Savig et al v. First National Bank of Omaha et al
Robert Savig and Mona Savig |
Messerli & Kramer, P.A. and First National Bank of Omaha |
0:2009cv00132 |
January 21, 2009 |
US District Court for the District of Minnesota |
DMN Office |
Becker |
Ericksen |
Erickson |
Consumer Credit |
15 U.S.C. ยง 1692 Fair Debt Collection Act |
Plaintiff |
Available Case Documents
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Filing 59 AMENDED ORDER re 39 Second MOTION for Summary Judgment filed by First National Bank of Omaha, Messerli & Kramer, P.A. IT IS ORDERED THAT:1.First National and Messerlis motion for summary judgment [Docket No. 39] is GRANTED.2.This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Joan N. Ericksen on March 11, 2011. (slf) |
Filing 57 ORDER granting 39 Motion for Summary Judgment. IT IS ORDERED THAT:1.First National and Messerlis motion for summary judgment [Docket No. 39] is GRANTED.2.This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Joan N. Ericksen on February 24, 2011. (slf) |
Filing 20 ORDER granting in part and denying in part 5 Motion for Judgment on the Pleadings. IT IS ORDERED THAT:1.Defendants motion for judgment on the pleadings, summary judgment, to certify questions of law to the Minnesota Supreme Court, or a stay of pro ceedings pending resolution of the certified questions [Docket No. 5] is GRANTED IN PART and DENIED IN PART.2.The following question is certified to the Minnesota Supreme Court:May a judgment creditor serve a garnishment summons on a joint account to satisfy the debt of an account holder when not all of the account holders are judgment debtors, and if so, (1) is it the judgment creditor or the account holders who bear the burden of establishing net contributions to the account during the garnish ment proceeding and (2) what applicable presumptions regarding ownership, if any, apply in the absence of proof of net contributions?The Court acknowledges that the Minnesota Supreme Court may reformulate this question. 3.The names and addresses of the parties counsel appear in Appendix A. 4.The Clerk of Court shall forward a copy of this Order to the Minnesota Supreme Court.5.This case is STAYED pending resolution of the certified question.(Written Opinion). Signed by Judge Joan N. Ericksen on July 6, 2009. (slf) |
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