Howe v. Barr Engineering Co. et al

Filing 60

ORDER adopting Report and Recommendation 49 . (1) Barr Engineering Co. and Barr Engineering Company General Welfare Wrap Plan's motion to dismiss 29 is GRANTED. (2) PayFlex System USA, Inc.'s motion to dismiss 35 is GRANTED. (3) As to Barr Engineering Co., Barr Engineering Company General Welfare Wrap Plan, and PayFlex System USA, Inc., the action is DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on January 31, 2018. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Candice Howe,
Plaintiff,
v.

Case No. 17-cv-3019 (JNE/LIB)
ORDER

Barr Engineering Co.; Barr Engineering
Company General Welfare Wrap Plan;
PayFlex System USA, Inc.; and Unum Life
Insurance Company of America,
Defendants.
In a Report and Recommendation dated December 6, 2017, the Honorable Leo I.
Brisbois, United States Magistrate Judge, recommended that motions to dismiss of Barr
Engineering Co., Barr Engineering Company General Welfare Wrap Plan, and PayFlex
System USA, Inc., be granted. Candice Howe objected, and the moving defendants
responded. The Court has conducted a de novo review of the record. See 28 U.S.C.
§ 636(b)(1) (2012). Based on that review, the Court overrules Howe’s objection and
accepts the recommended disposition [Docket No. 49]. Therefore, IT IS ORDERED
THAT:
1.

Barr Engineering Co. and Barr Engineering Company General Welfare
Wrap Plan’s motion to dismiss [Docket No. 29] is GRANTED.

2.

PayFlex System USA, Inc.’s motion to dismiss [Docket No. 35] is
GRANTED.

1

3.

As to Barr Engineering Co., Barr Engineering Company General Welfare
Wrap Plan, and PayFlex System USA, Inc., the action is DISMISSED
WITH PREJUDICE.

Dated: January 31, 2018
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

2