United States District Court, D. Minnesota
Order Filed: December 19, 2014
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For Plaintiff: Lorenz F. Fett, Jr., Sonia L. Miller-Van Oort, and Jonathan A. Strauss, Sapientia Law Group PLLC, Minneapolis, MN.
For City of St. Paul, Defendant: Portia M. Hampton-Flowers, St. Paul City Attorney, St. Paul, MN.
For City of Minneapolis, Defendant: Timothy S. Skarda, Minneapolis City Attorney's Office, Minneapolis, MN.
The Honorable Michael J. Davis, Chief United States District Judge.
Based upon the Report and Recommendation bye United States Magistrate Judge Tony N. Leung dated December 19, 2014 [Docket No. 126], along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1. Defendant City of Saint Paul's Motions for Judgment on the Pleadings, Summary Judgment and Motion to Sever [Docket No. 79] is GRANTED IN PART and DENIED IN PART AS MOOT.
2. Defendant City of Minneapolis' Motion for Judgment on the Pleadings, Summary Judgment and Motion to Sever [Docket No. 87] is GRANTED IN PART and DENIED IN PART AS MOOT.
REPORT & RECOMMENDATION
Tony N. Leung, United States Magistrate Judge.
This matter is before the Court, United States Magistrate Judge Tony N. Leung, on alternative motions for judgment on the pleadings, summary judgment, and motions to sever brought by Defendants City of St. Paul (" St. Paul" ) (ECF No. 79) and City of Minneapolis (" Minneapolis" ) (ECF No. 87) (collectively, " Cities" ). These motions have been referred to the undersigned magistrate judge for a report and recommendation to the district court, the Honorable Michael J. Davis, Chief District Judge of the United States District Court for the District of Minnesota, pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(b). (ECF Nos. 85, 92.)
A hearing was held. Sonia L. Miller-Van Oort appeared on behalf of Plaintiff. (ECF No. 101.) Portia Hampton-Flowers appeared on behalf of St. Paul. ( Id.) Timothy S. Skarda appeared on behalf of Minneapolis. ( Id.)
Based upon the record, memoranda, and the proceedings herein, IT IS HEREBY RECOMMENDED that Defendant City of Saint Paul's Motions for Judgment on the Pleadings, Summary Judgment and Motion to Sever (ECF No. 79) be GRANTED IN PART and DENIED IN PART AS MOOT, and Defendant City of Minneapolis's Motion for Judgment on the Pleadings, Summary Judgment and Motion to Sever (ECF No. 87) be GRANTED IN PART and DENIED IN PART AS MOOT.
Plaintiff brings claims under the Driver's Privacy Protection Act (" DPPA" ), 18 U.S.C. § 2721 et seq.; 42 U.S.C. § 1983; and common law based on accesses of her personal and private driver's license information. (Compl. ¶ ¶ 6, 179-205, 224-77, ECF No. 1.) This action is one of several actions filed in this District alleging unlawful access of private data. See, e.g., Kiminski v. Hunt, File No. 13-cv-185 (JNE/TNL) (consolidated cases); Kost v. Hunt, File No. 13-cv-583 (JNE/TNL);
Potocnik v. Anoka Cnty., File No. 13-cv-1103 (DSD/TNL) (Ltr. to Hon. Michael J. Davis, Mar. 25, 2014, listing pending DPPA cases (ECF No. 98)).
A. The Database & Records Maintained
On June 24, 2014, this Court issued a report and recommendation (" R& R" ) regarding several dispositive motions filed by other defendants in this matter. (ECF No. 102.) The Court incorporates by reference Section II of the R& R addressing the nature of the database containing the information at issue and the records maintained therein; the extramarital affair of Plaintiff's then-husband and events leading to Plaintiff's discovery of the alleged impermissible accesses of her information; and the overall history of this litigation.
B. Accesses of Plaintiff's Information
Plaintiff alleges that " [o]fficers employed by, licensed by, or otherwise accessing through the City of St. Paul impermissibly accessed [her p]rivate [d]ata four times," and that " [o]fficers employed by, licensed by, or otherwise accessing through the City of Minneapolis impermissibly accessed [her ...