Toomey v. Dahl

Toomey v. Dahl

Plaintiff:	Sherry Toomey
Defendant:	Keith Dahl
Case Number:	0:2014cv03249
Filed:	August 22, 2014
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Ramsey
Presiding Judge:	Joan N. Ericksen
Presiding Judge:	Tony N. Leung
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
October 30, 2014	Filing 33 ORDER: (1) Defendant's Motion to Transfer/Change Venue [Docket No. 3 ] is DENIED. (2) Defendant's Motion to Dismiss for Lack of Personal Jurisdiction [Docket No. 14 ] is DENIED. (3) Defendant's Motion to Dismiss for Failure to Sta te a Claim [Docket No. 14 ] is GRANTED IN PART and DENIED IN PART as follows: (a) As to Counts One and Two (misrepresentation and breach of fiduciary duty), the motion is GRANTED and the claims DISMISSED. (b) As to Counts Three and Four (breach of contract and promissory estoppel), the motion is GRANTED with respect to Defendant's promise to compensate Plaintiff for the services she performed, and DENIED with respect to Defendant's promise to repay Plaintiff for the funds she advanced. (c) As to Counts Five and Six (unjust enrichment and conversion), the motion is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 30, 2014. (CBC)

Date Filed

Document Text

October 30, 2014

Filing 33 ORDER: (1) Defendant's Motion to Transfer/Change Venue [Docket No. 3 ] is DENIED. (2) Defendant's Motion to Dismiss for Lack of Personal Jurisdiction [Docket No. 14 ] is DENIED. (3) Defendant's Motion to Dismiss for Failure to Sta te a Claim [Docket No. 14 ] is GRANTED IN PART and DENIED IN PART as follows: (a) As to Counts One and Two (misrepresentation and breach of fiduciary duty), the motion is GRANTED and the claims DISMISSED. (b) As to Counts Three and Four (breach of contract and promissory estoppel), the motion is GRANTED with respect to Defendant's promise to compensate Plaintiff for the services she performed, and DENIED with respect to Defendant's promise to repay Plaintiff for the funds she advanced. (c) As to Counts Five and Six (unjust enrichment and conversion), the motion is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 30, 2014. (CBC)

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Plaintiff: Sherry Toomey
Represented By:	Rebecca J Heltzer
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Defendant: Keith Dahl
Represented By:	Matthew J.M. Pelikan
Represented By:	Christopher W Madel
Represented By:	Jennifer M Robbins
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