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07-937 - Gene Martin Auto Sales, Inc. v. Davis et al


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07-937 - Gene Martin Auto Sales, Inc. v. Davis et al
October 24, 2007
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MEMORANDUM OPINION AND ORDER as follows: (1) The request contained in the Complaint for a temporary restraining order is DENIED; and (2) To the extent that Plaintiff intends to seek a preliminary injunction as stated in theComplaint, Plaintiff shall, after providing notice to all defendants named in the Complaint of both the existence of the Complaint and its intent to seek preliminary injunctive relief, file a proper motion for preliminary injunction as further set out. Signed by Judge Mark E. Fuller on 10/24/2007. (Attachments: # (1) Civil Appeals Checklist)(cb, )
May 5, 2008
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MEMORANDUM OPINION AND ORDER as follows: (1) Defendant Kevin Davis's 4 Motion to Dismiss is GRANTED in part and DENIED in part as further set out; (2) All claims for monetary damages against Davis in his official capacity are DISMISSED WITH PREJUDICE; (3) All claims against Davis in his official capacity are DISMISSED WITHOUT PREJUDICE for failure to state a claim under the applicable heightened pleading standard; (4) All claims for injunctive relief are DENIEDas MOOT; and (5) The Court will enter a final judgment in this matter and close this file if Plaintiff fails to file an Amended Complaint prior May 19, 2008. Signed by Judge Hon. Chief Judge Mark E. Fuller on 5/5/2008. (Attachments: # (1) Civil Appeal Checklist)(cb, )