Martin v. Larson

Background

Magistrate Judge John F. Docherty issued a Report and Recommendation on March 24, 2022. No party objected. Under the court’s stated procedure, the district court reviewed the recommendation for clear error and found none.

Rulings

The court accepted the Report and Recommendation.

The court denied as moot the motion to dismiss and for summary judgment filed by B. Bahneman, L. Lind, Ashley Peterson, and Benjamin Rice.

The court granted Joshua Larson’s motion for judgment on the pleadings and for dismissal under Minnesota Statute § 145.682. All claims against Larson were dismissed with prejudice.

The court construed Philip Lyle Martin’s motion to dismiss without prejudice in two ways. First, it treated the motion as a notice of voluntary dismissal against Lori Pykkonen and granted it to that extent. Second, together with the response from Bahneman, Lind, Peterson, and Rice, it treated the filings as a stipulation of dismissal against those four defendants and granted the motion to that extent. All claims against Bahneman, Lind, Peterson, Rice, and Pykkonen were dismissed without prejudice.

The court granted Jennifer Witt’s motion for judgment on the pleadings and for dismissal under Minnesota Statute § 145.682. All claims against Witt were dismissed with prejudice.

Disposition

Judge Eric C. Tostrud ordered judgment to be entered accordingly. The opinion does not describe the underlying claims or explain the recommendation’s reasoning beyond stating that the court found no clear error.