Noah's Ark Processors, LLC et al v. Elliott

Filing 9

ORDER adopting 2 Report and Recommendation, denying as moot 3 Motion to Dismiss filed by Robert R. Elliott (Written Opinion). Signed by Judge Ann D. Montgomery on 6/13/17. (JME)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

NOAH’S ARK PROCESSORS, LLC
and NOAH’S ARK HOLDING
COMPANY, LLC

CIVIL NO. 17-1602 (ADM/DTS)

Plaintiffs,
v.

ORDER

ROBERT R. ELLIOTT,
Defendant.

The

above

matter

comes

before

the

Court

upon

the

Report

and

Recommendation of United States Magistrate Judge David T. Schultz dated May 24,
2017. No objections have been filed to that Report and Recommendation in the time
period permitted. Defendant Robert R. Elliott filed a Motion to Dismiss on May 30, 2017.
The Court, being duly advised in the premises, upon the Report and
Recommendation of the Magistrate Judge, and upon all of the files, records and
proceedings herein, now makes and enters the following Order.
IT IS HEREBY ORDERED that the above matter is remanded to Hennepin
County District Court, Fourth Judicial District, pursuant to 28 U.S.C. § 1447(c).
Defendant Robert R. Elliott’s Motion to Dismiss [Docket No. 3] is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 13, 2017
s/Ann D. Montgomery
ANN D. MONTGOMERY
United States District Court Judge