Abelmann et al v. SmartLease USA, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Dan Abelmann and the Estate of Leanne 	)
Abelmann, as successor-in-interest to Leanne 	)
Abelmann, deceased, 	)
) 	ORDER FOR DISMISSAL AND
Plaintiffs and Counterclaim 	) 	ENTRY OF FINAL JUDGMENT
Defendants, 	) 	OF CERTAIN CLAIMS; ORDER
) 	GRANTING LEAVE TO FILE
v. 	) 	AMENDED PLEADINGS
)
Smart Lease USA, L.L.C., 	)
)
Defendant, Counterclaimant and 	)
Third-Party Plaintiff, 	)
)
Executive Housing Solutions, LLC; Ray Wurth, 	)
Don Gibson, and Richard Church a/k/a Chad 	)
Church, d/b/a Executive Housing Solutions, LLC; 	) 	Case No. 4:14-cv-040
Ray Wurth, Don Gibson, Richard Church a/k/a 	)
Chad Church, 	)
)
Third-Party Defendants. 	)
On January 25, 2021, Smart Lease USA, LLC (“Smart Lease”) filed a Motion for Dismissal
of the Abelmann’s Claims and Smart Lease’s Counterclaims and for Leave to Allow Smart Lease
to File its First Amended Complaint. (Doc. Nos. 241 and 244). The parties also filed a Stipulation
for Dismissal of the Abelmann’s Claims and Smart Lease’s Counterclaims and for Leave to Allow
Smart Lease to File its First Amended Complaint. (Doc. No. 243).
The court ADOPTS the parties’ stipulation 	(Doc. No. 243), GRANTS Smart Lease’s
motion (Doc. Nos. 241 and 244), and ORDERS:
1. 	Plaintiffs and Counterclaim Defendants Dan Abelmann and the Estate of Leanne
Abelmann, as successor-in-interest to Leanne Abelmann, deceased (“Abelmanns”)
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claims against Smart Lease in are DISMISSED with prejudice and without costs,
disbursements, or attorney’s fees to any party.
2. 	Smart Lease’s counterclaims against the Abelmans are DISMISSED with prejudice
and without costs, disbursements, or attorney’s fees to any party.
3. 	The court concludes based on the referenced Stipulation there is no just reason for
delay in the dismissal of the claims referenced in 1and 2 above becoming final and,
pursuant to Fed. R. Civ. P. 54(b) directs the clerk to enter a final judgment of
dismissal of those claims.
4. 	Smart Lease shall have until February 1, 2021, to file its First Amended Complaint.
The allegations of the First Amended Complaint shall relate back to May 20, 2016,
the date on which the Court entered its order allowing Smart Lease to bring an action
against Executive Housing Solutions, LLC, Ray Wurth and Don Gibson d/b/a
Executive Housing Solutions, LLC, Ray Wurth, and Don Gibson. (Doc. No.
66).
5. 	Third Party Defendants Executive Housing Solutions, LLC, Ray Wurth and Don
Gibson d/b/a Executive Housing Solutions, LLC, Ray Wurth, and Don Gibson as
Defendants shall have 21 days to file an Answer to the First Amended Complaint.
Dated this 27th day of January, 2021.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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