LeDuc Gifts & Specialty Products, LLC v. Sachs et al

Filing 410

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting the parties' Oral Motions to Dismiss and vacating the Courts Temporary Restraining Order Freezing Assets and dismissing this case with prejudice (Written Opinion). Signed by Chief Judge John R. Tunheim on 7/13/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 15-2744 (JRT/DTS)
4BRAVA, LLC,
Plaintiff,
v.
DANIEL SACHS, DSC PRODUCTS, INC., and
DSC PRODUCTS HOLDING, LLC,
Defendants.
****************************************
Civil No. 15-2743 (JRT/DTS)
LEDUC GIFTS & SPECIALTY PRODUCTS,
LLC, d/b/a Signature USA,
Plaintiff,
v.
DANIEL SACHS, DSC PRODUCTS, INC., DSC
PRODUCTS HOLDING, LLC,
Defendants.
DSC PRODUCTS, INC.,
Counter Claimant,
v.
LEDUC GIFTS & SPECIALTY PRODUCTS,
LLC, d/b/a Signature USA,
Counter Defendant.
DSC PRODUCTS, INC.,
Cross Claimant/Third Party Plaintiff,
v.
BRUCE LEDUC, JENNEA LEDUC, MARCI
LEDUC, and 4BRAVA, LLC,
Cross Defendants/Third Party Defendants.

31

ORDER ADOPTING REPORT
AND RECOMMENDATION

Adrianna Shannon, Bonnie Smith, SHANNON LAW, LLC, 333 South
Seventh Street, Suite 2830, Minneapolis, MN 55402, for plaintiff.
Daniel Rosen for defendants.

The parties have settled these matters. Material terms of the settlement were
stated on the record in proceedings before United States Magistrate Judge David T.
Schultz on July 12, 2018. Also in those proceedings, the parties jointly made oral
motions (1) to vacate the Court’s June 18, 2018 Order freezing Defendants’ assets, and
(2) to dismiss with prejudice all claims and counterclaims in these actions.

The

Magistrate Judge recommends that the parties’ joint motions be granted. Based on the
foregoing, and all the files, records, and proceedings herein, IT IS HEREBY
ORDERED that:
1.

The Magistrate Judge’s Report and Recommendation [Docket No. 409,

Case No. 15-2743; Docket No. 443, Case No. 15-2744] is ADOPTED.
2.

The parties’ Oral Motions to Dismiss and to Vacate the Court’s Temporary

Restraining Order Freezing Assets are GRANTED.
2.

The Court’s Order dated June 18, 2018, freezing Defendants’ assets

[Docket No. 401, Case No. 15-2743; Docket No. 435, Case No. 15-2744] is hereby
VACATED. All accounts listed in the Court’s Order dated June 18, 2018, freezing
Defendants’ assets shall be immediately unfrozen.
3.

These matters are DISMISSED with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

33

-2-

DATED: July 13, 2018
at Minneapolis, Minnesota.

____s/John R. Tunheim____
JOHN R. TUNHEIM
Chief Judge
United States District Court

33

-3-