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16-2418 - Kruckow v. Merchants Bank et al


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16-2418 - Kruckow v. Merchants Bank et al
July 19, 2017
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2013 report.) 1. Merchants Bank's Motion to Dismiss (Doc. No. 45) is GRANTED IN PART and DENIED IN PART as follows: a. Merchants Bank's Motion to Dismiss for Lack of Subject Matter jurisdiction is DENIED. b. Merchants Bank's Motion to Dismiss for Failure to State a Claim is GRANTED. c. Plaintiff's Amended Complaint (Doc. No. 35) is DISMISSED WITH PREJUDICE to the extent that it brought claims against Merchants Bank. d. Merchants Bank is DISMISSED as a party to this action. 2. Paul Kruckow's Motion to Dismiss (Doc. No. 50), Rushford State Bank's Motion to Dismiss (Doc. No. 58), and Craig Schroeder's Motion to Dismiss (Doc. No. 62) are GRANTED IN PART and DENIED IN PART as follows: a. The Motions to Dismiss for Lack of Subject Matter Jurisdiction are DENIED. b. The Motions to Dismiss for Failure to State a Claim are GRANTED IN PART and DENIED IN PART. Consistent with the Court's Memorandum Opinion, the Court DISMISSES WITH PREJUDICE claPARTIALLY VACATED PER 105 MEMORANDUM AND ORDER DATED 12/01/2017 - MEMORANDUM OPINION AND ORDER (to the extent that it dismissed Plaintiffs claims for violating FCRA, invasion of privacy, vicarious liability, and civil conspiracy for the November 8,ims in the Amended Complaint (Doc. No. 35) as follows: i. Count I-FCRA Violation-against Defendants Paul Kruckow, Schroeder, and Rushford State Bank for the February and November 2013 credit reports. ii. Count II-Invasion of Privacy-against Schroeder and Rushford State Bank for the February and November 2013 credit reports and for issuing the loans. iii. Count IV-Civil Conspiracy-against Defendants Paul Kruckow, Schroeder, and Rushford State Bank to the extent that the Court has dismissed the underlying claims. iv. Count V-Negligence-against Defendants Schroeder and Rushford State Bank in its entirety. v. Count VI-Vicarious Liabilityagainst Rushford State Bank to the extent that the Court has dismissed the underlying claims. (Written Opinion) Signed by Judge Donovan W. Frank on 7/19/2017. (BJS) Modified on 12/1/2017 (MMP).
September 14, 2017
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ORDER. Plaintiff's request for leave to file a motion for reconsideration (Doc. No. 90) is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiff may file a motion for reconsideration consistent with this order. 2. Plaintiff and Defendants Rushford State Bank and Schroeder shall meet and confer on a briefing schedule. The briefs shall not exceed 10 pages. 3. If the Court determines a hearing is necessary, then it will contact the parties to schedule such a hearing. 4. The Court respectfully denies the remainder of Plaintiffs request to file a motion for reconsideration. (Written Opinion). Signed by Judge Donovan W. Frank on 9/14/2017. (BJS)
December 1, 2017
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MEMORANDUM OPINION AND ORDER. 1. Plaintiff's Motion to Reconsider (Doc. No. 101) is GRANTED. 2. Consistent with this Order, the Court vacates its prior Memorandum Opinion and Order to the extent that it dismissed Plaintiffs claims for violating FCRA, invasion of privacy, vicarious liability, and civil conspiracy for the November 8, 2013 report. (Written Opinion) Signed by Judge Donovan W. Frank on 12/01/2017. (BJS)