Tollefson v. Pladson

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS 42 ; denying 19 motion to partially dismiss counterclaims by Chief Judge Ralph R. Erickson. (NJR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Jon R. Tollefson,
Plaintiff,
vs.
DeAnn Marie Pladson,
Defendant.

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Case No. 3:11-cv-62
ORDER ADOPTING
REPORT AND RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, recommending that Jon R. Tollefson’s motion to partially
dismiss the counterclaims by DeAnn Marie Pladson be denied (Doc. #42). Tollefson has objected
to the Report and Recommendation, contending that the Magistrate Judge misinterpreted the law
applicable to this case (Doc. #43).
The Court has reviewed the Report and Recommendation, along with the entire record in this
matter, and finds that Magistrate Judge’s position is correct. The facts and law as plead by Pladson
meet the plausibility test under Aschcroft v. Iqbal, 556 U.S. 662 (2009), and therefore dismissal of
the counterclaims would be inappropriate. The Court adopts the Report and Recommendation in
its entirety and ORDERS that Tollefson’s motion to partially dismiss Pladson’s counterclaims is
DENIED.
Pladson has expressed to the Court her conviction that a settlement has been reached in this
matter regarding all federal claims (Doc. #57). For the Court to issue any decision based on the
purported settlement, a motion must be brought demonstrating its existence, its terms, and a request
for its enforcement. Should such a motion be brought, the Court will consider all pending motions

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at a hearing.
IT IS SO ORDERED.
Dated this 14th day of August, 2012
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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