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17-286 - Harris v. Gunter (JOINT ASSIGN)(MAG+)


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17-286 - Harris v. Gunter (JOINT ASSIGN)(MAG+)
March 21, 2018
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MEMORANDUM OPINION AND ORDER: Accordingly, it is ORDERED: 1. Plaintiff's objections (Doc. # 30) are OVERRULED. 2. Defendant Andy Gunter's objections (Doc. # 31; Doc. # 34) are OVERRULED.3. The Recommendation (Doc. # 29) is ADOPTED as to the conclusions that Counts I and VI against Defendant Gunter shall be dismissed without prejudice and that Counts II, III, IV, and V against Defendant Gunter should be dismissed with prejudice. 4. The Recommendation is MOOT as to its conclusions pertaining to claims against former Defendant Food Giant. 5. Defendant Andy Gunters motion to dismiss (Doc. # 16) is GRANTED as to Counts II, III, IV, and V of the Second Amended Complaint, and those counts are DISMISSED with prejudices as to Defendant Gunter. 6. Defendant Andy Gunter's motion to dismiss (Doc. # 16) is DENIED as to Counts I and VI of the Second Amended Complaint, and those counts are dismissed without prejudice as to Defendant Gunter. 7. This case is REFERRED back to the Magistrate Judge for a ruling on Plaintiff's motion to amend and for further proceedings on Plaintiff's 1983 and state-law malicious prosecution claim against Defendant Gunter. Signed by Chief Judge William Keith Watkins on 3/21/2018. (kh, )