Krehnbrink et al v. UpCountry Products, Ltd. et al

Filing 23

REPORT AND RECOMMENDATION that defendant's 8 MOTION to Dismiss be Granted; plaintiffs' 14 MOTION to convert motion to dismiss for failure to state a claim into motion for summary judgment be Denied; and that defendants 9 MOTION to Dis miss for Lack of Subject Matter Jurisdiction be Granted. Plaintiffs have presented no claims where federal jurisdiction could be asserted, the case Should be Dismissed for lack of subject matter jurisdiction, leaving plaintiffs free to assert their claims in a state court. Objections to R&R due by 10/1/2009. Signed by Magistrate Judge Timothy S Hogan on 9/14/2009. (art, )

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