Campbell-Sevey, Inc. v. Pacific Ethanol Imperial, LLC et al

Filing 116

ORDER ADOPTING 111 REPORT AND RECOMMENDATIONS for 78 Motion for Summary Judgment filed by Campbell-Sevey, Inc., 56 Motion to Sever, Motion to Transfer filed by Bateman Litwin N. V., Delta-T Corporation, 38 Motion to Dismiss filed by Pacific E thanol Imperial, LLC, Pacific Ethanol, Inc. (Written Opinion). Motion to Dismiss 38 is granted; Motion to sever or transfer 56 is denied; Motion for summary judgment 78 is granted in part and denied in part. Signed by Judge James M. Rosenbaum on 04/02/2010.(kmc)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 08-CV-6284(JMR/FLN) ) ) v. ) ) Delta-T Corporation and ) Bateman Litwin N.V. ) ) v. ) ) Pacific Ethanol Imperial, LLC ) and Pacific Ethanol, Inc. ) Campbell-Sevey, Inc.

ORDER

This matter is before the Court for consideration of the Report and Recommendation issued by the Honorable Franklin L. Noel, United States Magistrate Judge, on February 18, 2010 [Docket No. 111]. 72.2. Based on a de novo review of the record, the Court adopts the Magistrate's Report and Recommendation. Accordingly, IT IS ORDERED that Pacific Ethanol's motion to dismiss [Docket No. 38] is granted; that Delta-T Corporation's motion to sever or transfer [Docket No. 56] is denied; and that Campbell-Sevey's motion for summary judgment [Docket No. 78] is granted in part and denied in part. Dated: April 2, 2010 Plaintiff timely filed objections pursuant to Local Rule

s/ JAMES M. ROSENBAUM JAMES M. ROSENBAUM United States District Judge