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Piekarski v. United States of America, 16-1752 (JRT/LIB). (2018)

Court: District Court, D. Minnesota Number: infdco20180110b13 Visitors: 13
Filed: Jan. 09, 2018
Latest Update: Jan. 09, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS JOHN R. TUNHEIM , Chief District Judge . Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED that: 1. The United States' Motion to Substitute the United States for the Defendant DeSilva, to Dismiss DeSilva with Prejudice, and to Amend the Caption [Docket No. 47] is GRANTED in part and DE
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ORDER ADOPTING REPORT AND RECOMMENDATIONS

Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, IT IS HEREBY ORDERED that:

1. The United States' Motion to Substitute the United States for the Defendant DeSilva, to Dismiss DeSilva with Prejudice, and to Amend the Caption [Docket No. 47] is GRANTED in part and DENIED in part as moot. Claims against Defendant DeSilva are dismissed without prejudice and the case caption shall be amended to delete Defendant DeSilva and reflect the United States as the sole Defendant.

2. Plaintiff's Motion for Partial Summary Judgment [Docket No. 37] is DENIED as moot.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Source:  Leagle

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