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

Filing 305

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated December 3, 2013 299 . 2. Plaintiffs' Motion for Entry of Default Against Brett Thielen 232 is DENIE D. 3. Plaintiffs Motion for Entry of Default Judgment 257 is DENIED. 4. Defendant Burnet Realty LLC's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) 247 is GRANTED and Burnet Realty LLC is DISMISSED with prejudic e. 5. All claims against Brett Thielen are DISMISSED with prejudice. 6. The Clerk of Court's Entries of Default against Heather Enterprises II, LP 93 ; JJT Development LLC 94 ; Regency Commercial Services LC 96 ; Regency Commercial Servic es of Minnesota LLC 97 ; JJT LLC 106 ; and Sexton Lofts, LLC 107 are VACATED. 7. All claims against Heather Enterprises II, LP; JJT Development LLC; Regency Commercial Services LC; Regency Commercial Services of Minnesota LLC; JJT LLC; and S exton Lofts, LLC are DISMISSED with prejudice. 8. All claims against John Doe, Mary Rowe, and XYZ Corp. are DISMISSED with prejudice. 9. In sum, all claims against all Defendants have now been DISMISSED, and this entire matter is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/28/14. (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 Defendants MRM
Management Corp., Robert T. Myers, and James M. Myers.
Brian R. Christiansen, John J. Steffenhagen, and Joseph P. Beckman, Hellmuth &
Johnson PLLC, Counsel for Defendants Sexton I, LLC and Nedal Abdul-Hajj.
Matthew D. Sloneker and Richard A. Lind, Lind Jensen Sullivan & Peterson, PA,
Counsel for Defendant Burnet Realty, LLC.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Steven E. Rau, dated
December 3, 2013. Plaintiffs filed objections to the Report and Recommendation.

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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 thorough and detailed Report and Recommendation of United
States Magistrate Judge Rau dated December 3, 2013.
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 December 3, 2013 [Docket No.
299].
2. Plaintiffs’ Motion for Entry of Default Against Brett Thielen [Docket
No. 232] is DENIED.
3. Plaintiffs’ Motion for Entry of Default Judgment [Docket No. 257] is
DENIED.
4. Defendant Burnet Realty LLC’s Motion to Dismiss Pursuant to Federal
Rule of Civil Procedure 12(b)(6) [Docket No. 247] is GRANTED and
Burnet Realty LLC is DISMISSED with prejudice.
5. All claims against Brett Thielen are DISMISSED with prejudice.
6. The Clerk of Court’s Entries of Default against Heather Enterprises II,
LP [Docket No. 93]; JJT Development LLC [Docket No. 94]; Regency
Commercial Services LC [Docket No. 96]; Regency Commercial Services
of Minnesota LLC [Docket No. 97]; JJT LLC [Docket No. 106]; and
Sexton Lofts, LLC [Docket No. 107] are VACATED.
7. All claims against Heather Enterprises II, LP; JJT Development LLC;
Regency Commercial Services LC; Regency Commercial Services of
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Minnesota LLC; JJT LLC; and Sexton Lofts, LLC are DISMISSED with
prejudice.
8. All claims against John Doe, Mary Rowe, and XYZ Corp. are
DISMISSED with prejudice.
9. In sum, all claims against all Defendants have now been DISMISSED,
and this entire matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 28, 2014

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

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