Bigalke v. State of MN Dept of Veterans Affairs

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 . IT IS ORDERED THAT:1.AFSCME Council 5, AFL-CIOs Motion to Dismiss [Docket No. 4] is GRANTED. Plaintiffs claim against AFSCME Council 5, AFL-CIO for breach of the duty of fair representation is DIS MISSED WITH PREJUDICE.2.The State of Minnesota, Department of Veterans Affairs Motion to Dismiss [Docket No. 11] is GRANTED. Plaintiffs claim against the State of Minnesota, Department of Veterans Affairs, under the Americans with Disabilities Act is DISMISSED WITH PREJUDICE.3.Plaintiffs remaining state-law claims are DISMISSED WITHOUT PREJUDICE.LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Joan N. Ericksen on September 13, 2010. (slf)

Bigalke v. State of MN Dept of Veterans Affairs

Doc. 43

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Brad Bigalke, Plaintiff, v. State of Minnesota, Department of Veterans Affairs; and AFSCME Council 5, AFL-CIO, Defendants. This case is before the Court on a Report and Recommendation dated August 10, 2010. The magistrate judge recommended that Defendants' motions to dismiss be granted, that Plaintiff's claims for breach of the duty of fair representation and for violations of the Americans with Disabilities Act be dismissed with prejudice, and that Plaintiff's state-law claims be dismissed without prejudice. Plaintiff objected to the Report and Recommendation, and Defendants responded. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation [Docket No. 37]. Therefore, IT IS ORDERED THAT: 1. AFSCME Council 5, AFL-CIO's Motion to Dismiss [Docket No. 4] is GRANTED. Plaintiff's claim against AFSCME Council 5, AFL-CIO for breach of the duty of fair representation is DISMISSED WITH PREJUDICE. The State of Minnesota, Department of Veterans Affairs' Motion to Dismiss [Docket No. 11] is GRANTED. Plaintiff's claim against the State of Minnesota, Department of Veterans Affairs, under the Americans with Disabilities Act is DISMISSED WITH PREJUDICE. Civil No. 10-212 (JNE/LIB) ORDER

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Plaintiff's remaining state-law claims are DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: September 13, 2010 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge

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