IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION
June 22, 2012
JARED SCHUELLER, PLAINTIFF,
REMINGTON ARMS COMPANY, LLC AND SPORTING GOODS PROPERTIES, INC., DEFENDANT.
The opinion of the court was delivered by: Ralph R. Erickson, Chief Judge United States District Court
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Defendants' motion to dismiss Count V of the Complaint be granted and that Defendants' motion to strike the prayer for relief to the extent it seeks punitive damages be granted without prejudice such that Plaintiff may seek to amend the Complaint to add such a claim in accordance with N.D. Cent. Code § 32-03.2-11(1). Neither party has filed an objection to the Report and Recommendation.
The Court has reviewed the Report and Recommendation, along with the entire file, and finds the Magistrate Judge's analysis is correct. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Defendants' motion to dismiss Count V of the Complaint is GRANTED and this claim is hereby dismissed with prejudice. Defendants' motion to strike the prayer for relief pertaining to punitive damages is GRANTED without prejudice at this time. Plaintiff retains the right to present a properly documented motion to amend the pleadings to add a claim for punitive damages in accordance with N.D. Cent. Code § 32-03.2-11(1).
IT IS SO ORDERED.
Ralph R. Erickson
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