Ireland et al v. Olson et al

Filing 102

ORDER ADOPTING 99 REPORT AND RECOMMENDATION; denying 51 Motion to Dismiss for Lack of Jurisdiction; granting 82 Motion to Amend/Correct; granting 82 Motion for Leave to File Second Amended Complaint by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Rodney J. Ireland, et al.,
Plaintiffs,
-vsMaggie D. Anderson, Executive Director,
North Dakota Department of Human
Services, et al.,
Defendants.

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Case No. 3:13-cv-3
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 Plaintiffs’ motion
for leave to file a Second Amended Complaint be granted; that Defendants’ motion to dismiss the
First Amended Complaint on the basis of Plaintiffs’ failure to respond be denied; and that the Court
find the motion to dismiss moot.1
Defendants have filed an objection to the Report and Recommendation,2 expressing concern
that the Report and Recommendation could be interpreted as making factual findings and legal
conclusions on the merits of the claims. The Court has reviewed the Report and Recommendation
and conducted a de novo review of Defendants’ objections. The undersigned does not believe that
there has been any formal factual findings or legal conclusions. Nothing in the Report and
Recommendation has a preclusive effect. The statements made in the Report and Recommendation
were necessary to provide context for the motion.
Upon consideration, the Court hereby adopts the magistrate judge’s analysis contained in the
1

Doc. #99.

2

Doc. #100.

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Report and Recommendation. For the reasons stated therein, Plaintiffs’ motion for leave to file a
Second Amended Complaint3 is GRANTED. The Second Amended Complaint shall be filed
forthwith. Defendants’ motion to dismiss4 the First Amended Complaint on the basis that Plaintiffs
failed to respond is DENIED. The Court further finds that Defendants’ motion to dismiss has been
rendered MOOT.
IT IS SO ORDERED.
Dated this 25th day of July, 2014.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

3

Doc. #82.

4

Doc. #51.

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