Goldmann v. Sherburne County Sheriffs Department
- Katherine Menendez
- 0:21-cv-02530
- U.S. District Court · District of Minnesota
- 2
Goldmann v. Sherburne County Sheriffs Department: Judge Menendez accepted an unopposed recommendation, severed Romelle Smith’s claims, and dismissed the remaining claims without prejudice.
Romelle Smith’s claims were severed into a new action and related back to November 18, 2021. The remaining plaintiffs’ claims were dismissed without prejudice for failure to prosecute. Nicholas Ratkowski and the Contreras Edin law firm were withdrawn as counsel from both actions.
What happened
In Goldmann v. Sherburne County Sheriffs Department, no party objected to Magistrate Judge Dulce J. Foster’s recommendation. The district court reviewed it for clear error and accepted it in full.
The court ordered Romelle Smith’s claims severed into a new action and directed that his proposed amended complaint become the operative complaint there. It also ruled that his claims relate back to November 18, 2021.
Judge Katherine M. Menendez dismissed the remaining plaintiffs’ claims without prejudice for failure to prosecute, withdrew the plaintiffs’ counsel from both actions, directed the clerk to mail Smith specified documents, and closed the case.
The detailed version
- Goldmann v. Sherburne County Sheriffs Department · No. 0:21-cv-02530
- Katherine Menendez
- Dec. 12, 2024
Background
The order concerns a Report and Recommendation issued by United States Magistrate Judge Dulce J. Foster on September 17, 2024. The opinion states that no objections were filed within the permitted period. Because there were no objections, the district court reviewed the recommendation for clear error rather than conducting a fresh review of disputed issues.
Court’s analysis
After reviewing the recommendation and the record, the court found no error, clear or otherwise, and accepted the Report and Recommendation in full. The opinion does not decide the underlying claims on their merits.
Orders
The court ordered that:
- Romelle Smith’s claims be severed from this action and that his Proposed Amended Complaint be docketed as the operative complaint in a new action.
- Smith’s claims relate back to November 18, 2021, the filing date of the original complaint identified in the order.
- The remaining plaintiffs’ claims be dismissed without prejudice for failure to prosecute.
- Plaintiffs’ counsel, Nicholas Ratkowski and the Contreras Edin law firm, be withdrawn from both this action and Smith’s severed action.
- The Clerk’s Office mail Smith a copy of the order, the new case number, and an application to proceed in forma pauperis.
- The case be closed.
The case caption identifies the plaintiff as Steven Goldmann, while the operative directives refer to Romelle Smith and other plaintiffs. The supplied filing date is December 12, 2024, while the order itself is dated December 10, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.