Phelps v. TC/American Crane Company

1
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Trenton Phelps,
Petitioner,
v.
TC/ American Crane Company,
Defendant.
Case No. 25-CV-0817 (JMB/LIB)
ORDER
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Leo I. Brisbois dated October 14, 2025. (Doc. No. 36.) The R&R
recommends that the Court dismiss this action without prejudice. (Id.) Neither party has
objected to the R&R, and the time to do so has now passed. See D. Minn. L.R. 72.2(b)(1).
In the absence of timely objections, the Court reviews the R&R 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 the files, records, and proceedings in the above-
captioned matter, IT IS HEREBY ORDERED THAT:
1. 	The R&R (Doc. No. 36) is ADOPTED;
2. 	Defendant’s Motion to Dismiss (Doc. No. 21) is GRANTED IN PART and
DENIED IN PART; and
3. 	The Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 22, 2026 	/s/ Jeffrey M. Bryan
Judge Jeffrey M. Bryan
United States District Court
CASE 0:25-cv-00817-JMB-LIB Doc. 37 Filed 01/22/26 Page 1 of 1