Olderman v. John McDonald & Sons, Inc.

D. Minnesota

Olderman v. John McDonald & Sons, Inc.

District Court, D. Minnesota·Decided May 30, 2025·No. 0:25-cv-01050·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

JEANNE OLDERMAN, Case No. 25-cv-1050 (LMP/LIB)

Plaintiff,

v. ORDER ADOPTING REPORT AND RECOMMENDATION JOHN MCDONALD & SONS, INC., JOHN DOE, RICHARD DOE, XYZ ENTITY, and DAVE LEVY CONSTRUCTION, LLC,

Defendants.

This matter is before the Court on the May 14, 2025 Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois, which recommends remanding this action to Minnesota state court for lack of subject matter jurisdiction. See ECF No. 9. No party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Discerning no clear error, the Court adopts the R&R in full. ORDER Based upon all the files, records, and proceedings in this matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (ECF No. 9) is ADOPTED IN FULL; and 2. This action is REMANDED to the District Court of the State of Minnesota, Ninth Judicial District, County of Beltrami.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 30, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

JEANNE OLDERMAN, Case No. 25-cv-1050 (LMP/LIB)

Plaintiff,

v. ORDER ADOPTING REPORT AND RECOMMENDATION JOHN MCDONALD & SONS, INC., JOHN DOE, RICHARD DOE, XYZ ENTITY, and DAVE LEVY CONSTRUCTION, LLC,

Defendants.

This matter is before the Court on the May 14, 2025 Report and Recommendation (“R&R”) of United States Magistrate Judge Leo I. Brisbois, which recommends remanding this action to Minnesota state court for lack of subject matter jurisdiction. See ECF No. 9. No party objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Discerning no clear error, the Court adopts the R&R in full. ORDER Based upon all the files, records, and proceedings in this matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (ECF No. 9) is ADOPTED IN FULL; and 2. This action is REMANDED to the District Court of the State of Minnesota, Ninth Judicial District, County of Beltrami.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 30, 2025 s/Laura M. Provinzino Laura M. Provinzino United States District Judge

Olderman v. John McDonald & Sons, Inc., (mnd 2025).

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