Fredin v. Clysdale et al

Filing 107

ORDER adopting 106 Report and Recommendation: Plaintiff Brock Fredin's Motion for Leave to File a Second Amended Complaint [Doc. No. 80] is GRANTED; The Clerk's Office shall file and docket on Fredin's behalf the Second Amended Compl aint, currently designated as a proposed second amended complaint [Doc. No. 80-1]; Plaintiff Brock Fredin's letter request for leave to file a third amended complaint [Doc. No. 89] is DENIED; Defendant Referee Elizabeth Clysdale's Motion to Dismiss [Doc. No. 38], as applied to the now operative Second Amended Complaint, is GRANTED, and all claims against Referee Clysdale are DISMISSED WITH PREJUDICE; Defendants Grace Elizabeth Miller, Catherine Marie Schaefer, and Lindsey Middlecamp� 39;s Motion to Dismiss [Doc. No. 44], as applied to the now operative Second Amended Complaint, is GRANTED, and all claims against these Defendants are DISMISSED WITH PREJUDICE; and Defendant Sergeant David E. McCabe's Motion to Dismiss [Doc. No . 49], as applied to the now operative Second Amended Complaint, is GRANTED, as follows: a. Summary judgment is awarded on the search warrant-based retaliation claim in Count 1 of the SAC and on the Franks-based Fourth Amendment claim in Count 2 of the SAC; and b. All remaining claims against Sergeant McCabe are DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge Susan Richard Nelson on 1/10/2019. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Brock Fredin,

Civil No. 18-cv-0510 (SRN/HB)
Plaintiff,

v.

ORDER

Elizabeth A. Clysdale, David E.
McCabe, Grace Elizabeth Miller,
Catherine Marie Schaefer, and Lindsey
Middlecamp,
Defendants.

SUSAN RICHARD NELSON, United States District Judge
The above-entitled matter is before the Court on the Report and Recommendation
of the United States Magistrate Judge [Doc. No. 106]. No objections have been filed to
the Report and Recommendation in the time period permitted.
Accordingly, based on that Report and Recommendation, and all the files, records,
and proceedings herein, IT IS HEREBY ORDERED that:
1. The Report and Recommendation [Doc. No. 106] is ADOPTED;
2. Plaintiff Brock Fredin’s Motion for Leave to File a Second Amended
Complaint [Doc. No. 80] is GRANTED;
3. The Clerk’s Office shall file and docket on Fredin’s behalf the Second
Amended Complaint, currently designated as a proposed second amended
complaint [Doc. No. 80-1];
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4. Plaintiff Brock Fredin’s letter request for leave to file a third amended
complaint [Doc. No. 89] is DENIED;
5. Defendant Referee Elizabeth Clysdale’s Motion to Dismiss [Doc. No. 38], as
applied to the now operative Second Amended Complaint, is GRANTED, and
all claims against Referee Clysdale are DISMISSED WITH PREJUDICE;
6. Defendants Grace Elizabeth Miller, Catherine Marie Schaefer, and Lindsey
Middlecamp’s Motion to Dismiss [Doc. No. 44], as applied to the now
operative Second Amended Complaint, is GRANTED, and all claims against
these Defendants are DISMISSED WITH PREJUDICE; and
7. Defendant Sergeant David E. McCabe’s Motion to Dismiss [Doc. No. 49], as
applied to the now operative Second Amended Complaint, is GRANTED, as
follows:
a. Summary judgment is awarded on the search warrant-based
retaliation claim in Count 1 of the SAC and on the Franks-based
Fourth Amendment claim in Count 2 of the SAC; and
b. All remaining claims against Sergeant McCabe are DISMISSED
WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: January 10, 2019
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge
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