Albert v. Principal Financial Group et al

Filing 137

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Kallys Albert, Sr.'s objections (Doc. No. 133 ) to Magistrate Judge Franklin L. Noel's February 10, 2014 Report and Recommendation are OVERRULED. 2. Magistrate Judge Franklin L. Noel& #039;s February 10, 2014 Report and Recommendation (Doc. No. 132 ) is ADOPTED. 3. The Orion Defendants' motion for summary judgment (Doc. No. 110 ) is GRANTED. 4. Plaintiff's Amended Complaint (Doc. No. 15 ) is DISMISSED WITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 3/21/2014. (BJS). cc: Kallys Albert, Sr on 3/21/2014 (KNK).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Kallys Albert, Sr.,

Civil No. 12-1224 (DWF/FLN)
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Principal Financial Group; Principal Life
Insurance Company; Orion Associates/
Meridian Services, Inc.; Stephen Hage;
and John Doe,
Defendants.

This matter is before the Court upon Plaintiff Kallys Albert Sr.’s (“Plaintiff”)
objections (Doc. No. 133) to Magistrate Judge Franklin L. Noel’s February 10, 2014
Report and Recommendation (Doc. No. 132) insofar as it recommends that Defendants
Orion Associates/Meridian Services, Inc. and Stephen Hage’s (the “Orion Defendants”)
motion for summary judgment be granted. The Orion Defendants filed a response to
Plaintiff’s objections on March 11, 2014. (Doc. No. 135.) Plaintiff then submitted a
responsive letter to the Court. (Doc. No. 136.)
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of the parties, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Plaintiff’s objections. Having carefully reviewed the record, the Court

concludes that Plaintiff’s objections offer no basis for departure from the Report and
Recommendation.
Plaintiff appears to generally object to the Magistrate Judge’s determination that
the Orion Defendants’ motion for summary judgment should be granted. (See generally
Doc. No. 133.) While the Court disagrees with the Orion Defendants’ assertions
regarding the applicable standard of review here (see Doc. No. 135 at 2-4), 1 the Court
nonetheless concludes that, viewing the evidence in the light most favorable to Plaintiff,
no genuine issues of material fact remain for trial. Consequently, the Orion Defendants
are entitled to judgment on all claims.
Based upon the de novo review of the record and all of the arguments and
submissions of the parties, and the Court being otherwise duly advised in the premises,
the Court hereby enters the following:
ORDER
1.

Plaintiff Kallys Albert, Sr.’s objections (Doc. No. [133]) to Magistrate

Judge Franklin L. Noel’s February 10, 2014 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Franklin L. Noel’s February 10, 2014 Report and

Recommendation (Doc. No. [132]) is ADOPTED.

1

The Orion Defendants appear to argue that a “clearly erroneous” standard of
review applies here. (See Doc. No. 135 at 2-4.) The Court, however, has reviewed the
record on the motion for summary judgment de novo.
2

3.

The Orion Defendants’ motion for summary judgment (Doc. No. [110]) is

GRANTED.
4.

Plaintiff’s Amended Complaint (Doc. No. [15]) is DISMISSED WITH

PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 21, 2014

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

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