H&S Contracting, Inc. v. Kinetic Leasin, Inc.

Full title: H&S CONTRACTING, INC., et al, Plaintiffs, v. KINETIC LEASIN, INC, et al…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Jul 6, 2018

Civil Nos. 17-355 (JRT/LIB) (D. Minn. Jul. 6, 2018)

Opinion

Civil Nos. 17-355 (JRT/LIB)

07-06-2018

H&S CONTRACTING, INC., et al, Plaintiffs, v. KINETIC LEASIN, INC, et al, Defendants

H&S Contracting, Inc, and Tracy A. Hazelton, pro se plaintiffs. Joseph A Wetch , Jr, SERKLAND LAW FIRM, 10 Roberts Street, P.O. Box 6017, Fargo, ND 58108-6017, for defendant Kinetic Leasing, Inc. Jeffry C Braegelmann, GISLASON & HUNTER LLP - NEW ULM, PO Box 458, New Ulm, MN 56073-0458, for defendant First Bank & Trust.

JOHN R. TUNHEIM Chief Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATIONS

H&S Contracting, Inc, and Tracy A. Hazelton, pro se plaintiffs. Joseph A Wetch , Jr, SERKLAND LAW FIRM, 10 Roberts Street, P.O. Box 6017, Fargo, ND 58108-6017, for defendant Kinetic Leasing, Inc. Jeffry C Braegelmann, GISLASON & HUNTER LLP - NEW ULM, PO Box 458, New Ulm, MN 56073-0458, for defendant First Bank & Trust.

Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED that:

1. Defendant First Bank and Trust's Motion for Summary Judgment, [Docket No. 30], is GRANTED in part and DENIED in part.

2. The proceeds from the September 16, 2016, sale of the Equipment which are on deposit with the Court should be distributed to First Bank & Trust.

3. Defendant Kinetic Leasing, Inc.'s Motion for Summary Judgment, [Docket No. 43], is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 6, 2018
at Minneapolis, Minnesota

s/John R. Tunheim

JOHN R. TUNHEIM

Chief Judge

United States District Court