Otterness v. Andersen Windows Corporation
- Nancy Brasel
- 0:17-cv-04767
- U.S. District Court · District of Minnesota
- 2
In Otterness v. Andersen Windows Corporation, Judge Wright adopted the recommendation, granted Menk & Menk’s dismissal motion, and dismissed three defendants without prejudice.
Einar J. Otterness, Menk & Menk Law Firm, The Hartford, and Old Republic Insurance Company; the order does not state a disposition for Andersen Windows Corporation.
What happened
In Otterness v. Andersen Windows Corporation, Einar J. Otterness sued Andersen Windows Corporation, The Hartford, Old Republic Insurance Company, and Menk & Menk Law Firm. The opinion does not describe the claims.
The court adopted a magistrate judge’s recommendation. It granted Menk & Menk Law Firm’s motion to dismiss and dismissed that firm without prejudice. It also dismissed The Hartford and Old Republic Insurance Company without prejudice because Otterness failed to pursue the case. The order does not state a disposition for Andersen Windows Corporation.
Because no one objected to the recommendation, Judge Wilhelmina M. Wright reviewed it for clear error and found none. She adopted the recommendation and entered the dismissals.
The detailed version
- Otterness v. Andersen Windows Corporation · No. 0:17-cv-04767
- Nancy Brasel
- Aug. 2, 2018
Background
Einar J. Otterness brought this case against Andersen Windows Corporation; The Hartford; Old Republic Insurance Company, administered by Gallagher Bassett Services, Inc.; and Menk & Menk Law Firm. The opinion does not explain the underlying claims or the factual allegations.
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation on June 6, 2018. No party filed objections.
Court’s review
When no timely objection is filed, the district court reviews a magistrate judge’s recommendation for clear error, meaning an obvious mistake. The court reviewed the recommendation and found no clear error.
Rulings
The court adopted the June 6, 2018 Report and Recommendation. It granted Menk & Menk Law Firm’s motion to dismiss. It dismissed Menk & Menk Law Firm without prejudice.
The court also dismissed The Hartford without prejudice based on Otterness’s failure to prosecute, meaning his failure to move the case forward. It dismissed Old Republic Insurance Company without prejudice on the same basis. The order does not state a disposition for Andersen Windows Corporation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.