L.P.O.E., Inc. v. City of Duluth, Minnesota, The

Filing 27

ORDER dismissing without prejudice re 26 Stipulation of Dismissal. (Written Opinion). Signed by Judge Richard H. Kyle on 06/14/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

L.P.O.E., Inc. and DiMa Corporation,
Plaintiffs,
Civ. No. 10-4133 (RHK/LIB)
ORDER
v.
City of Duluth, Minnesota,
Defendant.

Based on the Stipulation of Dismissal by the parties (Doc. No. 26), and after
review of the files, records and proceedings in the above-captioned matter, IT IS
ORDERED that (1) this action is DISMISSED WITHOUT PREJUDICE as moot; and
(2) no award of costs, disbursements or fees is awarded, including the $450 sanctions
awarded to the City of Duluth by Magistrate Judge Leo I. Brisbois in his Report and
Recommendation dated May 26, 2011.1

Dated: June 14, 2010

1

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

Although it approves the parties’ Stipulation on this point, the Court in no way condones the
behavior of Plaintiffs’ counsel Randall D.B. Tigue that led to the award of sanctions, as detailed
in Judge Brisbois’s Report and Recommendation (Doc. No. 24). The Court finds Mr. Tigue’s
conduct troubling and trusts such behavior will not recur.