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D. Minn.Procedural orderFiled Jan. 4, 2022

Vogt v. MEnD Correctional Care, PLLC

Judge
Wilhelmina Wright
Docket
0:21-cv-01055
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

Vogt v. Crow Wing County: Judge Wright adopted a recommendation, partly granting and partly denying defendants’ motion to dismiss.

Who this affects

Molly Vogt’s Counts II–V and all counts against Heath Fosteson, Cherokee DeLeon, Christine Ghinter, and Lukasz Organista were subject to the granted portions of the motion. Count I against Robert Anderson, Raynor Blum, and Ronald J. Imgrund remained unaffected by the denied portion of the motion.

What happened

In Molly Vogt v. Crow Wing County, the court reviewed a magistrate judge’s recommendation after no party objected. The court found no clear error.

The court adopted the recommendation and granted defendants’ motion to dismiss as to Counts II through V and all claims against Heath Fosteson, Cherokee DeLeon, Christine Ghinter, and Lukasz Organista. The court denied the motion as to Count I against Robert Anderson, Raynor Blum, and Ronald J. Imgrund.

Judge Wilhelmina M. Wright entered the January 4, 2022 order. The opinion does not explain the legal grounds for the individual counts.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Vogt v. MEnD Correctional Care, PLLC · No. 0:21-cv-01055
Judge
Wilhelmina Wright
Date
Jan. 4, 2022

Background

The court considered a November 1, 2021 Report and Recommendation from then-United States Magistrate Judge Katherine M. Menendez. No objections were filed. Under the cited federal rule, the district court therefore reviewed the recommendation for clear error.

Ruling

Judge Wilhelmina M. Wright found no clear error and adopted the Report and Recommendation. The court ordered that defendants’ motion to dismiss be granted in part and denied in part:

- The motion was granted as to Counts II–V. - The motion was granted as to all counts against Heath Fosteson, Cherokee DeLeon, Christine Ghinter, and Lukasz Organista. - The motion was denied as to Count I against Robert Anderson, Raynor Blum, and Ronald J. Imgrund.

The opinion does not state the legal grounds for the dismissal rulings or describe the allegations in the individual counts.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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