American Dairy Queen Corporation v. Blume et al

Filing 125

ORDER Affirming 121 Order; OVERRULING 123 Objections. (Written Opinion). Signed by Judge Richard H. Kyle on 06/01/12. (kll)cc: Guy A. Blume Modified on 6/1/2012 (jam).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

American Dairy Queen Corporation,
Plaintiff,
Civ. No. 11-358 (RHK/TNL)
ORDER
v.
Guy A. Blume, et al.,
Defendants.

This matter is before the Court on Defendant Guy A. Blume’s Objections (Doc.
No. 123) to Magistrate Judge Leung’s May 9, 2012 Order (Doc. No. 121) striking his
Answer and Counterclaim. Pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil
Procedure 72(a), and Local Rule 72.2(a), the Court must set aside those portions of Judge
Leung’s Order that are “clearly erroneous or contrary to law.” Having carefully reviewed
the Order and the memoranda submitted in connection with the Objections thereto, and
being sufficiently advised of the prior proceedings in this action, the Court concludes that
the Order is neither clearly erroneous nor contrary to law. 1 Based on the foregoing, and
all the files, records, and proceedings herein, IT IS ORDERED that the Objections (Doc.
No. 123) are OVERRULED and the Order (Doc. No. 121) is AFFIRMED.
Date: June 1, 2012

1

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

Moreover, had the Court conducted a de novo review of Judge Leung’s Order, it would have
reached the same result.