Otis v. Berge et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 70 . IT IS ORDERED THAT:1.Plaintiffs claims against Philip Burkholder are DISMISSED WITH PREJUDICE.2.Defendant Philip Burkholders motion for summary judgment [Docket No. 53] is GRANTED. (Written Opinion). Signed by Judge Joan N. Ericksen on May 23, 2011. (slf)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
William H. Otis,
Plaintiff,
v.

Civil No. 10-2155 (JNE/JJK)
ORDER

Harold A. Berge, Rose M. Berge, Cindy
Lou Berge, Philip Burkholder, Steven
Corson d/b/a Corson Law Office, and
Others
Defendants.
In a Report and Recommendation dated April 5, 2011, the Honorable Jeffrey J. Keyes,
United States Magistrate Judge, recommended that Defendant Philip Burkholder’s unopposed
Motion for Summary Judgment be granted. Plaintiff objected to the Report and
Recommendation. 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.
70].
On December 23, 2010, the Court dismissed the claims against Harold A. Berge, Rose M.
Berge, Cindy Lou Berge, and Steven Corson. With the dismissal of the claims against Philip
Burkholder, all that remains is the crossclaim brought by Harold A. Berge, Rose M. Berge, and
Cindy Lou Berge against Steven Corson. The crossclaim, which asserts that “[i]f Plaintiff is
awarded damages as a result of this action, Defendants Berge are entitled to . . . indemnity and/or
contribution from Defendant Steven Corson,” appears to be moot. The Court will dismiss the
crossclaim unless, within seven days of this Order, counsel for the Berges shows cause why the
Court should not dismiss the claim as moot.

1

Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.

Plaintiff’s claims against Philip Burkholder are DISMISSED WITH
PREJUDICE.

2.

Defendant Philip Burkholder’s motion for summary judgment [Docket
No. 53] is GRANTED.

Dated: May 23, 2011
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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