Washington v. DaimlerChrysler Financial Services America LLC et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 46 Report and Recommendation, 22 Motion to Compel filed by Nathan Washington. Plaintiffs Complaint [Docket No. 1] is DISMISSED WITHOUT PREJUDICE; and Plaintiffs motion to compel discovery responses from defendant Shakopee Dodge, Inc. [Docket No. 22] is DENIED AS MOOT(Written Opinion). Signed by Judge John R. Tunheim on January 1, 2009. (HAM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

NATHAN WASHINGTON, Plaintiff, v. DAIMLERCHRYSLER FINANCIAL SERVICES AMERICA LLC, AND SHAKOPEE DODGE, INC., Defendants.

Civil 08-0698 (JRT/JJK) ORDER ADOPTING REPORT AND RECOMMENDATION

Thomas L. Lyons, Jr. and Trista M. Roy, CONSUMER JUSTICE CENTER, PA, 367 Commerce Court, Vadnais Heights, MN 55127, for plaintiff. Brian L. McMahon, MCMAHON LAW FIRM LLC, 332 Minnesota Street, Suite W1450, St. Paul, MN 55101, for defendant DaimlerChrysler Financial Services America LLC. Daniel M. Gallatin, JOHNSON, PROVO-PETERSON, O'NEILL, LLP, 332 Minnesota Street, Suite W-975, St. Paul, MN 55101, for defendant Shakopee Dodge, Inc. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated December 2, 2008. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that:

1.

Plaintiff's Complaint [Docket No. 1] is DISMISSED WITHOUT PREJUDICE; and

2.

Plaintiff's motion to compel discovery responses from defendant Shakopee Dodge, Inc. [Docket No. 22] is DENIED AS MOOT.

DATED: January 1, 2009 at Minneapolis, Minnesota

___ s/John R. Tunheim_ ____ JOHN R. TUNHEIM United States District Judge