Doe 1 v. Lazzaro
- Jerry Blackwell
- 0:21-cv-01985
- U.S. District Court · District of Minnesota
- 2
In Doe 1 v. Lazzaro, Judge Blackwell accepted the magistrate judge’s recommendation and granted the plaintiffs’ motion for pre-judgment attachment.
The plaintiffs may pursue the pre-judgment attachment under the terms of the accepted Report and Recommendation; the order affects defendant Anton Joseph Lazzaro through that attachment and custody process.
What happened
In Doe 1 v. Lazzaro, the plaintiffs asked the court to attach property before judgment. A magistrate judge recommended granting that motion.
No one objected to the recommendation by the deadline. The district court reviewed it for clear error, found none, and accepted the recommendation.
Judge Blackwell granted the plaintiffs’ motion for pre-judgment attachment, with the attachment and custody carried out under the recommendation’s terms.
The detailed version
- Doe 1 v. Lazzaro · No. 0:21-cv-01985
- Jerry W. Blackwell
- Jan. 16, 2024
Background
The plaintiffs—JA-Father Doe 1 and JA-Mother Doe 1, individually and as the parents and natural guardians of JA-Minor Doe 1—filed a motion for pre-judgment attachment. The opinion does not describe the underlying claims or the specific property involved.
Report and Recommendation
Magistrate Judge Dulce J. Foster issued a Report and Recommendation on December 19, 2023, addressing the plaintiffs’ motion. No party filed objections within the permitted time. Under the applicable rule, the district judge therefore reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s analysis or conclusion.
Ruling
The court found no clear error, accepted the Report and Recommendation, and granted the plaintiffs’ Motion for Pre-Judgment Attachment. The court ordered that the attachment and custody be carried out according to the terms of the Report and Recommendation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.