Opinion
Civil No. 07-4303 (JRT/LIB)
03-13-2013
THOMAS SCHIFFLER AND BRITTANY SCHIFFLER, Plaintiffs, v. HOME DEPOT USA, INC., JOHN DOE, RICHARD ROE, AND XYZ ENTITY, Defendants,
Michael Bryant, BRADSHAW & BRYANT PLLC, 1505 Division Street, Waite Park, MN 56387, for plaintiff. Dale Thornsjo and Margaret Santos, O'MEARA LEER WAGNER & KOHL, PA, 7401 Metro Boulevard, Suite 600, Minneapolis, MN 55439, for Defendant Home Depot USA, Inc.
ORDER ADOPTING REPORT
AND RECOMMENDATION
Michael Bryant, BRADSHAW & BRYANT PLLC, 1505 Division Street, Waite Park, MN 56387, for plaintiff.
Dale Thornsjo and Margaret Santos, O'MEARA LEER WAGNER & KOHL, PA, 7401 Metro Boulevard, Suite 600, Minneapolis, MN 55439, for Defendant Home Depot USA, Inc.
The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge Leo I. Brisbois. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that:
1. Defendant's Motion for Partial Summary Judgment, [Docket No. 60], is GRANTED as to (1) Plaintiff's claim for defective or inadequate instructions or warnings; (2) Plaintiff's manufacturing defect claim; (3) Plaintiff's express warranty claim; (4) Plaintiff's implied warranty claim, to the extent not merged into the legal doctrine of design defect; and (5) Ms. Schiffler's claim for loss of consortium; each of which Plaintiff and Ms. Schiffler have waived on the record.
2. Defendant's Motion for Partial Summary Judgment, [Docket No. 60], is GRANTED as to Plaintiff's head injury claims. DATED: March 13, 2013
at Minneapolis, Minnesota
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JOHN R. TUNHEIM
United States District Judge