Ramlet v. E.F. Johnson Co., 507 F.3d 1149 (8th Cir. 2007). · Go Syfert
Ramlet v. E.F. Johnson Co., 507 F.3d 1149 (8th Cir. 2007). Cases Citing This Book View Copy Cite
114 citation events (113 in the last 25 years) across 13 distinct courts.
Strongest positive: M. McKee v. Honeywell Federal Manufacturing & Technologies, LLC (mowd, 2026-05-12)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) M. McKee v. Honeywell Federal Manufacturing & Technologies, LLC
W.D. Mo. · 2026 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citing Chambers v. Metro.
discussed Cited as authority (rule) Mears v. Tyson Poultry, Inc. (2×)
W.D. Ark. · 2025 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
discussed Cited as authority (rule) Myers v. The United Food & Commercial Workers International Union, Local 655 (2×) also: Cited "see"
E.D. Mo. · 2025 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007) (declining to hold that direct evidence of discrimination existed, in part because “an inference [was] required to connect” the purported evidence to the allegedly discriminatory act); see also Mahler, 931 F.3d at 805 (applying Ramlet’s direct-evidence reasoning to a Title VII retaliation case).
discussed Cited as authority (rule) Feimster v. Westinghouse Air Brake Technologies Corporation
E.D. Ark. · 2025 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (determining in ADEA claim that comment made four months prior to plaintiff’s termination by sales vice president to persons not involved in the decisional process that he intended to hire “young studs” to replace older sales people was not sufficient to find age discrimination motivated plaintiff’s termination).
discussed Cited as authority (rule) Bowman v. 3M Company (2×)
W.D. Ark. · 2025 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
discussed Cited as authority (rule) Walker v. Washington Regional Medical Center (2×)
W.D. Ark. · 2025 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (citation omitted).
cited Cited as authority (rule) Campbell v. Modern Mod, Inc.
W.D. Mo. · 2024 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (quoting 29 U.S.C. § 623 (a)(1)).
cited Cited as authority (rule) Deborah Lightner v. Catalent CTS (Kansas City)
8th Cir. · 2023 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
cited Cited as authority (rule) Williams v. Fort Zumwalt School District
E.D. Mo. · 2023 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007)).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Texar Line Clearance, Inc.
W.D. Ark. · 2023 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
discussed Cited as authority (rule) Ma v. Nucor-Yamato Steel Company
E.D. Ark. · 2022 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007) (citing Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 635 (8th Cir. 1998) (quoting Price Waterhouse v. Hopkins, 490 U.S. 228, 277 (1989))).
cited Cited as authority (rule) Stanbury v. Sioux City Community School District
Iowa Ct. App. · 2022 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)).
cited Cited as authority (rule) Geren v. Laster, P.A.
W.D. Ark. · 2021 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
discussed Cited as authority (rule) Hillesheim v. Wells Fargo Bank, N.A. (2×) also: Cited "see"
D. Minnesota · 2021 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
discussed Cited as authority (rule) Brandt v. Cedar Falls, City of
N.D. Iowa · 2021 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)). “‘[S]tray remarks in the workplace,’ ‘statements by nondecisionmakers,’ and ‘statements by decisionmakers unrelated to the decisional process’ do not constitute direct evidence.” Id. (quoting Schierhoff v. GlaxoSmithKline Consumer Healthcare, L.P., 444 F.3d 961, 966 (8th Cir. 2006)).
discussed Cited as authority (rule) Woods v. The Circuit Attorney's Office of the City of St. Louis/The City of St. Louis, MO
E.D. Mo. · 2020 · confidence medium
Johnson, 507 F.3d 1149, 1153 (8th Cir. 2007) (comments made more than four months before the adverse employment action were not connected to the decision-making process and, therefore, were not direct evidence of discrimination).
cited Cited as authority (rule) Clark v. Sarpy County
D. Neb. · 2020 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir 2007)).
cited Cited as authority (rule) Taylor v. Abbott Laboratories Inc
E.D. Ark. · 2019 · confidence medium
Johnson Co., 507 F3d 1149, 1153 (8th Cir. 2007).
cited Cited as authority (rule) Bernard v. St. Jude Medical S.C., Inc.
D. Minnesota · 2019 · confidence medium
Johnson, 507 F.3d 1149, 1153 (8th Cir. 2007) (same).
cited Cited as authority (rule) Swain v. Tyson Mexican Original
W.D. Ark. · 2019 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
cited Cited as authority (rule) James Aulick v. Skybridge Americas, Inc.
8th Cir. · 2017 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
discussed Cited as authority (rule) Sampson v. City of Fort Smith (2×)
W.D. Ark. · 2017 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir. 2007).
cited Cited as authority (rule) Lapoint v. Orthodontics
Minn. · 2017 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007)) (internal quotation marks omitted).
cited Cited as authority (rule) Sharilyn Haggenmiller v. ABM Parking Services, Inc.
8th Cir. · 2016 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007).
cited Cited as authority (rule) Pena v. Kindler
D. Minnesota · 2016 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (finding that comments made “four months before [plaintiffs] termination” did not establish a causal'connection); Kipp v. Mo. Highway & Transp.
cited Cited as authority (rule) Nash v. Optomec, Inc.
D. Minnesota · 2016 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007).
cited Cited as authority (rule) Nicole LaPoint v. Family Orthodontics, P. A.
Minn. Ct. App. · 2015 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007) (quotation omitted) (emphasis added).
discussed Cited as authority (rule) Dunn v. Lyman School District 42-1
D.S.D. · 2014 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (holding that comments made at least four months before the adverse employment action were not connected to the decisionmaking process and thus were not direct evidence of age discrimination).
cited Cited as authority (rule) Sellers v. Deere & Co.
N.D. Iowa · 2014 · confidence medium
King, 553 F.3d at 1160 (requiring a “specific link between the alleged discriminatory animus and the challenged decision”); Ramlet, 507 F.3d at 1152-53 (same). b.
cited Cited as authority (rule) Hilde v. City of Eveleth
D. Minnesota · 2013 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (sufficiently younger).
discussed Cited as authority (rule) Johnson v. Securitas Security Services USA, Inc. (2×)
8th Cir. · 2013 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007) (internal citation omitted).
discussed Cited as authority (rule) Toni Bone v. G4S Youth Services
8th Cir. · 2012 · confidence medium
Johnson, 507 F.3d 1149, 1153 (8th Cir.2007) (holding that comments made more than four months prior to the adverse employment action were not connected to the decision-making process and, therefore, were not direct evidence of discrimination).
cited Cited as authority (rule) Hillins v. Marketing Architects, Inc.
D. Minnesota · 2011 · confidence medium
Johnson Co., 507 F.3d 1149, 1154 (8th Cir.2007); Brocklehurst v. PPG Indus., Inc., 123 F.3d 890 , 895 (6th Cir.1997) (citation omitted).
discussed Cited as authority (rule) John Howell v. Carl Redus
8th Cir. · 2011 · confidence medium
Johnson Co., 507 F.3d 1149, 1152-53 (8th Cir.2007) (noting that direct evidence of discrimination must show a link between the alleged discriminatory animus and the employment decision; direct evidence does not include statements made by decision-makers that are not related to the deci-sional process).
cited Cited as authority (rule) Marez v. SAINT-GOBAIN CONTAINERS, INC.
E.D. Mo. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1154 (8th Cir.2007) (holding that even a five-year difference is not sufficient to permit an inference of age discrimination); Lewis v. St.
discussed Cited as authority (rule) Torgerson v. City of Rochester
8th Cir. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (If the defendant provides a non-discriminatory reasons for its decision, "the presumption [of discrimination] disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for. . . discrimination"); Pope v. ESA Serv., Inc., 406 F.3d 1001, 1007 (8th Cir.2005) ("[T]he ultimate burden falls on [plaintiffs] to produce evidence sufficient to create a genuine issue of material fact regarding whether [the employer's] proffered nondiscriminatory justifications are mere pretext for intentional discrimination.").
discussed Cited as authority (rule) David Torgerson v. City of Rochester (2×)
8th Cir. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (If the defendant provides a non-discriminatory reasons for its decision, “the presumption [of discrimination] disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for ... discrimination”); Pope v. ESA Serv., Inc., 406 F.3d 1001, 1007 (8th Cir.2005) (“[T]he ultimate burden falls on [plaintiffs] to produce evidence sufficient to create a genuine issue of material fact regarding whether [the employer’s] proffered nondiscriminatory justifications are mere pretext for intentional discrimination…
cited Cited as authority (rule) United States v. Mary M. Moriarty
8th Cir. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007) (de novo review of summary judgment decision).
discussed Cited as authority (rule) Lake v. Yellow Transportation, Inc. (2×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), citing Lewis v. St.
discussed Cited as authority (rule) William Lake v. Yellow Transportation (2×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), citing Lewis v. St.
cited Cited as authority (rule) Bevill v. Home Depot U.S.A., Inc.
S.D. Iowa · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007)).
discussed Cited as authority (rule) Myers v. CROELL REDI-MIX, INC.
N.D. Iowa · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1153 (8th Cir.2007) (holding that comments made more than four months *903 prior to the adverse employment action were not related to the decision making process and therefore were not direct evidence).
cited Cited as authority (rule) Jackson v. Dunham
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we hold that summary judgment was properly granted.
cited Cited as authority (rule) Rodney Jackson v. Gary Maynard
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), we hold that summary judgment was properly granted.
cited Cited as authority (rule) Jackson v. Dunham
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we hold that summary judgment was properly granted.
discussed Cited as authority (rule) David Hering v. Iowa State Patrol
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007); Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir.1993) (per curiam), we conclude the district court did not err in granting judgment in favor of appellees.
cited Cited as authority (rule) Morgan v. Ford
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we find no basis for reversal, and we affirm.
discussed Cited as authority (rule) Reginald Morgan v. Johnny Ford (2×)
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir. 2007), we find no basis for reversal, and we affirm.
cited Cited as authority (rule) Morgan v. Ford
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we find no basis for reversal, and we affirm.
discussed Cited as authority (rule) Taariq S. Irshaad v. Deputy Aaron Hess (2×)
8th Cir. · 2009 · confidence medium
Johnson Co., 507 F.3d 1149, 1152 (8th Cir.2007), we conclude that summary judgment was properly granted because there was no genuine issue as to any material fact and appellees were entitled to judgment as a matter of law.
Retrieving the full opinion text from the archive…
Jerald RAMLET, Appellant,
v.
E.F. JOHNSON COMPANY, Appellee
Steven A. Smith, argued, Minneapolis, MN (Robert L. Schug, on the brief), for appellant., Steven W. Wilson, argued, Minneapolis MN, for appellee.
Benton, Bowman, and Shepherd, Circuit Judges.
Cited by 69 opinions  |  Published
Pinpoint authority: bottom 50%
BENTON, Circuit Judge.

Jerald L. Ramlet appeals the district court’s [1] grant of summary judgment to E.F. Johnson Company on his claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a), and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363A.08(2). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

In 2001, E.F. Johnson hired Ramlet as Vice President of Sales. In 2003, he voluntarily accepted a different position, Director of Sales for the Central United States. He was initially responsible for sales in fourteen states, although three states were later deleted but two different states added.

In 2004, Ramlet began reporting to John Suzuki, who had assumed his former job as Vice President of Sales. In 2005, due to Ramlet’s low sales numbers and concentration of phone calls within Minnesota (which accounted for only one percent of his business), Suzuki suspected that Ramlet was working for another company, in violation of E.F. Johnson’s ethics code.

On July 5, 2005, Suzuki relayed his concerns to Brenda S. Jackson, Executive Vice President of Sales and Marketing. They decided to instruct Ramlet to devise a territory transition plan, reassigning six of Ramlet’s states to two other salespersons (ages 54 and 57). Additionally, without telling Ramlet, Jackson instructed the IT department to copy the files from his company-provided laptop. Reviewing the copied files, Jackson discovered: a business plan that listed Ramlet as an officer several times; e-mail communications between Ramlet and his wife that Jackson believed indicated they were starting a business; and e-mail communications between Ramlet and a former co-worker that Jackson believed indicated Ramlet visited strip clubs and/or solicited prostitutes while on business trips.

Jackson informed E.F. Johnson’s president, who instructed her to work with Michael B. Gamble, Vice President of Administration. Jackson recommended to[*1152] Gamble that Ramlet be terminated; Gamble agreed. On August 18, 2005, Gamble and Suzuki informed Ramlet that his employment was terminated because he was the owner and president of another business. While Suzuki e-mailed the staff to announce Ramlet’s termination, Gamble and Ramlet met. Ramlet denied any involvement with another business. Gamble agreed to delay the termination so he could investigate further.

Meanwhile, two E.F. Johnson employees contacted Ramlet about comments by Suzuki. One told Ramlet that, over a year before, Suzuki had said he wanted to hire “a bunch of young, dumb, and full of cum guys.” Another (former) employee told Ramlet that Suzuki had said “he intended to hire ‘young studs’ to replace the older sales people” (the date of this statement is not clear but was between May 2004 and April 2005).

After further investigation, Ramlet’s termination was made effective September 2, 2005. He was 42 years old. Ramlet received a termination letter, listing three reasons: “(i) failure to meet satisfactory sales activity; (ii) failure to meet revenue objectives; and (iii) a willful failure to perform duties with the Company.” Ramlet’s remaining seven states were — after temporary arrangements — permanently reassigned to Rich Gruitch, a new hire age 41, and Joe Heersche, a current salesperson age 37.

Ramlet sued E.F. Johnson, claiming age discrimination in violation of the ADEA and the MHRA and a variety of state law claims. The district court granted E.F. Johnson summary judgment on the age discrimination claims, and refused supplemental jurisdiction over the other state law claims. Ramlet appeals.

II.

This court reviews the grant of summary judgment de novo, viewing the record in the light most favorable to the non-moving party. Lewis v. St. Cloud State Univ., 467 F.3d 1133, 1135 (8th Cir.2006). Summary judgment is proper if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); E.E.O.C. v. City of Independence, Mo., 471 F.3d 891, 894 (8th Cir.2006).

The ADEA provides: “It shall be unlawful for an employer ... to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C. § 623(a)(1). MHRA age discrimination claims are analyzed under the same framework. Chambers v. Metro. Prop. & Cas. Ins. Co., 351 F.3d 848, 855 (8th Cir.2003). An age discrimination plaintiff may survive the defendant’s motion for summary judgment either by setting out direct evidence of discrimination or by creating an inference of discrimination under the McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), burdenshifting framework. McGinnis v. Union Pac. R.R., 496 F.3d 868, 873 (8th Cir.2007).

A.

Ramlet argues that Suzuki’s comments are direct evidence of age discrimination. “[Djirect evidence is evidence ‘showing a specific link between the alleged discriminatory animus and the challenged decision, sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated’ the adverse employment action.” Griffith v. City of Des Moines, 387 F.3d 733, 736 (8th Cir.2004), quoting Thomas v. First Nat’l Bank of Wynne, 111 F.3d 64, 66 (8th Cir.1997). In this context, whether evidence is direct depends on its causal[*1153] strength. Id. “ ‘[D]irect evidence’ does not include ‘stray remarks in the workplace,’ ‘statements by nondecisionmakers,’ or ‘statements by decisionmakers unrelated to the decisional process itself.’ ” Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 635 (8th Cir.1998), quoting Price Waterhouse v. Hopkins, 490 U.S. 228, 277, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989).

Suzuki’s comments are not direct evidence. Assuming Suzuki was a deci-sionmaker, Ramlet has not demonstrated a specific link between the comments and his termination. The comments were not related to the decisional process as the most recent occurred at least four months before Ramlet’s termination, and both were made to employees not involved in the decisional process. See, e.g., Twymon v. Wells Fargo & Co., 462 F.3d 925, 934 (8th Cir.2006); Arraleh v. County of Ramsey, 461 F.3d 967, 975 (8th Cir.2006). Further, an inference is required to connect the statements to Ramlet, as they do not mention him or indicate that Suzuki considered him “older.” See Erickson v. Farmland Indus., Inc., 271 F.3d 718, 725 (8th Cir.2001) (“Making this comment into evidence of age animus requires an inference, and the comment therefore does not directly reflect an attitude of discrimination based on age.”). Standing alone, Suzuki’s com ments are not sufficient to find that age discrimination actually motivated Ramlet’s termination. See Radabaugh v. Zip Feed Mills, Inc., 997 F.2d 444, 449-50 (8th Cir.1993) (repeated statements that company was “young, mean and lean,” in addition to other evidence and corporate planning documents emphasizing youth, support an inference of age discrimination).

B.

Ramlet argues that he has created an inference of discrimination. Under the McDonnell Douglas burden-shifting framework, the plaintiff initially has the burden to establish a prima facie case of discrimination. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. A prima facie case creates a rebuttable presumption of discrimination. Kohrt v. MidAmerican Energy Co., 364 F.3d 894, 897 (8th Cir.2004). The burden then shifts to the defendant to provide a legitimate, nondiscriminatory reason for the adverse employment action. McDonnell Douglas Corp., 411 U.S. at 802, 93 S.Ct. 1817. If the defendant provides such a reason, the presumption disappears, and the burden shifts back to the plaintiff to show that the proffered reason was pretext for age discrimination. Haas v. Kelly Servs., Inc., 409 F.3d 1030, 1035 (8th Cir.2005). At all times, the ultimate burden of persuasion is on the plaintiff. Lewis, 467 F.3d at 1137.

To satisfy the prima facie burden in an age discrimination termination case, Ramlet must show he was: (1) a member of the protected class, i.e., at least 40 years old; (2) qualified for his position; (3) terminated; and (4) replaced by someone sufficiently younger to permit an inference of age discrimination. McGinnis, 496 F.3d at 875. In reduction in force (RIF) eases where the plaintiffs duties are either eliminated or redistributed to remaining workers, the fourth element is satisfied by showing that age was a factor in the termination. Id. at 875 n. 4 (proof that age was a factor in the termination is “needed only in reduction in force cases”); Hitt v. Harsco Corp., 356 F.3d 920, 924 (8th Cir.2004); Chambers, 351 F.3d at 855-56; Hutson v. McDonnell Douglas Corp., 63 F.3d 771, 776 (8th Cir.1995).

When Ramlet was terminated, he was responsible for sales in seven states. Those seven states were permanently reassigned to one existing salesperson and one new salesperson, ages 37 and 41. See Lewis, 467 F.3d at 1136 (“the important[*1154] datum here is the age of the person whom the [employer] chose as [the employee’s] permanent replacement”). Ramlet argues that the alternate fourth element applies, even though this is not a RIF case, because his territory was reassigned to several people and therefore he was not replaced. However, unlike a RIF case, E.F. Johnson did not eliminate or redistribute all Ramlet’s duties, but instead specifically hired someone to assume three of Ramlet’s seven states. Therefore, the alternate fourth element does not apply.

Under the traditional fourth element, the ages of Ramlet’s replacements are not sufficient to permit an inference of age discrimination. The new hire, Gruitch, was 41, clearly not sufficiently younger. Even if only the younger replacement is considered, this five-year difference is not sufficient. See id. (“a five-year age difference is insufficient to establish a prima facie case”).

Because Ramlet failed to carry his burden by establishing a prima facie case of age discrimination, summary judgment in favor of E.F. Johnson is appropriate.

III.

The judgment of the district court is affirmed.

1

. The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.