Illinois Lumber and Material Dealers Association Health Insurance Trust v. United States of America

Filing 48

ORDER dismissing the Complaint 1 for lack of jurisdiction and denying as moot 32 Plaintiff's Motion for Attorney Fees (Written Opinion) Signed by Judge Susan Richard Nelson on 08/03/15. (MJC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Illinois Lumber and Material
Dealers Association Health
Insurance Trust,

Civil No. 13-CV-715 (SRN/JJK)

Plaintiff,
ORDER
v.
United States of America,
Defendant.

Thomas E. Brever and Andrew T. Brever, Foster & Brever, PLLC, 2812 Anthony Lane
South, Suite 200, St. Anthony, MN 55418, for Plaintiff
Michael R. Pahl, United States Department of Justice, Tax Division, PO Box 7238 Ben
Franklin Station, Washington, DC 20044, for Defendant
_____________________________________________________________________
SUSAN RICHARD NELSON, United States District Court Judge
In light of the recent Eighth Circuit Court of Appeals opinion in this matter,
Illinois Lumber & Material Dealers Association Health Insurance Trust v. United States
of America, __ F.3d __, No. 14-2537, 2015 WL 4477293 (8th Cir. July 23, 2015), this
Court dismisses Plaintiff’s Complaint [Doc. No. 1] for lack of jurisdiction. Accordingly,
Plaintiff’s First Motion for Attorney’s Fee [Doc. No. 32], to which the parties had
stipulated to a continuance pending the Eighth Circuit’s ruling, is denied as moot.

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THEREFORE, IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s Complaint [Doc. No. 1] is DISMISSED for lack of jurisdiction;
and

2.

Plaintiff’s First Motion for Attorney’s Fees [Doc. No. 32] is DENIED AS
MOOT.

Dated: August 3, 2015
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Court Judge

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