Tate et al v. Restaurant Technologies, Inc. et al
Filing
193
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 192 Report and Recommendation(Written Opinion)The Trusts Motion Requesting Court to Find Claims Were Timely as a Result of Excusable Neglect and Allowing Participation in Settlement Fund Distribution of Class Member W. Hall Wendel, Jr. Revocable Trust (Doc. No. 175) is GRANTED. The Trust shall be allowed to participate in the distribution of settlement funds and receive its proportionate share of the settlement proceeds in the above-captioned action, and the Claims Administrator and Class Representatives shall ensure immediate distribution of the same. Signed by Chief Judge Michael J. Davis on 8/12/11. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Michael Tate, Joseph Shuster, Lyle Evanson
and John Ayers, individually and on behalf
of all other individuals similarly situated,
Plaintiffs,
Civil No. 09-2076 (MJD/JJG)
ORDER ON REPORT AND
RECOMMENDATION
v.
Restaurant Technologies, Inc., Parthenon
Capital LLC, Jeffrey R. Kiesel, John C.
Rutherford, Jonathan O. Grad, Zachary F.
Sadek, Philip A. Clough, and Robert E.
Weil,
Defendants.
The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. 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, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.
The Trust’s Motion Requesting Court to Find Claims Were Timely as a Result
of “Excusable Neglect” and Allowing Participation in Settlement Fund Distribution of Class
Member W. Hall Wendel, Jr. Revocable Trust (Doc. No. 175) is GRANTED.
2.
The Trust shall be allowed to participate in the distribution of settlement funds
and receive its proportionate share of the settlement proceeds in the above-captioned action,
and the Claims Administrator and Class Representatives shall ensure immediate distribution
of the same.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 12, 2011
s/Michael J. Davis
MICHAEL J. DAVIS
Chief United States District Judge
2
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