U.S. District Court, District of Minnesota, 2019

Kern v. New Flyer of America, Inc.

Kern v. New Flyer of America, Inc.
U.S. District Court, District of Minnesota · Decided May 13, 2019

Kern v. New Flyer of America, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

John B. Kern. File No. 18-cv-3270 (ECT/TNL) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION New Flyer of America, Inc., Defendant. ________________________________________________________________________ The Court has received the April 25, 2019 Report and Recommendation of United States Magistrate Judge Tony N. Leung. ECF No. 5. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Plaintiff’s Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 13, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

John B. Kern. File No. 18-cv-3270 (ECT/TNL) Plaintiff, v. ORDER ACCEPTING REPORT AND RECOMMENDATION New Flyer of America, Inc., Defendant. ________________________________________________________________________ The Court has received the April 25, 2019 Report and Recommendation of United States Magistrate Judge Tony N. Leung. ECF No. 5. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. Plaintiff’s Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 13, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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