Fisherman v. JRed McGreiff Co et al

Filing 93

ORDER ADOPTING REPORT AND RECOMMENDATION. (Written Opinion). Signed by Judge Patrick J. Schiltz on 2/13/2019. (CLG)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
COREY EDWARD FISHERMAN,

Case No. 17-CV-2320 (PJS/ECW)

Plaintiff,
v.

ORDER

JERED MCGRIFF, BRADLEY DUPRE,
KRISTIN JACOBS, VICKI DEANGRAMLICH, JACK SERIER, and
“KRISTIN,”
Defendants.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Elizabeth Cowan Wright dated Janurary 18, 2019. No
objections have been filed to that Report and Recommendation in the time period
permitted.
The Court, being duly advised in the premises, upon the Report and
Recommendation of the Magistrate Judge, and upon all of the files, records and
proceedings herein, now makes and enters the following Order.
IT IS HEREBY ORDERED that:
1.

Defendant Bradley Dupre, M.D.’s Joinder in Defendants Jered McGriff’s
and Jack Serier’s Motion to Dismiss (Dkt. No. 50) and the Joinder of
Defendant Dr. Kristin Jacobs to Defendants McGriff’s and Serier’s Motion
to Dismiss and Defendant Dupre’s Motion for Summary Judgment (Dkt.
No. 66) are GRANTED.

2.

This action is DISMISSED WITHOUT PREJUDICE with respect to
Defendant “Kristin.”

3.

The Motion for Summary Judgment by Defendant Bradley Dupre, M.D.
(Dkt. No. 52) is GRANTED.

4.

Defendant Vicki Dean-Gramlich’s Motion for Summary Judgment (Dkt.
No. 61) is GRANTED.

5.

Defendants McGriff’s and Serier’s Motion to Dismiss (Dkt. No. 45) is
GRANTED.

6.

Plaintiff’s claims against Defendants Bradley Dupre, M.D., Vicki DeanGramlich, Kristin Jacobs, and Jack Serier are DISMISSED WITH
PREJUDICE.

7.

Fisherman’s claims against McGriff in his official capacity are
DISMISSED WITHOUT PREJUDICE. Fisherman has 14 days from the
date of this Order to file a one-page statement indicating whether
Fisherman seeks to pursue individual capacity claims against McGriff. If
Fisherman decides to bring his claims against McGriff in McGriff’s
individual capacity, McGriff may file a new summary judgment motion
addressing Fisherman’s claims against him.

LET JUDGMENT BE ENTERED ACCORDINGLY AS TO DEFENDANTS
BRADLEY DUPRE, M.D., “KRISTIN”, VICKI DEAN-GRAMLICH, KRISTIN
JACOBS, AND JACK SERIER.

DATED: 2/13/19

s/Patrick J. Schiltz
PATRICK J. SCHILTZ
United States District Court Judge