East Coast Test Prep LLC et al v. Allnurses.com, Inc., et al

Filing 344

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying without prejudice 320 Motion to Dismiss/Lack of Jurisdiction filed by Jennifer Moeller, denying as moot 188 Motion to Dismiss/General, denying without prejudice 291 Motion to Dismiss/Genera l filed by Uhura Russ, and denying without prejudice 238 Motion to Dismiss/General filed by Mark Olynyk, East Coast Test Prep LLC (Written Opinion). Signed by Chief Judge John R. Tunheim on June 6, 2017. (HAZ) cc: Jennifer Moeller. Modified on 6/7/2017 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 15-3705 (JRT/SER) EAST COAST TEST PREP LLC and MARK OLYNYK, Plaintiffs, v. MEMORANDUM OPINION AND ORDER ALLNURSES.COM, INC., DAVID R. SMITS, LISA DUKES, JENNIFER MOELLER, UHURA RUSS, ABC COMPANIES, and JOHN DOES, Defendants. Richard L. Ravin, HARTMAN & WINNICKI, P.C., 74 Passaic Street, Ridgewood, NJ 07450; Robert A. Lengeling and Thomas M. Beito, BEITO & LENGELING, PA, 310 Fourth Avenue South, Suite 1050, Minneapolis, MN 55415; and Charles S. Kramer and Paul A. Grote, RIEZMAN BERGER, P.C., 7700 Bonhomme Avenue, Seventh Floor, St. Louis, MO 63105, for plaintiffs. Justin Taylor Quinn and Keith John Miller, ROBINSON MILLER LLC, One Newark Center, 19th Floor, Newark, NJ 07102, and James J. Kretsch, Jr. and John D. Reddall, KRETSCH LAW OFFICE, PLLC, 17850 Kenwood Trail, Suite 219, Lakeville, MN 55044, for defendants Allnurses.com, Inc. and David R. Smits. A Report and Recommendation was filed by United States Magistrate Judge Steven E. Rau, dated May 22, 2017 [Docket No. 336]. No objections have been filed to that Report and Recommendation in the time period permitted. 31 Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, the Court ADOPTS the Report and Recommendation of the Magistrate Judge. IT IS HEREBY ORDERED that: 1. LadyFree28’s Motion for Dismissal of Claim [Docket No. 188] is DENIED as moot; 2. Plaintiffs’ Motion to Dismiss Counterclaim of LadyFree28 [Docket No. 238] is DENIED without prejudice; 3. LadyFree28’s Motion for Dismissal of Third Amended Complaint for Civil Case No. 15-cv-03705-JRT-SER [Docket No. 291] is DENIED without prejudice; and 4. Jennifer Moeller’s Motion for Dismissal Based on Lack of Personal Jurisdiction [Docket No. 320] is DENIED without prejudice. Dated: June 6, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court -2- -3-

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