Thelen et al v. Elba, City of et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Motion to Dismiss filed by Wayne Mehrkens, 3 Motion to Dismiss filed by Wayne Ehlenfeldt, Scott Scherbring, Scott Jensen, Rebecca Prebe, Betty Jo Rico, Elba, City of (Written Opinion). Signed by Judge Joan N. Ericksen on January 28, 2009. (slf)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________ Gary Thelen and Thomas Thelen, Case No.: 08-cv-1150 (JNE/JJG) Plaintiffs, ORDER v. City of Elba, et al., Defendants. ________________________________ The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. 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, and all the files, records and proceedings herein, IT IS HEREBY ORDERED THAT: I. The motion to dismiss by Defendants Betty Jo Rico, Wayne Ehlenfeldt, Scott Scherbring, Scott Jensen, and Rebecca Prebe (Doc. No. 3) is DENIED. II. Plaintiffs are granted 21 days after the filing date of this Order to cure their deficient service of Defendant Wayne Mehrkens. III. Plaintiffs shall file proof of service of Defendant Wayne Mehrkens within 21 days after the filing date of this Order. If they fail to do so, the Court will grant Defendant Wayne Mehrkens' motion to dismiss (Doc. No. 9)

and dismiss this action without prejudice as to Defendant Wayne Mehrkens.

Dated: January 28, 2009

s/ Joan N. Ericksen JOAN N. ERICKSEN Judge, United States District Court