Streambend Properties III, LLC et al v. Sexton Lofts, LLC et al

Filing 295

ORDER. IT IS HEREBY ORDERED: 1.The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated July 24, 2013 283 . 2.Plaintiffs' Request for Entry of Default against Robert T. Myers 117 is DENIED as m oot.3.Plaintiffs' Motion for Entry of Default against Robert Myers 194 is DENIED as moot. 4.Defendant Robert T. Myers' Motion to Dismiss 210 is GRANTED. 5.Robert T. Myers is DISMISSED with prejudice. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/26/13. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

STREAMBEND PROPERTIES III, LLC and
STREAMBEND PROPERTIES IV, LLC,
Plaintiffs,

v.

ORDER
Civil File No. 10-4745 (MJD/SER)

SEXTON LOFTS, LLC, et al.,
Defendants.
Sara M. G. Rojas, The Law Offices of Sara M. G. Rojas, Counsel for Plaintiffs.
D. Charles Macdonald, Faegre Baker Daniels LLP, Counsel for Defendant Robert
T. Myers.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Steven E. Rau, dated July 24,
2013. Plaintiffs filed objections to the Report and Recommendation.
Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court adopts the Report and Recommendation of United States Magistrate Judge
Rau dated July 24, 2013. Regardless of the applicability of the law-of-the-case
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doctrine, the Court concludes that the sound reasoning in the January 28, 2013
Report and Recommendation [Docket No. 196] and the February 25, 2013 Order
adopting that Report and Recommendation [Docket No. 201] applies with equal
force to the merits of Defendant Robert T. Myers’ motion to dismiss.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States
Magistrate Judge Steven E. Rau, dated July 24, 2013 [Docket No. 283].
2. Plaintiffs’ Request for Entry of Default against Robert T. Myers
[Docket No. 117] is DENIED as moot.
3. Plaintiffs’ Motion for Entry of Default against Robert Myers
[Docket No. 194] is DENIED as moot.
4. Defendant Robert T. Myers’ Motion to Dismiss [Docket No. 210]
is GRANTED.
5. Robert T. Myers is DISMISSED with prejudice

Dated: August 26, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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