Kelley v. Boosalis

Filing 238

ORDER in Response to 237 Defendant's Letter to District Judge, 236 Plaintiff's Letter to District Judge, canceling October 21, 2020 status conference. (Written Opinion) Signed by Judge Susan Richard Nelson on 10/15/2020. (MJC)

CASE 0:18-cv-00868-SRN-TNL Doc. 238 Filed 10/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Douglas A. Kelley, in his capacity as the
PCI Liquidating Trustee for the PCI
Liquidating Trust,

Case No. 18-cv-868 (SRN/TNL)

Plaintiff,
v.
ORDER
Gus Boosalis,
Defendant.

Andrew B. Brantingham, J. David Jackson, John R. Marti, Lucas J. Olson, and Payton E.
George, Dorsey & Whitney LLP, 50 S. 6th St., Ste. 1500, Minneapolis, MN, 55402, for
Plaintiff.
Daniel J. Frisk, Don R. Grande, and Mark A. Schwab, Grande Frisk Thompson & Schwab,
820 34th Ave. E., Ste. 200, West Fargo, ND 58078; Mark K. Thompson, MKT Law, PLC,
4927 34th Ave. S., 100 Nokomis Professional Building, Minneapolis, MN 55417, for
Defendant.

SUSAN RICHARD NELSON, United States District Judge
In light of the recent ruling by the Eighth Circuit Court of Appeals on the
consolidated appeals in this matter and Kelley v. Kanios, see 974 F.3d 884 (8th Cir. 2020),
a status conference was scheduled to be held on October 21, 2020. (Sept. 15, 2020 TextOnly Order [Doc. No. 235].)
The parties have advised the Court that on October 9, 2020, Plaintiff filed with the
Eighth Circuit a petition for rehearing en banc. (See Pl.’s Oct. 15, 2020 Letter [Doc. No.
236]; Def.’s Oct. 15, 2020 Letter [Doc. No. 237].) Due to the pending petition with the

CASE 0:18-cv-00868-SRN-TNL Doc. 238 Filed 10/15/20 Page 2 of 2

Eighth Circuit, the Court hereby CANCELS the October 21, 2020 status conference.
Counsel shall advise the Court of the Eighth Circuit’s decision on its petition.

SO ORDERED.

Dated: October 15, 2020

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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