Knapp v. Vandergon et al

Filing 101

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 100 Report and Recommendation, 68 Motion for Summary Judgment filed by Deutsche Bank National Trust Company, Argent Mortgage Company, LLC. IT IS HEREBY ORDERED that: Defendant Argent Mortgage Company and Deutsche Bank National Trust Companys motion for summary judgment [#68] is DENIED. (Written Opinion). Signed by Judge John R. Tunheim on August 20, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ RALPH T. KNAPP, Plaintiff, v. MATTHEW P. VANDERGON, et al., Defendants. _______________________________________________________________________ Paul Voge, VOGE LAW OFFICE, PLLC, 21 West Superior Street, Suite 500, Duluth, MN 55802; and Phillip Smith, LAWFARM, 4311 Normanna Road, Duluth, MN 55803, for plaintiff. Eric Nasstrom, MORRISON FENSKE & SUND, 5125 County Road 101, Suite 102, Minnetonka, MN 55345, for defendants Argent Mortgage Company and Deutsche Bank National Trust Company. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated August 3, 2009 [Docket No. 100]. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 08-1284 (JRT/FLN)

IT IS HEREBY ORDERED that: Defendant Argent Mortgage Company and Deutsche Bank National Trust Company's motion for summary judgment [#68] is DENIED.

DATED: August 20, 2009 at Minneapolis, Minnesota.

s/John R. Tunheim JOHN R. TUNHEIM United States District Judge