Duluth, MN (NNCNOW.com)-- A St. Louis County Judge has struck down Last Place on Earth's attempt to collect damages from to a 2011 raid by authorities. Duluth District Court Judge Shaun Floerke dismissed all of the complaints Carlson's attorney brought forth. In his legal memorandum, Floerke says all of the items seized in the 2011 raid were within the scope of the warrant, and the items seized cannot be returned to Carlson because they are part of an ongoing criminal investigation. Floerke also dismissed Carlson's claim that chemicals seized in the raid, were legal at the time, making the search and seizure invalid. Carlson says he will be filing an appeal soon. "Really soon we will be re-filing and we think he's a real fair judge," said Carlson. The lawsuit was dismissed without prejudice meaning it can be brought before the court again at a later date. Carlson's attorney, Randell Tigue, says a small portion of the chemicals collected were illegal at the time of the raid, but he says "the seized material mostly was legal in 2011, but is illegal now". Federal agents raided Last Place on Earth earlier this year. We've learned since then that a grand jury investigation is questioning people here, in Duluth about the sale of synthetic drugs. Now, Carlson and his attorney say the feds could take action before January 9th. Both of them said Carlson could be indicted, and possibly arrested before that date.