Abelmann et al v. SmartLease USA, LLC

Filing 245

ORDER adopting 243 Stipulation and granting 241 MOTION to Dismiss the Abelmann's Claims and Smart Lease's Counterclaims and 244 MOTION for Leave to File First Amended Complaint. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Dan Abelmann and the Estate of Leanne
Abelmann, as successor-in-interest to Leanne
Abelmann, deceased,

)
)
)
)
Plaintiffs and Counterclaim
)
Defendants,
)
)
v.
)
)
Smart Lease USA, L.L.C.,
)
)
Defendant, Counterclaimant and
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Third-Party Plaintiff,
)
)
Executive Housing Solutions, LLC; Ray Wurth,
)
Don Gibson, and Richard Church a/k/a Chad
)
Church, d/b/a Executive Housing Solutions, LLC; )
Ray Wurth, Don Gibson, Richard Church a/k/a
)
Chad Church,
)
)
Third-Party Defendants.
)

ORDER FOR DISMISSAL AND
ENTRY OF FINAL JUDGMENT
OF CERTAIN CLAIMS; ORDER
GRANTING LEAVE TO FILE
AMENDED PLEADINGS

Case No. 4:14-cv-040

On January 25, 2021, Smart Lease USA, LLC (“Smart Lease”) filed a Motion for Dismissal
of the Abelmann’s Claims and Smart Lease’s Counterclaims and for Leave to Allow Smart Lease
to File its First Amended Complaint. (Doc. Nos. 241 and 244). The parties also filed a Stipulation
for Dismissal of the Abelmann’s Claims and Smart Lease’s Counterclaims and for Leave to Allow
Smart Lease to File its First Amended Complaint. (Doc. No. 243).
The court ADOPTS the parties’ stipulation (Doc. No. 243), GRANTS Smart Lease’s
motion (Doc. Nos. 241 and 244), and ORDERS:
1.

Plaintiffs and Counterclaim Defendants Dan Abelmann and the Estate of Leanne
Abelmann, as successor-in-interest to Leanne Abelmann, deceased (“Abelmanns”)

1

claims against Smart Lease in are DISMISSED with prejudice and without costs,
disbursements, or attorney’s fees to any party.
2.

Smart Lease’s counterclaims against the Abelmans are DISMISSED with prejudice
and without costs, disbursements, or attorney’s fees to any party.

3.

The court concludes based on the referenced Stipulation there is no just reason for
delay in the dismissal of the claims referenced in 1and 2 above becoming final and,
pursuant to Fed. R. Civ. P. 54(b) directs the clerk to enter a final judgment of
dismissal of those claims.

4.

Smart Lease shall have until February 1, 2021, to file its First Amended Complaint.
The allegations of the First Amended Complaint shall relate back to May 20, 2016,
the date on which the Court entered its order allowing Smart Lease to bring an action
against Executive Housing Solutions, LLC, Ray Wurth and Don Gibson d/b/a
Executive Housing Solutions, LLC, Ray Wurth, and Don Gibson. (Doc. No.
66).

5.

Third Party Defendants Executive Housing Solutions, LLC, Ray Wurth and Don
Gibson d/b/a Executive Housing Solutions, LLC, Ray Wurth, and Don Gibson as
Defendants shall have 21 days to file an Answer to the First Amended Complaint.

Dated this 27th day of January, 2021.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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