Owens v. US Bank Corporation

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 19 . 1. Defendant U.S. Bank Corporation's Motion for Dismissal with prejudice and for Attorneys Fees and Costs [Docket No. 4] is granted in part and denied in part as further stated herein; 2. Def endant U.S. Bank Corporation's motion for dismissal pursuant to Fed. R. Civ. P. 12(b)(6) is granted and the complaint is hereby dismissed without prejudice; and 3. Defendant U.S. Bank Corporation's motion for fees and costs is granted i n part and denied in part as provided herein. Defendant is awarded the $350 filing fee incurred in removing this case to federal court. Assessment of the $350 fee award is stayed, though such stay will be lifted, and payment of the awar d will be required, before plaintiff may proceed on any subsequent action against defendant U.S. Bank, based upon any mortgage account or banking relationship existing between the parties prior to the date of commencement of this case. (Written Opinion). Signed by Judge John R. Tunheim on July 3, 2013. (HAM) cc: Sheldon Owens. Modified on 7/3/2013 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 13-0684 (JRT/AJB)

SHELDON OWENS,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
US BANK CORPORATION,
Defendant.

Sheldon Owens, 1918 Park Avenue, Minneapolis, MN 55404, plaintiff pro se.
Michelle Kreidler Dove and Jonathan Norrie, BASSFORD REMELE, PA, 33
South Sixth Street, Suite 3800, Minneapolis, MN 55402, for defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge Arthur J. Boylan. 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 the
files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendant U.S. Bank Corporation’s Motion for Dismissal with prejudice and
for Attorneys’ Fees and Costs [Docket No. 4] is granted in part and denied in part as
further stated herein;

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2. Defendant U.S. Bank Corporation’s motion for dismissal pursuant to Fed. R.
Civ. P. 12(b)(6) is granted and the complaint is hereby dismissed without prejudice;
and
3. Defendant U.S. Bank Corporation’s motion for fees and costs is granted in
part and denied in part as provided herein. Defendant is awarded the $350 filing fee
incurred in removing this case to federal court. Assessment of the $350 fee award is
stayed, though such stay will be lifted, and payment of the award will be required, before
plaintiff may proceed on any subsequent action against defendant U.S. Bank, based upon
any mortgage account or banking relationship existing between the parties prior to the
date of commencement of this case.
LET JUDGMENT BE ENTERED ACCORDINGLY

DATED: July 3, 2013
at Minneapolis, Minnesota

___ s/John R. Tunheim _____
JOHN R. TUNHEIM
United States District Judge

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