Opinion
Civil No. 18-cv-0466 (SRN/HB)
01-22-2019
Brock Fredin, Plaintiff, v. Grace Elizabeth Miller and Catherine Marie Schaefer, Defendants.
AMENDED ORDER ON REPORT AND RECOMMENDATION
The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections were filed to the Report and Recommendation in the time period permitted.
On December 11, 2018, this Court issued an Order adopting the Report and Recommendation [Doc. No. 41]. However, the Order erroneously included the language "Let Judgment Be Entered Accordingly." Based on that language, the case file was closed, and judgment was entered. The Court now issues the following, amended Order, based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1. The Report and Recommendation is ADOPTED;
2. Plaintiff Brock Fredin's Motion for Leave to File Amended Complaint [Doc. No. 29] is GRANTED IN PART and DENIED IN PART as to the
defamation per se claim, as set forth fully in Part II.B.2 of the Report and Recommendation; GRANTED as to the abuse of process claim; GRANTED as to the nonconsensual sexual solicitation claim; GRANTED IN PART and DENIED IN PART as to the invasion of privacy claim, as set forth fully in Part II.B.5 of the Report and Recommendation; GRANTED as to the negligence claim; GRANTED as to the false arrest/imprisonment claim; GRANTED as to the malicious prosecution claim; GRANTED as to the civil fraud claim; GRANTED as to the IIED claim; GRANTED as to the civil conspiracy claim; GRANTED as to the prima facie tort claim; and DENIED as to the copyright infringement claim;
3. Defendants Grace Elizabeth Miller and Catherine Marie Schaefer's Motion to Dismiss [Doc. No. 18] is DENIED AS MOOT as to the defamation per se claim; DENIED as to the abuse-of process claim; DENIED as to the nonconsensual sexual solicitation claim; GRANTED IN PART and DENIED IN PART as to the invasion of privacy claim, as set forth fully in Part II.B.5 of the Report and Recommendation; DENIED as to the negligence claim; DENIED AS MOOT as to the false arrest/imprisonment claim; DENIED AS MOOT as to the malicious prosecution claim; DENIED AS MOOT as to the civil fraud claim; DENIED AS MOOT as to the IIED claim; DENIED as to the civil conspiracy claim; and DENIED AS MOOT as to the prima facie tort claim;
4. All dismissals are WITH PREJUDICE;Dated: January 22, 2019
5. Plaintiff is ordered to file an amended complaint that complies fully with this Order within fourteen days;
6. The Order at Docket No. 41 is hereby VACATED; and
7. The Clerk of Court is directed to VACATE the Judgment entered in this matter on December 12, 2018. [Doc. No. 42].
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge