Schueller v. Remington Arms Company, LLC et al

Filing 31

ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS by Chief Judge Ralph R. Erickson: Defendants' 13 Motion to Dismiss Count V of the Complaint is Granted; and Defendants' 13 Motion to Strike Punitive Damages from the Prayer for Relief is Granted Without Prejudice. (SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
Jared Schueller,
Plaintiff,
-vsRemington Arms Company, LLC and
Sporting Goods Properties, Inc.,
Defendant.

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Case No. 2:11-cv-108
ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Defendants’
motion to dismiss Count V of the Complaint be granted and that Defendants’ motion to strike the
prayer for relief to the extent it seeks punitive damages be granted without prejudice such that
Plaintiff may seek to amend the Complaint to add such a claim in accordance with N.D. Cent. Code
§ 32-03.2-11(1). Neither party has filed an objection to the Report and Recommendation.
The Court has reviewed the Report and Recommendation, along with the entire file, and finds
the Magistrate Judge’s analysis is correct. Accordingly, the Court hereby adopts the Report and
Recommendation in its entirety. For the reasons set forth therein, Defendants’ motion to dismiss
Count V of the Complaint is GRANTED and this claim is hereby dismissed with prejudice.
Defendants’ motion to strike the prayer for relief pertaining to punitive damages is GRANTED
without prejudice at this time. Plaintiff retains the right to present a properly documented motion
to amend the pleadings to add a claim for punitive damages in accordance with N.D. Cent. Code §
32-03.2-11(1).
IT IS SO ORDERED.
Dated this 22nd day of June, 2012.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court