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)

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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

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