Bayley v. MDU Resources Group, Inc.

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Daniel L. Hovland: The Court adopts the 66 Report and Recommendations in its entirety and grants 28 Motion for Summary Judgment.(BS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Sylvia Bayley,

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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:13-cv-02
MDU Resources Group, Inc,
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Defendant.
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______________________________________________________________________________
The Plaintiff, Sylvia Bayley, initiated this action against the Defendant, Montana Dakota
Utilities Resources Group, Inc. (“MDU”), on January 3, 2013. See Docket No. 1. On June 9, 2014,
MDU filed a motion for summary judgment. See Docket No. 28. The motion was referred to
Magistrate Judge Karen K. Klein for a Report and Recommendation. See Docket No. 51. On
November 14, 2014, Judge Klein issued her Report and Recommendation in which she
recommended MDU’s motion for summary judgment be granted and Bayley’s complaint dismissed
with prejudice. See Docket No. 66. The parties were given until December 16, 2014, to file any
objections to the Report and Recommendation See Docket No. 68. Bayley filed her objections on
December 16, 2014. See Docket No. 69. Bayley’s objections focus exclusively on her claim of age
discrimination against MDU. MDU filed a response to the objections on January 2, 2015. See
Docket No. 70.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. MDU is entitled to
summary judgment on all four claims alleged in Bayley’s complaint. Accordingly, the Court
ADOPTS the Report and Recommendation (Docket No. 66) in its entirety. MDU’s motion for

summary judgment (Docket No. 28) is GRANTED.
IT IS SO ORDERED.
Dated this 2nd day of February, 2015.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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