Freiberg v. Nextel West Services LLC

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendation (Written Opinion). Signed by Chief Judge Michael J. Davis on 12/3/13. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CHARLES FREIBERG,
v.

CIV. NO. 13-361(MJD/JSM)

Plaintiff,

ORDER

NEXTEL WEST SERVICES LLC,
Defendant.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Janie S. Mayeron, dated
November 18, 2013.

No objections have been filed to that Report and

Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of
the files, records and proceedings herein, IT IS HEREBY ORDERED that: Sprints’
Motion to Dismiss [Docket No. 8] is GRANTED in part and DENIED in part as follows:
1.

Defendant’s Motion to Dismiss is DENIED as to Count I of the First

Amended Complaint.
2.

Defendant’s Motion to Dismiss is GRANTED as to Count II of the First

Amended Complaint. Count II is dismissed WITHOUT PREJUDICE.
3.

Defendant’s Motion to Dismiss is GRANTED as to Count III of the First

Amended Complaint. Count III is dismissed WITH PREJUDICE.
4.

Defendant’s Motion to Dismiss is DENIED as to Count IV of the First

Amended Complaint relating to plaintiff reporting the misappropriation of defendant’s
phones.
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5.

Defendant’s Motion to Dismiss is GRANTED as to Count IV of the First

Amended Complaint relating to plaintiff’s report of a violation of company policy that
dealt with employees planning to attend a vendor junket to the U.S. Open without
company approval. This claim should is dismissed WITH PREJUDICE.
6.

Defendant’s Motion to Dismiss is GRANTED as to Count IV of the First

Amended Complaint relating to plaintiff encouraging another employee to make a report
of suspected illegality. This claim should is dismissed WITH PREJUDICE.

Dated: December 3, 2013

s/Michael J. Davis

MICHEAL J. DAVIS
Chief Judge
United States District Court

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