Carlson et al v. A L S Enterprises Inc et al

Filing 404

ORDER that Defendants shall serve and file their Motion to Dismiss and setting briefing schedule for same. (Written Opinion). Signed by Judge Richard H. Kyle on 09/26/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

In re:

Multidistrict Litigation
No. 09-md-2059 (RHK/JJK)

Activated Carbon-Based Hunting
Clothing Marketing and Sales Practices
Litigation

ORDER

THIS DOCUMENT RELATES TO:
Buetow, et al. v. A.L.S. Enterprises, Inc., et al., Civ. No. 07-3970 (RHK/JJK)
This matter is before the Court sua sponte. Following the Eighth Circuit’s
remand, the parties were asked to submit status reports regarding this case. In their status
report, Defendants A.L.S. Enterprises, Inc. (“ALS”) and Gander Mountain Company
(“Gander Mountain”) indicated that they believe Plaintiffs’ remaining claims must be
dismissed under Ly v. Nystrom, 615 N.W.2d 302 (Minn. 2000), as Plaintiffs “no longer
satisfy the ‘public benefit’ requirement for maintaining suit,” and they requested the
opportunity to brief that issue. (See Doc. No. 401 at 1-2.) The Court agrees that this
issue should be resolved before this case proceeds further, as it potentially disposes of
this action in its entirety.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
ORDERED:
1.

Defendants shall serve and file their Motion to Dismiss, along with all

supporting documents, on or before October 11, 2011. The Motion shall be limited to

addressing whether “Plaintiffs now fail to satisfy the ‘public benefit’ requirement under
the Private AG statute, Minn. Stat. § 8.31, subd. 3a” (Doc. No. 401 at 1);
2.

Plaintiffs shall serve and file their response to the Motion, along with all

supporting documents, on or before October 25, 2011;
3.

Defendants shall serve and file their Reply in support of their Motion, if

any, along with all supporting documents, on or before November 4, 2011;
4.

The Memoranda submitted in accordance with this Order shall conform to

the word limitation in Local Rule 7.1(d);1 and
5.

If the Court desires a hearing on the Motion, the parties will be so notified.

Date: September 26, 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

1

Although only ALS and Gander Mountain have indicated that they intend to raise the publicbenefit issue, the remaining Defendants also may do so. In that case, however, all Defendants
should jointly submit one opening brief and one reply brief, the combined total of which shall
not exceed 12,000 words.
2