Streambend Properties III, LLC et al v. Sexton Lofts, LLC et al
| Streambed Properties III, LLC and Strembend IV, LLC |
| Sexton Lofts, LLC, JJT LLC, JJT Development LLC, Heather Enterprises II, LP, Medved LP, MRM Management Corp, Regency Commercial Services of Minnesota LLC, Regency Commercial Services LC, Sexton I, LLC, Brett A. Thielen, James M. Meyers, Robert T. Meyers, Michael P. Medved, Nedal Abul-Hajj, Burnet Realty, LLC, John Doe, Mary Rowe and XYZ, Corp. |
| 0:2010cv04745 |
| November 29, 2010 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Michael J. Davis |
| Susan R. Nelson |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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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
353
ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated March 27, 2017 348 . 2. Plaintiffs' Motion for Relief from Judgment 332 is DENIED. 3. Plaintiffs' Motion for Substitution of Parties 345 is DENIED. 4. Plaintiffs' Motion to Strike Portions of Defendants' Response to Objections 352 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 5/17/17. (GRR)
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Filing
320
ORDER. IT IS HEREBY ORDERED: Jerald Hammann's Motion for Joinder or Substitution of Parties 318 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 7/7/15. (GRR) CC: Hammann. (kt)
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Filing
305
ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated December 3, 2013 299 . 2. Plaintiffs' Motion for Entry of Default Against Brett Thielen 232 is DENIE D. 3. Plaintiffs Motion for Entry of Default Judgment 257 is DENIED. 4. Defendant Burnet Realty LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) 247 is GRANTED and Burnet Realty LLC is DISMISSED with prejudic e. 5. All claims against Brett Thielen are DISMISSED with prejudice. 6. The Clerk of Court's Entries of Default against Heather Enterprises II, LP 93 ; JJT Development LLC 94 ; Regency Commercial Services LC 96 ; Regency Commercial Servic es of Minnesota LLC 97 ; JJT LLC 106 ; and Sexton Lofts, LLC 107 are VACATED. 7. All claims against Heather Enterprises II, LP; JJT Development LLC; Regency Commercial Services LC; Regency Commercial Services of Minnesota LLC; JJT LLC; and S exton Lofts, LLC are DISMISSED with prejudice. 8. All claims against John Doe, Mary Rowe, and XYZ Corp. are DISMISSED with prejudice. 9. In sum, all claims against all Defendants have now been DISMISSED, and this entire matter is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/28/14. (GRR)
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Filing
295
ORDER. IT IS HEREBY ORDERED: 1.The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated July 24, 2013 283 . 2.Plaintiffs' Request for Entry of Default against Robert T. Myers 117 is DENIED as m oot.3.Plaintiffs' Motion for Entry of Default against Robert Myers 194 is DENIED as moot. 4.Defendant Robert T. Myers' Motion to Dismiss 210 is GRANTED. 5.Robert T. Myers is DISMISSED with prejudice. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/26/13. (GRR)
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Filing
201
ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau dated January 28, 2013 196 . 2. Motion to Dismiss by Defendants Nedal Abdul-Hajj and Sexton I, LLC 54 ; Mo tion to Dismiss by Defendants Medved LP and Michael P. Medved 79 ; and Motion to Dismiss by Defendants MRM Management Corp. and James M. Myers 120 are GRANTED IN PART and DENIED IN PART as follows: a. To the extent the motions seek dismissal of Count I, Violation of 15 U.S.C. § 1703(a)(2)(B), they should be GRANTED;b. To the extent the motions seek dismissal of Count II, Violation of 15 U.S.C. § 1703(a)(2)(A) and (C), the motions are GRANTED;c. To the extent the motions se ek dismissal of Count III, Violation of Minn. Stat. 515B et seq., the motions are GRANTED;d. To the extent the motions seek dismissal of Count IV, Fraud, the motions are GRANTED;e. To the extent the motions seek dismissal of Count VII, Unjust Enr ichment, the motions are GRANTED;f. To the extent the motions seek dismissal of Count IX, Negligent Misrepresentation (Against Developers), the motions are GRANTED;g. To the extent the motions seek any other forms of relief, the motions are DENIE D. 3. In addition, although not specifically requested in the motions above, Count V, Wrongful Cancellation (Against Sexton Lofts, LLC); Count VI, Breach of Contract (against Sexton Lofts, LLC), and Count VIII, Minn. Stat. § 555.01, are DISMI SSED. In sum, all claims against Defendants Nedal Abdul-Hajj; Sexton I, LLC; Medved LP; Michael P. Medved; MRM Management Corp.; and James M. Myers are DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/24/13. (GRR)(cc: Brett A. Thielen)(TSS).
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Filing
153
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Plaintiffs' letter request to file a motion for reconsideration 138 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/28/12. (GRR) cc: Brett A. Thielen. Modified on 9/28/2012 (lmb).
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Filing
142
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 128 Report and Recommendation (Written Opinion). Accordingly, IT IS HEREBY ORDERED that Defendant Brett A. Thielen's Motion to Denial of Rule 12, Federal Rules of Civil Procedures, Pursuant to R ule 8(b) 76 is GRANTED in part and DENIED in part as follows: 1. To the extent the motion seeks to prevent an entry of default against him at this time pursuant to Rule 12, the motion is GRANTED; 2. To the extent the motion seeks to be entered as a general denial pursuant to Rule 8(b)(3), the motion is DENIED. Within 45 days from the date this order, Thielen shall answer or otherwise respond to the SAC; and 3. To the extent the motion seeks to stay the case as to Thielen until 30 days after his release from incarceration, the motion is DENIED. Signed by Chief Judge Michael J. Davis on 7/10/12. (KMW) cc: Brett A. Thielen. Modified on 7/10/2012 (lmb).
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Filing
34
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: Defendant Burnet Realty LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) [Docket No. 25] is GRANTED as follows: 1. As to Burnet Realty LLC, Counts One, Two, Seven, and Eight are DISMISSED WITH PREJUDICE. 2. As to Burnet Realty LLC, Counts Four and Nine are DISMISSED; however, the Court grants Plaintiffs 30 days from the date of this Order to amend the SAC to plead fraud and negligent misrepresentatio n with particularity. If no amendment is made within 30 days, Counts Four and Nine are DISMISSED WITH PREJUDICE, and Burnet Realty LLC is DISMISSED as a Defendant in this case. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/8/12. (GRR)
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