Summary
recognizing that Rule 12 requires party to "serve a 'responsive pleading'" and that " motion to dismiss under Rule 12(b) for failure to state a claim may be filed in lieu of an answer"
Summary of this case from Allied Home Mortg. Capital v. BelliOpinion
Civil No. 08-5069 (JNE/JSM).
July 10, 2009
ORDER
This case is before the Court on a Report and Recommendation issued by the Honorable Janie S. Mayeron, United States Magistrate Judge, on June 18, 2009. The magistrate judge recommended that Defendant Transport Leasing/Contract, Inc.'s Motion to Dismiss be granted; Defendant Overnite Express, Inc.'s and Defendant Quail Trucking, Ltd.'s Motion to Dismiss be granted; Plaintiff's Motion for a Default Judgment be denied; and Plaintiff's Motion for Relief of Judgment be denied. Plaintiff objected to the Report and Recommendation. The Court has conducted a de novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the Report and Recommendation. Therefore, IT IS ORDERED THAT:
Though the case caption does not include Quail Trucking, Plaintiff's Complaint and Amended Complaint state that he seeks relief from Quail Trucking, and Quail Trucking has answered and moved to dismiss. No party has asked the Court to amend the case caption.
1. Defendant Transport Leasing/Contract, Inc.'s Motion to Dismiss [Docket No. 11] is GRANTED.
2. Defendant Overnite Express, Inc.'s and Defendant Quail Trucking, Ltd.'s Motion to Dismiss [Docket No. 15] is GRANTED.
3. Plaintiff's Motion for a Default Judgment [Docket No. 24] is DENIED.
4. Plaintiff's Motion for Relief of Judgment [Docket No. 41] is DENIED.
5. Plaintiff's claims under 42 U.S.C. §§ 1983, 1985, 1986 against Overnite Express, Transport Leasing/Contract, and Quail Trucking are DISMISSED WITH PREJUDICE.