Damon v. Groteboer et al
| Jean Francois Damon and Jacqueline Damon |
| Daniel Penz, Bryan Schoeppner, Daniel Groteboer, Merl Groteboer, RE/MAX of Rochester, Northwest Executives Brokerage Inc., Compark, LLC, Compark 6-2, LLC, Daniel Berndt, Lowell Penz, Jeremy Kane, James McPeak, John Wade, Edward Lunn, Darren Groteboer, Teresa Penz, Tom Haley, Alan Schafer, Julie Schafer, Joel Albert, Joel Larson, Jeff Bigler and Does 1-20 |
| 0:2010cv00092 |
| January 11, 2010 |
| US District Court for the District of Minnesota |
| XX Outside US |
| Tunheim |
| Noel |
| Other |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
215
MEMORANDUM OPINION AND ORDER (1) Jacqueline Damon is dismissed with prejudice from the action. (2) Granting in part and denying in part Realtor Defe ndants' 140 Motion for Partial Summary Judgment. (a) Motion granted as to the Damons' claims for consumer fraud (Count 1), deceptive trade practices (Count 2), civil theft (Count 5 ), civil conspiracy (Count 7), breach of contract (Count 13), unjust enrichment (Count 14), and promissory estoppel (Count 15). These claims are dismissed with prejudice. (b) M otion granted in part and denied in part, as described in the Memorandum Opinion, as to Damons' claims for fraud (Count 3), fraudulent nondisclosure (Count 4), and breach of fiduciary duty (Count 12). < b>(c) Motion denied as to the Damons' claims for conversion (Count 6), negligent misrepresentation (Count 9), and unilateral mistake (Count 10). (3) Denying Realtor Defendants' 144 Motion to Dismiss. (4) Granting in part and denying in part Compark Defendants' 149 Motion for Summary Judgment. (a) Motion granted as to the Damons' claims for consumer fraud (Count 1), deceptive trade practices (Count 2), civil conspiracy (Count 7), piercing the corporate veil (Count 8), breach of fiduciary duty (Count 12), u njust enrichment (Count 14), and promissory estoppel (Count 15). These claims are dismissed with prejudice. (b) Motion is granted in part and denied in part, as described in the Memorandum Opinion, as to the Damons' claims for fraud (Count 3) and fraudulent nondisclosure (Count 4). (c) Motion denied as to the Damons' claims for civil theft (C ount 5), conversion (Count 6), negligent misrepresentation (Count 9), and unilateral mistake (Count 10), denied as to the Compark Defendants' claim that the Court must dismiss for lack of jurisdiction. (5) Overruling Damons' 205 Objections to Magistrate Judge's 197 Order. (6) Overruling Damons' 206 Objections to Magistrate Judge's 202 Order. (7) Overruling Realtor Defendants' 207 Objections to Magistrate's 202 Order(Written Opinion). Signed by Judge John R. Tunheim on March 29, 2013. (DML)
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Filing
214
MEMORANDUM OPINION AND ORDER affirming 125 Order of the Magistrate Judge on Motion to Amend Pretrial Scheduling Order, to Amend the Complaint, and to Compel Discovery. Plaintiffs' 127 objections are overruled (Written Opinion). Signed by Judge John R. Tunheim on January 3, 2013. (DML)
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Filing
80
MEMORANDUM OPINION AND ORDER (1) granting in part and denying in part defendants' 13 Motion to Dismiss/General. Defendants' motion is granted as to Count XI of the Second Amended Complaint. De fendants' motion is denied in all other respects. (2) adopts with modifications the Magistrate Judge's 57 Report and Recommendation. (3) sustains plaintiffs' 61 objection as to Count VII and overrules plaintiffs' 61 objection as to Count XI. (4) overrules defendants' 64 objections (Written Opinion). Signed by Judge John R. Tunheim on March 14, 2011. (DML)
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Filing
59
ORDER that: 1. The deadline for objections to the September 24, 2010, Report and Recommendation is extended from October 12, 2010, to October 26, 2010; and 2. The deadline for responses to any objections is extended from October 26, 2010, to November 9, 2010.(Written Opinion) Signed by Judge John R. Tunheim on 10/8/10. (jam)
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Filing
20
ORDER re 19 Stipulation of Dismissal. IT IS HEREBY ORDERED that all claims brought by Plaintiffs in the above captioned matter against Defendants Daniel Berndt, Daniel Penz, Jeremy Kane, James McPeak, Teresa Penz, Tom Haley, and Julie Schafer are DISMISSED WITHOUT PREJUDICE and without costs or disbursements to any party.(Written Opinion). Signed by Judge John R. Tunheim on March 29, 2010. (HAM)
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Filing
2
ORDER for Disqualification and for Reassignment. (Written Opinion). Signed by Judge Richard H. Kyle on 01/13/10. (kll)
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