Kern v. New Flyer of America, Inc.
- Eric Tostrud
- 0:18-cv-03270
- U.S. District Court · District of Minnesota
- 1
In Kern v. New Flyer, Judge Tostrud dismissed Kern’s complaint without prejudice for failure to prosecute after accepting an unobjected-to recommendation.
John B. Kern’s complaint was dismissed without prejudice for failure to prosecute; New Flyer of America, Inc. was the defendant.
What happened
In Kern v. New Flyer of America, Inc., John B. Kern brought a complaint against New Flyer of America, Inc. The opinion does not describe the complaint’s underlying claims.
A magistrate judge recommended dismissing the complaint. Because no party objected, the court reviewed the recommendation for clear error and found none.
Judge Eric C. Tostrud accepted the recommendation and dismissed Kern’s complaint without prejudice for failure to prosecute. The court ordered that judgment be entered.
The detailed version
- Kern v. New Flyer of America, Inc. · No. 0:18-cv-03270
- Eric Tostrud
- May 13, 2019
Background
John B. Kern filed a complaint against New Flyer of America, Inc. The opinion does not explain the complaint’s underlying claims or the events giving rise to them.
United States Magistrate Judge Tony N. Leung issued a Report and Recommendation on April 25, 2019. No party objected to the recommendation.
Court’s Analysis
Under Federal Rule of Civil Procedure 72(b), when no objection is filed, the district court reviews a magistrate judge’s recommendation for clear error. Clear-error review asks whether the recommendation contains an obvious mistake. The court found no clear error after reviewing the case’s files, records, and proceedings.
Ruling
Judge Eric C. Tostrud accepted the Report and Recommendation. The court dismissed John B. Kern’s complaint without prejudice for failure to prosecute, meaning the dismissal did not bar refiling on that basis. The court also ordered that judgment be entered.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.