Senty-Haugen et al v. Jesson et al

Filing 70

ORDER accepting recommended disposition re Report and Recommendation 69 . Defendants' Motion to Dismiss 62 is GRANTED. (Written Opinion) Signed by Judge Joan N. Ericksen on 12/28/2023. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Russell John Hatton,
Plaintiff,
v.
Lucinda Jesson, Nancy Johnston, Dennis
Benson, Kevin Moser, Scott Benoit, Terry
Kneisel, Troy Basaraba, Gene Anderson,
Ann Zimmerman, Steve Sayovitz, Juliana
Beavens, Kevin Carlson, Ken Stewart, Rob
Rose, Brian S. Ninneman, Sue Johnson, Sara
Kulas, Jannine Hebert, Peter Puffer, Janel
Lindgren, Yvette Anderson, Thane Murphy,
Allison Collins, Angie Ottum, Laurie
Severson, Kent Johanson, Gemma Watson,
Nicki Marvel, Troy Swartout, Brandon
Tatum, and Darien Menten, in their
individual and official capacities,

Case No. 14-cv-3405 (JNE/DJF)
ORDER

Defendants. 1
In a Report and Recommendation dated November 27, 2023, the Honorable Dulce
J. Foster, United States Magistrate Judge, recommended that the claims against five
defendants, in their individual capacities, be dismissed without prejudice and that the
claims otherwise be dismissed with prejudice. No objection to the Report and
Recommendation has been made. The Court accepts the recommended disposition
[Docket No. 69]. Therefore, IT IS ORDERED THAT:

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1.

Defendants’ Motion to Dismiss [Docket No. 62] is GRANTED.

2.

All claims against Defendants Lucinda Jesson, Nancy Johnston, Dennis
Benson, Kevin Moser, Scott Benoit, Terry Kneisel, Ann Linkert (formerly

Defendants are listed as they appear in the Amended Complaint.
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Ann Zimmerman), Steve Sayovitz, Julianna Beavens, Kevin Carlson, Ken
Stewart, Rob Rose, Brian S. Ninneman, Sue Johnson, Sara Kulas, Jannine
Hébert, Peter Puffer, Janel Lindgren, Thane Murphy, Allison Collins,
Laurie Severson, Kent Johanson, Gemma Watson, Nicole Kielty (formerly
Nicole (Nicki) Marvel), Troy Swartout, and Darien Menten, in their
individual and official capacities, are DISMISSED WITH PREJUDICE.
3.

All claims against Defendants Yvette Anderson, Angie Ottum, Gene
Anderson, Brandon Tatum, and Troy Basaraba, in their official capacities,
are DISMISSED WITH PREJUDICE.

4.

All claims against Defendants Yvette Anderson, Angie Ottum, Gene
Anderson, Brandon Tatum, and Troy Basaraba, in their individual
capacities, are DISMISSED WITHOUT PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: December 28, 2023

s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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