UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Benjamin Rose, Civ. No. 25-3234 (JWB/DTS)
Plaintiff,
v. ORDER ACCEPTING
REPORT AND RECOMMENDATION
Enriched Living, LLC, OF MAGISTRATE JUDGE
Defendant.
United States Magistrate Judge David T. Schultz issued a Report and
Recommendation (“R&R”) in this matter on July 14, 2026. (Doc. No. 50.) No objections
have been filed to that R&R in the time permitted. Absent timely objections, the R&R is
reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795
(8th Cir. 1996). Having reviewed the R&R, no clear error is found.
Based on the R&R of the Magistrate Judge, and on all the files, records, and
proceedings in this case, IT IS HEREBY ORDERED that:
1. The July 14, 2026 R&R (Doc. No. 50) is ACCEPTED.
2. Defendant Enriched Living, LLC’s Motion to Dismiss (Doc. No. 34) is
GRANTED IN PART and DENIED IN PART as follows:
A. The Motion is GRANTED as to Counts II, III, V, and VI;
B. The Motion is GRANTED as to Count IV to the extent it
asserts claims for disability discrimination, failure to
accommodate, and reprisal;
C. The Motion is DENIED as to Count I;
D. The Motion is DENIED as to Count IV to the extent it asserts
a claim for national origin discrimination.
Date: August 25, 2026 s/ Jerry W. Blackwell
JERRY W. BLACKWELL
United States District Judge
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