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Clim-A-Tech Industries, Inc. v. Ebert

United States District Court, District of Minnesota

May 11, 2015

Clim-A-Tech Industries, Inc., Plaintiff,
v.
William A. Ebert and Sunwest Supply, Inc., Defendants.

Gerald E. Helget, Michael M. Sawers, and Kristine M. Boylan, Esqs., Briggs & Morgan, for Plaintiff..

Lisa Anne Smith, Peter B. Goldman, and Shijie Feng, Esqs., DeConcini McDonald Yetwin & Lacy, for Defendants.

Johnathan R. Maddox, Henson & Efron, for Defendants.

ORDER

MICHAEL J. DAVIS, CHIEF JUDGE UNITED STATES DISTRICT COURT.

The above-entitled matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated April 22, 2015 [Docket No. 29]. No objections have been filed to that Report and Recommendation in the time period permitted.

Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that:

1.Defendants William A. Ebert and Sunwest Supply, Inc.’s Motion to Dismiss for Lack of Personal Jurisdiction and Subject Matter Jurisdiction and Motion in the Alternative to Transfer Venue [Doc. No. 15] is GRANTED to the extent Defendants seek dismissal for lack of personal jurisdiction and DENIED as moot in all other respects.

2.Plaintiff Clim-A-Tech Industries, Inc.’s Amended Declaratory Judgment

Complaint [Doc. No. 8] is DISMISSED without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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