Chambers v. Travelers Companies, Inc., The

Filing 28

ORDER ADOPTING 27 Report and Recommendation; granting in part without prejudice and denying in part 16 Motion to Dismiss filed by The Travelers Companies, Inc. Signed by Judge James M. Rosenbaum on 3/30/2009. (HLW)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Karen M. Chambers, Plaintiff, v. ORDER The Travelers Companies, Inc., Defendant. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated March 11, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Defendant's Motion for Partial Dismissal (Doc. No. 16) is GRANTED IN PART Civ. No. 08-5947 (JMR/JJK)

WITHOUT PREJUDICE and DENIED IN PART as follows: a. Defendant's motion to dismiss Plaintiff's claim for breach of contract

(Count II) is DENIED; b. Defendant's motion to dismiss Plaintiff's claim for violation of Minn. Stat.

§ 181.13 (Count III) is DENIED; and c. Defendant's motion to dismiss Plaintiff's claim for defamation (Count I) is

GRANTED IN PART WITHOUT PREJUDICE. Plaintiff is given 10 days from the date of this Order to amend Count I of the Second Amended Complaint to set forth a

claim for defamation with greater specificity as outlined in Part III.B. of the Report and Recommendation. Date: March 30, 2009 s/James M. Rosenbaum James M. Rosenbaum United States District Judge