Kaiser v. Fed Ex Cargo Claims Dept

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 12 Motion to Remand to State Court filed by Duane Kaiser, and finding as moot 6 Motion to Dismiss/General filed by Fed Ex Cargo Claims Dept (Written Opinion). Signed by Chief Judge John R. Tunheim on October 6, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA _____________________________________________________________________ DUANE KAISER, Civil No. 17-1716 (JRT/LIB) Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION FED EX CARGO CLAIMS DEPT, Defendant. ________________________________________________________________________ S. Steven Prince, GRELL & FEIST L.L.C., 825 Nicollet Mall, Suite 1648, Minneapolis, MN 55402, for plaintiff. Brian Wood, Lauren Allison D'Cruz, LIND JENSEN SULLIVAN & PETERSON, PA, 901 Marquette Avenue South, Suite 1300, Minneapolis, MN 55402, for defendant. Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED that: 1. That Defendant’s Motion to Dismiss [Docket No. 6] is DENIED as moot. 2. That Plaintiff’s Motion to Remand to State Court [Docket No. 12] is GRANTED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 6, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court

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