Oxbow Solar Professionals, Inc. v. Borrego Solar Systems, Inc.
- Eric Tostrud
- 0:20-cv-00567
- U.S. District Court · District of Minnesota
- 2
In Oxbow Solar Professionals v. Borrego Solar Systems, Judge Tostrud accepted a report and dismissed the action without prejudice for failure to prosecute.
Oxbow Solar Professionals, Inc.’s entire action was dismissed without prejudice; the order ended the action against the listed defendants without deciding the underlying claims.
What happened
Oxbow Solar Professionals, Inc. sued Borrego Solar Systems, Inc. and other defendants. A magistrate judge issued a report recommending action in the case, and no party objected.
The court found no clear error in the report and accepted it. It dismissed Oxbow’s entire action without prejudice under Rule 41(b) because Oxbow failed to prosecute the case.
Judge Eric C. Tostrud issued the order on January 4, 2022. The order did not decide the underlying claims.
The detailed version
- Oxbow Solar Professionals, Inc. v. Borrego Solar Systems, Inc. · No. 0:20-cv-00567
- Eric Tostrud
- Jan. 4, 2022
Background
Oxbow Solar Professionals, Inc., doing business as Oxbow Sunworks, brought an action against Borrego Solar Systems, Inc., and the other defendants listed in the case caption. Magistrate Judge David T. Schultz issued a Report and Recommendation on December 15, 2021. No party objected to that report.
Court’s analysis
Because there were no objections, the court reviewed the Report and Recommendation for clear error under Federal Rule of Civil Procedure 72(b). The court found no clear error. The opinion does not describe the underlying claims or explain the conduct that led to the failure-to-prosecute finding.
Ruling
The court accepted the Report and Recommendation and dismissed Oxbow’s action against Borrego Solar Systems, Inc., and the other defendants in its entirety without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. “Without prejudice” means the dismissal does not itself bar a later filing. The order directed that judgment be entered. Judge Eric C. Tostrud signed the order on January 4, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.