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16-4340 - Bevins v. Becker County, Minnesota et al


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16-4340 - Bevins v. Becker County, Minnesota et al
December 22, 2016
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on is transferred to the United States District Court for the District of Minnesota. Judge John R. Adams on 12/20/2016. (M,TL) [Transferred from Ohio Northern on 12/22/2016.]Memorandum of Opinion and Order. The Northern District of Ohio is not the proper venue for this action as the Defendants are all residents of Minnesota and the events giving rise to the Complaint occurred in Minnesota. Accordingly, this acti
October 27, 2017
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REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that: 1. Defendant St. Mary's Regional Health Center's Motion to Dismiss (Doc. No. 34) be DENIED; 2. Plaintiff be ordered to file a Third Amended Complaint that substitutes St. Mary's Regional Health Center for Essentia Health-St. Marys as the correct defendant in this action; 3. The Clerk of Court be directed to amend the summons (Doc. No. 28 at 15) to substitute St. Mary's Regional Health Center for Essentia Health-St. Mary's as the correct defendant in this action; and 4. Plaintiff's claims against Defendant Randy Hodges be DISMISSED WITHOUT PREJUDICE for failure to prosecute. Signed by Magistrate Judge Becky R. Thorson on 10/27/17. cc: Bevins. (JDF)
January 23, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION AS MODIFIED. 1. Defendant St. Mary's Regional Health Center objections (Doc. No. 74) to Magistrate Judge Becky R. Thorson's November 13, 2017 Report and Recommendation are OVERRULED as set forth above. 2. Plaintiff's objections (Doc. No. 77) to Magistrate Judge Becky R. Thorson's November 13, 2017 Report and Recommendation are SUSTAINED IN PART as set forth above. 3. Magistrate Judge Becky R. Thorson's November 13, 2017 Report and Recommendation (Doc. No. 71) is ADOPTED AS MODIFIED above. 4. Bevins must file a two-page amendment stating that "Randy Hodgson" is substituted for Randy Hodges in the Second Amended Complaint (Doc. No. 24). (See, e.g., Doc. No. 68 (Amendment substituting St. Mary's).) 5. Bevins must submit a properly completed Marshal Service Form (Form USM-285) for Randy Hodgson. If Bevins does not complete and return the Marshal Service Forms within 30 days of this order, then this matter will be dismissed without prejudice for failure to prosecute. Marshal Service Forms will be provided to Bevins by the Court. 6. After the return of the completed Marshal Service Forms, the Clerk of Court is directed to seek waiver of service from Randy Hodgson, consistent with Rule 4(d) of the Federal Rules of Civil Procedure. Becker County shall endeavor to assist the Clerk of Court in effectuating service of process on Mr. Hodgson, its former employee. 7. If Hodgson fails without good cause to sign and return a waiver within 30 days of the date that the waiver is mailed, the Court will impose upon Hodgson the expenses later incurred in effecting service of process. See Fed. R. Civ. P. 4(d)(2). 8. Defendant St. Mary's Regional Health Centers Motion to Dismiss (Doc. No. 34) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 1/23/2018. (BJS) cc: Bevins along with Marshal Service Form. Modified text on 1/24/2018 (MMP).
April 17, 2018
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ORDER denying 117 Motion for tribal contract; setting briefing schedule on motions for summary judgment. (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 4/17/2018. (TMM) cc: Corey Victor Bevins. Modified on 4/17/2018 (lmb).
April 24, 2018
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ORDER granting 141 Motion for Extension of Time; granting 141 Motion for Joinder. Signed by Magistrate Judge Becky R. Thorson on 4/24/2018. (TMM) cc: Corey Victor Bevins. Modified text on 4/24/2018 (MMP).