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15-1875 - Dietrich v. Soo Line Railroad


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15-1875 - Dietrich v. Soo Line Railroad
September 8, 2015
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REPORT AND RECOMMENDATION recommends 1. The NRAB's motion to dismiss or, in the alternative, for summary judgment (Doc. No. 10) be GRANTED; 2. Dietrich's complaint (Doc. No. 1) be DISMISSED WITHOUT PREJUDICE; and 3. Dietrich be given fourteen days to file an amended complaint consistent with the Court's order. Objections to R&R due by 9/22/2015. Signed by Magistrate Judge Becky R. Thorson on 9/8/15. (LPH) cc: Dietrich
September 28, 2015
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ORDER adopting Report and Recommendation 22. See Order for details.(Written Opinion) Signed by Judge Patrick J. Schiltz on September 28, 2015. (CLG) cc: Plaintiff. Modified on 9/29/2015 (lmb).
March 24, 2016
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ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on March 24, 2016. (CLG) cc: Plaintiff. Modified on 3/24/2016 (lmb).ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that: 1. Plaintiff Cheri Dietrich's motion for default judgment 43 is DENIED; 2. Defendant Soo Line Railroad Company d/b/a Canadian Pacific's motion to dismiss or, in the alternative, for summary judgment 36 is GRANTED; and 3. Dietrich's amended complaint 23 is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim on which relief may be granted. LET JUDGMENT BE ENTERED