MOUA v. JANI-KING OF MINNESOTA, INC. (D.Minn. 2-2-2009)

ANN MONTGOMERY, District Judge

On January 27, 2009, the undersigned United States District Judge issued an Order [Docket No. 48] granting Defendants' Jani-King of Minnesota, Inc.; Jani-King International, Inc.; George Selman ("Selman"); and Steve Schmidt ("Schmidt") (collectively "Defendants") Motion for Partial Judgment on the Pleadings [Docket No. 27]. Plaintiffs' counsel has since informed the Court that the January 27, 2009 Order mistakenly transposed the causes of action of the claims in Counts VII and VIII of the Complaint. The purpose of this order is to correct that clerical error. The January 27, 2009 Order is hereby amended to correctly identify Count VII as being claims under the Minnesota Consumer Fraud Act and Count VIII as being claims under the Minnesota False Statement in Advertising Act. Consequently, and consistent with the discussion of those claims in the body of the Opinion, Count VII (Minnesota Consumer Fraud Act) is dismissed with prejudice and Count VIII (Minnesota False Statement in Advertising Act) is dismissed without prejudice.

Also, the January 27, 2009 Order provides that the dismissal of Plaintiffs' common law fraud claims and the claims under the Minnesota False Statement in Advertising Act is without prejudice to filing an amended complaint. It is hereby ordered that Plaintiffs file an amended complaint by February 17, 2009.