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D. Minn.Procedural orderFiled July 24, 2019

United States v. Yennie

Judge
Elizabeth Cowan Wright
Docket
0:18-cv-03268
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedureMotion to DismissSummary Judgment
In one sentence

In United States v. Yennie, Judge Wright adopted the recommendation and denied Joseph and Sheila Yennie’s motions to dismiss.

Who this affects

The order affects defendants Joseph H. Yennie and Sheila A. Yennie by denying their motions to dismiss and overruling their objections; it allows the United States’ action to continue.

What happened

In United States v. Yennie, the United States asked the court to reject motions to dismiss filed by Joseph H. Yennie and Sheila A. Yennie. Magistrate Judge Steven E. Rau recommended denying those motions.

The defendants objected to the recommendation. The district court concluded that the objections lacked sufficient specificity or legal merit and found no clear error or legal problem in the recommendation.

Judge Wilhelmina M. Wright overruled the objections, adopted the recommendation, and denied the defendants’ motions to dismiss. The order also addressed jurisdiction, venue, the sufficiency of the United States’ claim, and Sheila Yennie’s request as a possible summary-judgment motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
United States v. Yennie · No. 0:18-cv-03268
Judge
Elizabeth Cowan Wright
Date
July 24, 2019

Background

The United States is the plaintiff, and Joseph H. Yennie and Sheila A. Yennie are defendants. The defendants filed motions to dismiss. Magistrate Judge Steven E. Rau issued a Report and Recommendation recommending that the motions be denied.

Court’s analysis

The district court reviewed the defendants’ objections to the Report and Recommendation. It concluded that the objections lacked sufficient specificity or legal merit. The court also found that the Report and Recommendation was neither clearly erroneous nor contrary to law.

The adopted recommendation determined that the court had subject-matter jurisdiction, meaning authority over the type of dispute; personal jurisdiction over Joseph Yennie; and proper venue in the District of Minnesota. It also determined that the United States had not failed to state a claim on which relief could be granted. To the extent Sheila Yennie’s motion was treated as a motion for summary judgment, the recommendation concluded that disputed material facts prevented summary judgment in her favor.

Ruling

Judge Wilhelmina M. Wright overruled Joseph Yennie’s and Sheila Yennie’s objections, adopted the April 30, 2019 Report and Recommendation, and denied the motions to dismiss filed by Joseph H. Yennie and Sheila A. Yennie.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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