To the extent Wells Fargo seeks a bench trial of Plaintiffs' non-ERISA fiduciary duty claim (Count I(a)), the motion is DENIED. 3. The Court adopts Plaintiffs' proposal for trial of this matter. (Written Opinion). Signed by Judge Donovan W. Frank on 6/4/2013. (BJS)
June 14, 2013
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ORDER ruling on Motions in Limine (See Order for Details). (Written Opinion). Signed by Judge Donovan W. Frank on 6/14/2013. (BJS) Modified on 6/26/2013 (akl).
October 2, 2014
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MEMORANDUM OPINION AND ORDER. 1. Plaintiffs' Rule 59 Motion for a New Trial on the Breach of Fiduciary Duty Claims (Doc. No. 613) is DENIED. 2. ERISA Plaintiffs' Rule 52(b) Motion to Amend, or in the Alternative, for a New Trial Under Rule 59 (Doc. No. 617) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 10/2/2014. (BJS)
October 2, 2014
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Count I(b) (Breach of Fiduciary Duty ERISA) and Count VII (Minnesota Deceptive Trade Practices Act) were tried to the Court. For the reasons described above, the Court now finds in favor of Defendant on Count I(b) and Count VII. As such, Count I(b) and Count VII of the Third Amended Complaint (Doc. No. 200) are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 10/2/2014. (BJS) Modified text on 6/13/2017 (ACH).VACATED PER 696 ORDER. AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT. 1. Plaintiffs WITHDREW their Negligent Misrepresentation claim during the jury trial. As such, Count IV of the Third Amended Complaint (Doc. No. 200) is DISMISSED WITH PREJUDICE. 2. On August 8, 2013, the jury reached a verdict in favor of Defendant on each of the following counts: Count I(a) (Breach of Fiduciary Duty Non-ERISA); Count II (Breach of Contract); Count III (Intentional Fraud); Count V (Minnesota Consumer Fraud Act); and Count VI (Minnesota Unlawful Trade Practices Act). (Doc. No. 557.) As such, Count I(a), Count II, Count III, Count V, and Count VI of the Third Amended Complaint (Doc. No. 200) are DISMISSED WITH PREJUDICE. 3.
April 13, 2017
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MEMORANDUM OPINION AND ORDER. 1. Defendant's request for leave to file a motion for reconsideration (Doc. No. 684) is GRANTED IN PART and DENIED IN PART as follows: a. Defendant may file a motion for reconsideration consistent with this order no later than May 5, 2017; b. Defendant may file, also by May 5, 2017, a brief in support of their motion for reconsideration of no more than 10 pages; c. Plaintiffs may file a responsive brief of no more than 10 pages by May 12, 2017; d. If the Court determines a hearing is necessary, it will contact the parties to schedule such a hearing; and e. The Court respectfully denies Defendants request for reconsideration as to any other issues. (Written Opinion). Signed by Judge Donovan W. Frank on 4/13/2017. (BJS)
June 8, 2017
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MEMORANDUM OPINION AND ORDER 1. Defendant's Motion to Reconsider (Doc. No. 692) is DENIED. 2. To the extent that the Amended Findings of Fact, Conclusions of Law, and Order for Judgment (Doc. No. 640) was inconsistent with this Memorandum Opinion and Order and the March 14, 2017 Memorandum Opinion and Order (Doc. No. 677) on the issue of waiver of collateral estoppel of the jury verdict as to the ERISA Plaintiffs' claims, the Amended Findings of Fact, Conclusions of Law, and Order for Judgment is VACATED. 3. Within 30 days of this order, the parties will submit proposed findings of fact and conclusions of law regarding the ERISA Plaintiffs claims. The proposed findings of fact and conclusions of law should include appropriate citations to the record. 4. The parties will also meet and confer on a briefing schedule on the appropriate measure of damages as outlined in Wells Fargo's March 28, 2017 letter (Doc. No. 683). The Court reserves the right to hear argument on the issue.(Written Opinion) Signed by Judge Donovan W. Frank on 6/8/2017. (BJS) Modified text on 6/8/2017 (ACH).