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govinfo:USCOURTS-mnd-0_23-cv-03769-3
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA BALLAST ADVISORS, LLC, Plaintiff, v. SCOTT A. PETERSON; MELINDA M. BRADLEY; MMX WEALTH PARTNERS, LLC; MMX WP, LLC; MMX MANAGEMENT, LLC; and MARK MARXER, Defendants. SCOTT A. PETERSON, Counter Plaintiff, v. BALLAST ADVISORS, LLC and PAUL PARNELL, Counter Defendants. Case No. 23‐CV‐3769 (PJS/JFD) ORDER Matthew T. Boos, Melissa R. Stumbras, and Christopher J. Markuson, FREDRIKSON & BYRON, P.A., for plaintiff and counter defendants. Joel Andersen, Katie M. Connolly, and Christopher T. Ruska, NILAN JOHNSON LEWIS PA, for defendants and counter plaintiff. This matter is before the Court on defendants’ objection to the May 1, 2026, Report and Recommendation (“R&R”) of Magistrate Judge John F. Docherty. ECF CASE 0:23-cv-03769-PJS-JFD Doc. 225 Filed 06/02/26 Page 1 of 3 No. 220. Judge Docherty recommends granting plaintiff Ballast Advisors, LLC’s (“Ballast’s”) motion for sanctions pursuant to Fed. R. Civ. P. 37(e)(1) and reserving for trial the questions of intent to deprive and the appropriateness of sanctions under Fed. R. Civ. P. 37(e)(2). ECF No. 219. As a sanction, Judge Docherty recommends ordering defendants to pay Ballast’s “costs and attorneys’ fees related to bringing this [sanctions] motion and the earlier Motion to Compel.” Id. at 18. Defendants do not dispute that their conduct is sanctionable under Fed. R. Civ. P. 37(e)(1). See ECF No. 220 at 1. Rather, defendants object only to “the portion of the [R&R] that awards Plaintiff its attorneys’ fees incurred in connection with its September 18, 2025, motion to compel.” Id. But Judge Docherty has yet to decide the amount of fees to be awarded to Ballast, so defendants’ objection is premature. The Court therefore overrules defendants’ objection and adopts the R&R. After Judge Docherty sets the amount of fees and costs, defendants may object to having to pay those amounts. ORDER Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES defendants’ objection [ECF No. 220] and ADOPTS the May 1, 2026, Report and Recommendation [ECF No. 219]. IT IS HEREBY ORDERED THAT: -2- CASE 0:23-cv-03769-PJS-JFD Doc. 225 Filed 06/02/26 Page 2 of 3 1. Plaintiff’s motion for sanctions pursuant to Fed. R. Civ. P. 37(e)(1) [ECF No. 148] is GRANTED IN PART as follows: a. Defendants must reimburse plaintiff’s fees and costs incurred in bringing the September 18, 2025, motion to compel [ECF No. 79] and the February 16, 2026, motion for sanctions [ECF No. 148]. b. Plaintiff’s motion for sanctions pursuant to Fed. R. Civ. P. 37(e)(2) [ECF No. 148] is DEFERRED until trial. c. Plaintiff’s motion is DENIED in all other respects. 3. This matter is REMANDED to Magistrate Judge John F. Docherty for resolution of the amount of attorney’s fees and costs to which plaintiff is entitled in accordance with the procedures outlined in the May 1, 2026, Report and Recommendation. Dated: June 2, 2026 /s/ Patrick J. Schiltz Patrick J. Schiltz, Chief Judge United States District Court -3- CASE 0:23-cv-03769-PJS-JFD Doc. 225 Filed 06/02/26 Page 3 of 3