Weaver v. Wisconsin Central Ltd. et al

Filing 22

Order Adopting the Report and Recommendation of Magistrate Judge 13 ; and Defendants Illinois Central Railroad Company, CN Transportation Limited, and Wisconsin Central Transportation Limited are Dismissed With Prejudice. (Written Opinion). Signed by The Hon. Paul A. Magnuson on 02/26/2014. (LLM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA William Kevin Weaver, Civil No. 13-2335 (PAM/LIB) Plaintiff, v. ORDER Wisconsin Central Ltd., Wisconsin Central Ltd, as successor in interest to Duluth Missabe and Iron Range Railway Company, Illinois Central Railroad Company, CN Transportation Limited, and Wisconsin Central Transportation Corporation, Defendants. This matter is before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Leo I. Brisbois dated January 27, 2014. The R&R recommended that with regard to Defendants Illinois Central Railroad Company, CN Transportation Limited, and Wisconsin Central Transportation Limited, Plaintiff’s Complaint should be dismissed for failure to effect service and for lack of prosecution. Plaintiff has since confirmed that Wisconsin Central Ltd. is the only Defendant that should be named in this suit. (Docket No. 17.) Based on Plaintiff’s submission, the Court adopts the R&R. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R (Docket No. 13) is ADOPTED; and 2. Defendants Illinois Central Railroad Company, CN Transportation Limited, and Wisconsin Central Transportation Limited are DISMISSED with prejudice. Dated: February 26, 2014 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge 2

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