HANS v. THARALDSON

Civil No. 3:05-CV-115.

601 F.Supp.2d 1139 (2009)

Raymond HANS, Gayle Herbert, Jeremy Jackey, Chuck LeBlanc, Larry Richman, Donna Walker, and Michael Webster, on behalf of themselves, Individually and on behalf of All Others Similarly Situated, Plaintiffs, v. Gary D. THARALDSON, Connie Tharaldson, Roger Tharaldson, Raymond Braun, and James Lochow, as Trustees of the Michelle Tharaldson Trust and as Trustees of the Matthew Tharaldson Trust; South Dakota Trust Company, LLC, as Trustee of the Michelle Lyn Tharaldson Lemaster Dynasty Trust, as Trustee of the Matthew Tharaldson Dynasty Trust, and as Trustee of the Michael Tharaldson Dynasty Trust; and Linda Tharaldson, individually and in her capacity as Trustee for the Michael Tharaldson Trust, Defendants, and Tharaldson Motels, Inc. Employee Stock Ownership Plan, Nominal Defendant.

United States District Court, D. North Dakota, Southeastern Division.

March 4, 2009.


Attorney(s) appearing for the Case

Alan Baker, Stacey Elizabeth Tjon Bossart, Solberg Stewart Miller & Tjon, Fargo, ND, Marc I. Machiz, R. Joseph Barton, Cohen Milstein Sellers & Toll PLLC, Philadelphia, PA, R. Joseph Barton, Whitney R. Case, Bruce F. Rinaldi, Cohen Milstein Sellers & Toll PLLC, Washington, DC, for Plaintiffs.

John J. McGowan, Jr., Baker & Hostetler LLP, Cleveland, OH, John B. Moorhead, Paul S. Enockson, Baker & Hostetler, Denver, CO, Sidney J. Spaeth, Vogel Law Firm, Fargo, ND, Alton L. Gwaltney, III, Mark A. Nebrig, Moore & Van Allen PLLC, Charlotte, NC, for Defendants.


RALPH R. ERICKSON, District Judge.

Before the Court is a Motion for Reconsideration of Order on the Motion to Dismiss Dated September 26, 2007, 2007 WL 2873504, filed by dismissed Plaintiffs Raymond Hans, Chuck LeBlanc, and Larry Richman ("the Dismissed Plaintiffs") (Doc. # 192). Defendants Gary and Connie Tharaldson ("the Tharaldsons") have filed a brief in opposition (Doc. # 207).

DISCUSSION

As an initial matter, it should be noted that...

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