Dietrich v. National Railroad Adjustment Board of the National Mediation Board

Filing 25

ORDER adopting Report and Recommendation 22 . See Order for details.(Written Opinion) Signed by Judge Patrick J. Schiltz on September 28, 2015. (CLG)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Cheri B. Dietrich,
Civ. No. 15-1875 (PJS/BRT)
Plaintiff,
v.
ORDER
National Railroad Adjustment Board
of the National Mediation Board,
Defendant.

Cheri B. Dietrich, 15 E. Gilfillan Rd., North Oaks, MN 55127, pro se Plaintiff.
Chad A. Blumenfield, Esq., United States Attorney’s Office, counsel for Defendant.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Becky R. Thorson dated September 8, 2015. No
objections have been filed to that Report and Recommendation in the time period
permitted. Based on the Report and Recommendation of the Magistrate Judge, on all of
the files, records, and proceedings herein, the Court now makes and enters the following
Order.
IT IS HEREBY ORDERED that:
1.

The National Railroad Adjustment Board’s motion to dismiss or, in the

alternative, for summary judgment (Doc. No. 10) is GRANTED;
2.

Cheri B. Dietrich’s complaint (Doc. No. 1) is DISMISSED WITHOUT

PREJUDICE; and

3.

Dietrich shall have fourteen days to file an amended complaint naming Soo

Line Railroad Company as the sole defendant.1
LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: 9/28/15
s/Patrick J. Schiltz
PATRICK J. SCHILTZ
United States District Judge

1

Without waiting for the Court to rule on the Report and Recommendation,
including its recommendation that she be granted an opportunity to file an amended
complaint, Dietrich prematurely filed an amended complaint naming Soo Line Railroad
as the sole defendant. (See Doc. No. 23, Pl.’s Am. Compl.) Because the Court has agreed
with the Magistrate Judge’s recommendation, it will accept Dietrich’s amended
complaint and, consequently, she need not file a further amendment.
2