Owens v. US Bank Corporation
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|Date Filed||#||Document Text|
|July 3, 2013
ORDER ADOPTING REPORT AND RECOMMENDATIONS 19 . 1. Defendant U.S. Bank Corporation's Motion for Dismissal with prejudice and for Attorneys Fees and Costs [Docket No. 4] is granted in part and denied in part as further stated herein; 2. Def endant U.S. Bank Corporation's motion for dismissal pursuant to Fed. R. Civ. P. 12(b)(6) is granted and the complaint is hereby dismissed without prejudice; and 3. Defendant U.S. Bank Corporation's motion for fees and costs is granted i n part and denied in part as provided herein. Defendant is awarded the $350 filing fee incurred in removing this case to federal court. Assessment of the $350 fee award is stayed, though such stay will be lifted, and payment of the awar d will be required, before plaintiff may proceed on any subsequent action against defendant U.S. Bank, based upon any mortgage account or banking relationship existing between the parties prior to the date of commencement of this case. (Written Opinion). Signed by Judge John R. Tunheim on July 3, 2013. (HAM) cc: Sheldon Owens. Modified on 7/3/2013 (lmb).
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