Albert v. Principal Financial Group et al
| Kallys Albert, Sr |
| Principal Life Insurance Group, John Doe and Principal Financial Group |
| 0:2012cv01224 |
| May 21, 2012 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Donovan W. Frank |
| Franklin L. Noel |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1001 |
| Plaintiff |
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Filing
137
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Plaintiff Kallys Albert, Sr.'s objections (Doc. No. 133 ) to Magistrate Judge Franklin L. Noel's February 10, 2014 Report and Recommendation are OVERRULED. 2. Magistrate Judge Franklin L. Noel& #039;s February 10, 2014 Report and Recommendation (Doc. No. 132 ) is ADOPTED. 3. The Orion Defendants' motion for summary judgment (Doc. No. 110 ) is GRANTED. 4. Plaintiff's Amended Complaint (Doc. No. 15 ) is DISMISSED WITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 3/21/2014. (BJS). cc: Kallys Albert, Sr on 3/21/2014 (KNK).
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Filing
56
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Franklin L. Noel's February 22, 2013 Report and Recommendation (Doc. No. 54 ) is ADOPTED. 2. Defendants' Motion to Dismiss (Doc. No. 38 ) is GRANTED in part and DENIED in par t, as follows: a. To the extent Defendants seek to dismiss counts four, six, seven and eight, the motion is GRANTED and the counts are DISMISSED WITH PREJUDICE. b. To the extent Defendants seek to dismiss all ERISA conspiracy claims in count one, tw o, three and five, the motion is GRANTED. c. To the extent Defendants seek to dismiss counts one, two,three and five against them in their individual capacities, the motion is DENIED. 3. Plaintiff's motion for default judgment (Doc. No. 36 ) is DENIED. Default judgment is appropriate only after one is properly served and a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend.... Fed. R. Civ. P. 55(a). Although Defendants now stipulate to s ervice by mail, they were not properly served by Plaintiff. Therefore, default judgment is not appropriate. 4. Plaintiffs motion for judgment on the pleadings (Doc. No. 46 ) is DENIED. Judgment on the pleadings should be granted only if it appears b eyond a doubt that the [non-movants] can prove no set of facts which would entitle [them] to relief. Morton v. Becker, 793 F.2d 185, 187 (8th Cir. 1986). Plaintiff has not met this burden.(Written Opinion). Signed by Judge Donovan W. Frank on 3/19/2013. (BJS) CC: Albert. (kt)
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Filing
50
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Franklin L. Noel's December 11, 2012 Report and Recommendation (Doc. No. 44 ) is ADOPTED. 2. Defendant's Motion to dismiss (Doc. No. 18 ) is GRANTED. 3. Counts two through eight are DISMISSED WITH PREJUDICE.(Written Opinion). Signed by Judge Donovan W. Frank on 1/2/2013. (BJS)
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