Ireland et al v. Olson et al

Filing 165

ORDER ADOPTING 159 REPORT AND RECOMMENDATION; staying 115 Motion to Dismiss for Failure to State a Claim pending receipt of additional briefing and a decision on the motion for leave to file an amended complaint; staying 143 Motion to Dismiss for Failure to State a Claim pending receipt of additional briefing and a decision on the motion for leave to file an 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,

Case No. 3:13-cv-03
ORDER ADOPTING REPORT AND
RECOMMENDATION

-vsMaggie D. Anderson, Executive
Director, North Dakota Department of
Human Services, et al.,
Defendants.

The Court has received a Report and Recommendation from the Honorable Alice R.
Senechal, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending (1)
the claims against three state officials in their individual capacities be dismissed; (2)
defendants’ motion to dismiss be denied as to the Rooker-Feldman doctrine; and (3)
defendants’ motions to dismiss be stayed until defendants have responded to plaintiffs’
motion for leave to file a proposed third amended complaint.1
The defendants filed objections to the Report and Recommendation, requesting that
the court address their Rooker-Feldman argument as to plaintiffs’ claims challenging state
courts’ decisions and dismiss plaintiffs’ claims that seek to review and reverse state court
decisions.2 The plaintiffs also filed a “statement” regarding the Report and
Recommendation, clarifying that they conceded to the dismissal of individual capacity
claims contained in the second amended complaint but that concession was not intended

1

Doc. #159.

2

Doc. #163.

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to apply to the proposed third amended complaint.3
The court has reviewed all of the pleadings in this case as well as the parties’
objections. Pending before the court is a motion to file a third amended complaint.4 As
noted by the magistrate judge, the Report and Recommendation addressed allegations and
claims contained in the second amended complaint.

Consistent with the parties’

agreement, the individual capacity claims alleged in the second amended complaint against
Maggie D. Anderson, Alex Schweitzer, and Leann Bertsch are hereby dismissed without
prejudice. Each complaint must be assessed separately. If the plaintiffs are granted leave
to amend their complaint and the defendants believe there are individual capacity claims
subject to dismissal, the defendants should file the appropriate motion.
In response to various objections by the defendants, the plaintiffs have sought to
amend their complaint a number of different times. With regard to the Rooker-Feldman
doctrine, the court addressed this issue in the context of a motion to amend the complaint.5
The court noted that the proposed second amended complaint was not futile and that the
Rooker-Feldman doctrine did not deprive this court of subject matter jurisdiction.6 There
is no additional evidence in the record that would warrant this court revisiting the issue at
this time. Once the motion to amend is decided, the defendants may request that the court
address any particular Rooker-Feldman arguments tailored to the particular version of the
complaint in effect at that time.

3

Doc. #162.

4

Doc. #150.

5

Doc. #99.

6

Id. at p. 20.

2

Upon consideration of the Report and Recommendation and the entire record, the
court hereby adopts the magistrate judge’s analysis contained in the Report and
Recommendation. For the reasons stated therein, the individual capacity claims alleged
against the three state officials in the second amended complaint are DISMISSED
WITHOUT PREJUDICE. The defendants’ motion to dismiss on the basis of the RookerFeldman doctrine is denied, but may be renewed if there is a new claim raised in an
amended complaint or additional evidence that the defendants believe subjects a claim to
dismissal under the doctrine. The defendants’ motions to dismiss in all other respects are
STAYED pending receipt of additional briefing and a decision on the motion for leave to
amend.
IT IS SO ORDERED.
Dated this 31st day of March, 2015.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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