Fredin v. Miller et al

Filing 41

ORDER on Report and Recommendation; adopting 38 Report and Recommendation; granting in part and denying in part 18 Motion to Dismiss/General; granting in part and denying in part 29 Motion to Alter/Amend/Supplement Pleadings. See Order for details. Plaintiff is ordered to file an amended complaint that complies fully with this Order within fourteen days. (Written Opinion) Signed by Judge Susan Richard Nelson on 12/11/2018. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Brock Fredin,
Civil No. 18-cv-0466 (SRN/HB)
Plaintiff,
v.
Grace Elizabeth Miller and
Catherine Marie Schaefer,

ORDER ON REPORT
AND RECOMMENDATION

Defendants.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed to
the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

Plaintiff Brock Fredin’s Motion for Leave to File Amended Complaint
[Doc. No. 29] is GRANTED IN PART and DENIED IN PART as to the
defamation per se claim, as set forth fully in Part II.B.2 of the Report and
Recommendation; GRANTED as to the abuse of process claim;
GRANTED as to the nonconsensual sexual solicitation claim; GRANTED
IN PART and DENIED IN PART as to the invasion of privacy claim, as

set forth fully in Part II.B.5 of the Report and Recommendation;
GRANTED as to the negligence claim; GRANTED as to the false
arrest/imprisonment claim; GRANTED as to the malicious prosecution
claim; GRANTED as to the civil fraud claim; GRANTED as to the IIED
claim; GRANTED as to the civil conspiracy claim; GRANTED as to the
prima facie tort claim; and DENIED as to the copyright infringement claim;
3.

Defendants Grace Elizabeth Miller and Catherine Marie Schaefer’s Motion
to Dismiss [Doc. No. 18] is DENIED AS MOOT as to the defamation per
se claim; DENIED as to the abuse-of process claim; DENIED as to the
nonconsensual sexual solicitation claim; GRANTED IN PART and
DENIED IN PART as to the invasion of privacy claim, as set forth fully in
Part II.B.5 of the Report and Recommendation; DENIED as to the
negligence claim; DENIED AS MOOT as to the false arrest/imprisonment
claim; DENIED AS MOOT as to the malicious prosecution claim;
DENIED AS MOOT as to the civil fraud claim; DENIED AS MOOT as
to the IIED claim; DENIED as to the civil conspiracy claim; and DENIED
AS MOOT as to the prima facie tort claim;

4.

All dismissals are WITH PREJUDICE; and

5.

Plaintiff is ordered to file an amended complaint that complies fully with
this Order within fourteen days.

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LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 11, 2018

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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