Ringsred v. City of Duluth

Full title: Eric RINGSRED, an individual and a state, federal and local taxpayer…

Court: United States District Court, D. Minnesota

Date published: Nov 26, 2001

187 F. Supp. 2d 1141 (D. Minn. 2001)

Opinion

Civil No. 00-2241 (RHK/RLE)

November 26, 2001

Paul Christopher Engh, Engh Law Office, Minneapolis, MN, for plaintiff.

Eric Ringsred, Duluth, MN, pro se.

Mary Alison Lutterman, Duluth City Attorney, Duluth, MN, Robert Thomas Torgerson, Hanft Fride O'Brien Harries Swelbar Burns, James Alan Wade, Roy Christensen, Johnson Killen Seiler, Duluth, MN, for defendants.

ORDER

RICHARD H. KYLE, United States District Judge.

Before the Court are Plaintiffs' Objections to the October 22, 2001 Report and Recommendation (RR) of Magistrate Judge Raymond L. Erickson.

This Court has conducted the required de novo review of the objected to portions of the RR and is satisfied that Judge Erickson's recommended disposition is fully supported by the record before him and by controlling legal precedent. The RR is thorough and the legal analysis sound.

Upon all the files, records and proceedings herein, IT IS ORDERED:

1. The Objections (Doc. No. 121) are OVERRULED;

2. The Report and Recommendation (Doc. No. 118) is ADOPTED;

3. The Motion of the Government Defendants¹ to Dismiss the Plaintiffs' Complaint for lack of subject matter jurisdiction (Doc. No. 48) is GRANTED;

1 City of Duluth, Gary Doty, Cynthia Aibright, Bryan Brown, Robert Asleson, John Schweiger, John Smedberg, and Duluth Economic Development Authority.

4. The Motion of the Soft Center Defendants² for Summary Judgment (Doc. No. 83) is GRANTED;

2 Center-Duluth, Inc. and Michael McNamara.

5. The Motion of the Chamber Defendants³ for Summary Judgment (Doc. No. 94) is GRANTED; and

3 Duluth Area Chamber of Commerce, Team Duluth, David Ross and Michael McNamara.

6. The Complaint is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.