American Dairy Queen Corporation v. Blume et al

Filing 76

ORDER denying 34 Motion to Dismiss for Lack of Jurisdiction; denying without prejudice 37 Motion to Strike Answers; Adopting 63 Report and Recommendation; Overruling 67 Objections; pursuant to 48 Order to Show Cause, the Clerk of Court is directed to ENTER DEFAULT against Defendants Blume Investments, LLC and Royal Professional Solutions, LLC under Fed. R. Civ. P. 55(a). (Written Opinion). Signed by Judge Richard H. Kyle on 01/11/12. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

American Dairy Queen Corporation,
Plaintiff,

Civil No. 11-358 (RHK/TNL)
ORDER

v.
Guy A. Blume, Blume Investments, LLC, Royal
Professional Solutions, LLC,
Defendants.

Based upon the Report and Recommendation by United States Magistrate Judge
Tony N. Leung dated December 2, 2011 (Doc. No. 63), together with all the files,
records, and proceedings herein, and the undersigned’s de novo review of same, IT IS
ORDERED:
1. Defendants’ Objections (Doc. No. 67) are OVERRULED;
2. The Report and Recommendation (Doc. No. 63) is ADOPTED; and
3. Defendants’ Motion to Dismiss Plaintiffs Complaint for Lack of Subject
Matter Jurisdiction and Improper Venue and Dismiss Case as Frivolous Lack of
Standing (Doc. No. 34) is DENIED;
4. Defendants’ Motion to Strike Answers (Doc. No. 37) is DENIED
WITHOUT PREJUDICE; and

5. Pursuant to the Order to Show Cause (Doc. No. 48), the Clerk of Court
is directed to ENTER DEFAULT against Defendants Blume Investments, LLC and
Royal Professional Solutions, LLC under Fed. R. Civ. P. 55(a).
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 11, 2012
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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