Carlone v. Asbestos Workers Local #34

Filing 26

ORDER ADOPTING 23 Report and Recommendation; granting in part and denying in part 10 Motion to Dismiss filed by International Association of Heat and Frost Insulators, Allied Workers Local No. 34. Signed by Judge James M. Rosenbaum on 9/9/2009. (HLW)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Patrick A. Carlone, Plaintiff, v. International Association of Heat and Frost Insulators and Allied Workers Local No. 34, Defendants. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 21, 2009, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss [#10] is GRANTED in part and DENIED in part, as follows: 1. To the extent that Defendants seek to dismiss Count III, the Motion is GRANTED. 2. To the extent Defendants seek to dismiss Count IV, the Motion is DENIED. 3. To the extent Defendants seek to dismiss Count V, the Motion is GRANTED. ORDER Civil 09-204 JMR/FLN

DATED: September 9, 2009. at Minneapolis, Minnesota

s/James M. Rosenbaum JUDGE JAMES M. ROSENBAUM United States District Court