Dietz et al v. Beneficial Loan and Thrift Co. et al, No. 0:2010cv03752 - Document 32 (D. Minn. 2011)

Court Description: MEMORANDUM OPINION AND ORDER. 1. Beneficial's Motion to Dismiss (Doc. No. 22 ) is GRANTED. 2. Plaintiffs' Third Amended Complaint (Doc. No. 21 ) is DISMISSEDWITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 11/10/11. (BJS)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Vicky A. Dietz and Terry B. Dietz, Civil No. 10-3752 (DWF/TNL) Plaintiffs, v. MEMORANDUM OPINION AND ORDER Beneficial Loan and Thrift Co., a Minnesota corporation, and John and Jane Does 1-10, Defendants. _____________________________________________________________________ Michael J. Keogh, Esq., Keogh Law Office, counsel for Plaintiffs. Chad A. Snyder, Esq., and Michael H. Frasier, Esq., Snyder Gislason Frasier LLC, counsel for Beneficial Loan and Thrift Co. _____________________________________________________________________ This matter is before the Court on a Motion to Dismiss (Doc. No. 22) brought by Defendant Beneficial Loan and Thrift Co. ( Beneficial ). The motion came on for a hearing on October 28, 2011 and has been taken under advisement. At the end of the hearing, the Court represented that it would issue this short order announcing its decision on the pending Motion to Dismiss and that a Memorandum Opinion explaining the reasons for its decision would follow. Based on the records, files, and proceedings herein, IT IS HEREBY ORDERED that: 1. Beneficial s Motion to Dismiss (Doc. No. [22]) is GRANTED. 2. Plaintiffs Third Amended Complaint (Doc. No. [21]) is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: November 10, 2011 s/Donovan W. Frank DONOVAN W. FRANK United States District Judge 2

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