The Reinforced Earth Company, Inc. v. Tarraf Construction, Inc. et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendation. IT IS HEREBY ORDERED that this action be DISMISSED WITHOUT PREJUDICE as against TMS Construction, Inc. and Todd M. Schmidt for failure to comply with the Court's Order of July 29, 2011, and for lack of prosecution. (Written Opinion). Signed by Judge John R. Tunheim on October 4, 2011. (HAM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ Civil No. 11-0260 (JRT/LIB) THE REINFORCED EARTH COMPANY, INC., Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v. TARRAF CONSTRUCTION, INC. et al., Defendants, _______________________________________________________________________ Anthony Smith, HELLMUTH & JOHNSON PLLC, 8050 West 78th Street, Edina, MN 55439, for plaintiff. Curtis Smith, MOSS & BARNETT, PA, 90 South Seventh Street, Suite 4800, Minneapolis, MN 55402, for Defendants Tarraf Construction, Inc. and Granite RE, Inc. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois dated September 6, 2011 [Docket No. 13]. 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 of the files, records and proceedings herein, IT IS HEREBY ORDERED that this action be DISMISSED WITHOUT PREJUDICE as against TMS Construction, Inc. and Todd M. Schmidt for failure to comply with the Court’s Order of July 29, 2011, and for lack of prosecution. DATED: October 4, 2011 at Minneapolis, Minnesota ___ s/ John R. Tunheim _____ JOHN R. TUNHEIM United States District Judge

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