Citations
- 181 F. Supp. 2d 1003
Full opinion text
ORDER
ROSENBAUM, Chief Judge.
Plaintiff objects to the Report and Recommendation, issued November 21, 2001, by the Honorable Franklin L. Noel, United States Chief Magistrate Judge. Plaintiffs objections to the Report were timely filed, pursuant to Local Rule 72.1(c)(2).
Based upon a de novo review of the record herein, the Court adopts the Magistrate’s Report and Recommendation. Accordingly, IT IS ORDERED that:
1. Plaintiffs motion for partial summary judgment is denied. [Docket No. 29.]
2. Defendants’ motion for summary judgment is granted. [Docket No. 35.]
3. Plaintiffs remaining state law claims are dismissed without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
REPORT AND RECOMMENDATION
NOEL, Unites States Magistrate Judge.
THIS MATTER came for a hearing before the undersigned United States Magistrate Judge on Plaintiffs Motion for Partial Summary Judgment [# 29]. This matter has been referred to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1(c). For the reasons which follow, the Court recommends that Plaintiffs Motion be denied and Summary Judgment be entered in the Defendant’s favor.
I. FACTUAL BACKGROUND
This dispute arises from the injury of Plaintiff Shelley Hanson (“Ms.Hanson”) sustained after being struck by a light fixture during a rehearsal at the Minnesota Sinfonía Chamber Orchestra. (“Sinfo-nía”) After taking time off to recover, Ms. Hanson returned to the Sinfonía only to discover that she was terminated from her position as a clarinet player. (See Pi’s Mem.Supp.Mot. Partial Summ.J. at 1) (“PL’s SuppMem.”). Ms. Hanson filed suit alleging (1) Disability Discrimination, failure of accommodation, and Breach of Confidentiality under the Americans with Disabilities Act (“ADA”), the Minnesota Human Rights Act (“MHRA”) (2) Negligent Infliction of Emotional Distress, (3) Invasion of Privacy, (4) Defamation, (5) Interference with Prospective Business Relations, (6) Breach of Contract; and (7) Promissory Estoppel. (See Compl. at 1.)
The Sinfonía provides chamber orchestra music to members of the public who might not ordinarily have access to such events. The Sinfonia’s organizational structure consists of the Manager (also referred to as Managing Director) and the Artistic Director. (See Def.s’ Mem.Supp. Mot. for Summ.J. and Opp.Pl.’s Mot. for Partial Summ.J. at 3-4 (“Defs Opp. Mem.”).) The Manager performs all administrative tasks and the Artistic Director makes decisions regarding performers, venue and programming. The two aforementioned positions are considered employees of the Sinfonía, and as such, have payroll taxes withheld from their compensation, as well as workers compensation coverage. Defendant, Jay Fishman (“Fishman”), co-founder and Executive Director of the Sinfonía, also serves as the Artistic Director and Conductor. Sinfonía engages musicians to perform with the orchestra following auditions with the conductor. All Sinfonía musicians belong to Local 30-73 of the American Federation of Musicians, the Twin Cities union for musical entertainers. The Sinfonía musicians are governed by local union rules and a code of conduct governing how musicians are to conduct themselves during rehearsals, concerts and in the event a musician misses a scheduled concert.(