Karsjens et al v. Minnesota Department of Human Services et al

Filing 665

ORDER. 1. Defendants' objections (Doc. No. 650 ) to Magistrate Judge Jeffrey J.Keyes's October 28, 2014 Order are OVERRULED. 2. Magistrate Judge Jeffrey J. Keyes's October 28, 2014 Order (Doc. No. 636 ) is AFFIRMED. (Written Opinion). Signed by Judge Donovan W. Frank on 12/01/2014. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Kevin Scott Karsjens, David Leroy Gamble,
Jr., Kevin John DeVillion, Peter Gerard
Lonergan, James Matthew Noyer, Sr.,
James John Rud, James Allen Barber,
Craig Allen Bolte, Dennis Richard Steiner,
Kaine Joseph Braun, Christopher John
Thuringer, Kenny S. Daywitt, Bradley Wayne
Foster, Brian K. Hausfeld, and all others
similarly situated,

Civil No. 11-3659 (DWF/JJK)

Plaintiffs,
ORDER
v.
Lucinda Jesson, Dennis Benson, Kevin
Moser, Tom Lundquist, Nancy Johnston,
Jannine Hébert, and Ann Zimmerman,
in their official capacities,
Defendants.

This matter is before the Court on Defendants’ objections (Doc. No. 650) to
Magistrate Judge Jeffrey J. Keyes’s October 28, 2014 Order (Doc. No. 636) granting
Plaintiffs’ Motion for Leave to File a Third Amended Complaint and For Dismissal of
Damages Claims Without Prejudice (Doc. No. 622). Plaintiffs filed a response to
Defendants’ objections on November 19, 2014. (Doc. No. 659.)
The Court must modify or set aside any portion of the Magistrate Judge’s order
found to be clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed. R.
Civ. P. 72(a); Local Rule 72.2(a). This is an “extremely deferential standard.” Reko v.
Creative Promotions, Inc., 70 F. Supp. 2d 1005, 1007 (D. Minn. 1999). “A finding is

‘clearly erroneous’ when although there is evidence to support it, the reviewing court on
the entire evidence is left with the definite and firm conviction that a mistake has been
committed.” Chakales v. Comm’r of Internal Revenue, 79 F.3d 726, 728 (8th Cir. 1996)
(quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)).
Defendants argue that the Magistrate Judge improperly granted Plaintiffs’ motion.
(See Doc. No. 650.) In support of this argument, Defendants contend that: (1) the
Magistrate Judge erred in allowing Plaintiffs to file an amended complaint because “the
proposed amendment’s late filing is unfairly prejudicial to Defendants, especially without
a modified scheduling order” (id. at 3); and (2) the Magistrate Judge erred in denying
Defendants’ request to condition granting the motion upon the dismissal of Plaintiffs’
damages claims with prejudice because “Defendants have the right to have all claims
related to the allegations decided now on the merits rather than through multiple wasteful
future lawsuits” (id. at 4).
Plaintiffs, on the other hand, argue that the Magistrate Judge properly granted their
motion. (See Doc. No. 659.) Specifically, Plaintiffs contend that Defendants have not
been unfairly prejudiced by the Magistrate Judge’s ruling because Defendants were
“well-aware of each claim and allegation in the [amended complaint] for years” and
because the amended complaint merely adds specificity and clarification to Plaintiffs’
existing constitutional claims. (Id. at 4.) In addition, Plaintiffs argue that the Magistrate
Judge correctly denied Defendants’ request to dismiss Plaintiffs’ damages claims with
prejudice because granting the request would unfairly prejudice absent class members
and because “whether or not discovery in this litigation can be used in any future

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damages actions related to the same claims is a decision for the Court to make at a later
time.” (Id. at 5-6.)
The Court concludes that Defendants have failed to demonstrate that the
Magistrate Judge’s Order is either clearly erroneous or contrary to law. Therefore, the
Court overrules Defendants’ objections and affirms Magistrate Judge Keyes’s October 28,
2014 Order in all respects.
Accordingly, IT IS HEREBY ORDERED that:
1.

Defendants’ objections (Doc. No. [650]) to Magistrate Judge Jeffrey J.

Keyes’s October 28, 2014 Order are OVERRULED.
2.

Magistrate Judge Jeffrey J. Keyes’s October 28, 2014 Order (Doc. No.

[636]) is AFFIRMED.

Dated: December 1, 2014

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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