Tuesday, October 7, 2008

Lawsuit against Deseret News was Dismissed.

I've seen several different places on the internet talk about the lawsuit Paul R. Drockton, Jr. filed against Farmers Insurance, Joseph Cannon, and Deseret News Publishing. As you can read below the court found no merit in Drockton's claim and therefore granted Deseret News a motion to dismiss. Meaning that Drockton's suit was not even worth sending to trial. This ruling was handed down last year but I still think it's important to show what really happened.

Plaintiff Paul R. Drockton, Jr. has filed a pro se civil rights complaint under 42 U.S.C. § 1983 against multiple defendants, including Joseph Cannon and Deseret News Publishing. Plaintiff's complaint includes five causes of action, four of which name the Deseret News Defendants. Those four causes of action are: (1) “Unlawful Interference with Plaintiff's attempts to obtain proper Attorney Representation,” (2) “Abuse of Office in an attempt to deprive Plaintiff of his civil Rights,” (3) “Gross and criminal retaliation against Plaintiff for Plaintiff's efforts to seek justice,” and (4) “Unlawful interference with an Equal Employment Opportunity Commission (EEOC) complaint and investigation.”
The matter was referred to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B). On June 6, 2007, Judge Warner issued a Report and Recommendation (the “R & R”) that recommended granting the Deseret News Defendants' motion to dismiss dismissing all Plaintiff's claims against the Deseret News Defendants. The parties were given ten days to file objections to the R & R and were cautioned that failure to file objections could constitute a waiver of those objections on subsequent appellate review. There were no objections to the R & R.
The court has conducted a de novo review of the issues and agrees with Judge Warner's recommendation. Accordingly, the Report and Recommendation is adopted as the order of this court. The Deseret News Defendants' motion to dismiss is granted and all Plaintiff's claims against the Deseret News Defendants are dismissed.

1 comment:

  1. Actually Deseret News was only one defendant. The Judge permitted the case to proceed against Farmers Insurance but not the Deseret News. Nothing was dismissed, but Joseph Cannon and Deseret News were released by the judge. Nice to know people I guess.

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