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16-855 - Davis v. Edwards et al (JOINT ASSIGN)(MAG2)


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16-855 - Davis v. Edwards et al (JOINT ASSIGN)(MAG2)
September 5, 2017
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REPORT AND RECOMMENDATION of the Magistrate Judge that Defs, Abbett, Edwards, Hough, and McMichael's 41 Motion to Dismiss Plf's Amended Complaint ; Defs, Abbett, Edwards, Hough, and McMichael's 45 Supplemental Motion to Dismiss Plf's Amended Complaint, and Defs Barbour, Hardnett, Fenn, and City of Dadeville's 47 Motion to Dismiss are due to be GRANTED IN PARTand DENIED IN PART as follows: Counts IV, V, VI, and VIII of Plf's Amended Complaint are due to be dismissed as to all Defs. On Count VII, Defs' motion to dismiss as to the Def Edwards is due to be granted, and on the claims of negligence against Hardnett, Fenn, and the City of Dadeville the motion is due to be granted. As to the remaining claims against Hardnett, Fenn, and the City of Dadeville, the undersigned recommends the motion be granted with leave to amend. In all other respects, the undersigned recommends the motions be denied; Objections to R&R due by 9/19/2017. Signed by Honorable Judge David A. Baker on 9/5/17. (djy, )
December 21, 2017
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ORDER ON REPORT AND RECOMMENDATION: the 96 Report and Recommendation is hereby approved, adopted, and made the Order of the Court; The objections of the Petitioner to the Report and Recommendation have been considered and are found to be without merit; Accordingly, for the reasons stated in the Report and Recommendation, Dfts, Abbett, Edwards, Hough, and McMichael's 41 Motion to Dismiss Plf's Amended Complaint, Dfts, Abbett, Edwards, Hough, and McMichael's 45 Supplemental Motion to Dismiss Plf's Amended Complaint, and Dfts' Barbour, Hardnett, Fenn, and City of Dadeville's 47 Motion to Dismiss are hereby GRANTED IN PART and DENIED IN PART as follows: Counts IV, V, VI, and VIII of Plf's Amended Complaint are dismissed as to all Dfts; On Count VII, Dfts' motion to dismiss as to the Dft Edwards is granted, and on the claims of negligence against Hardnett, Fenn, and the City of Dadeville the motion is granted; As to the remaining claims against Hardnett, Fenn, and the City of Dadeville, the motion is granted with leave to amend; In all other respects, the motions are denied. Signed by Honorable Judge Clay D. Land on 12/21/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )
February 21, 2018
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) plf's 89 and 97 MOTIONS for Summary Judgment be DENIED; (2) defs' 129 MOTION for Summary Judgment be DENIED AS MOOT as to counts V and VI and granted as to the remaining courts I, II, III, and VII; and (3) Edwards' 107 MOTION for Summary Judgment be GRANTED as to count II to the extent count II asserts a claim for unlawful arrest, and in all other respects, it is recommended that Edwards' 107 motion for summary judgment be DENIED; Objections to R&R due by 3/7/2018; responses to any objections are due 3/14/2018; no replies shall be filed. Signed by Honorable Judge David A. Baker on 2/21/18. (djy, )
March 29, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION of the Magistrate Judge that plf's 89 & 97 motions for summary judgment be denied; (2) adopting the Magistrate's recommendation that Hardnett and Fenn's 129 motion for summary judgment be granted and (3) rejects the Magistrate Judge's recommendation the Edwards' 107 motion for summary judgment be denied; accordingly, summary judgment is granted in favor of Edwards, Hardnett, and Fenn as to all of plf's claims; granting defendants 107 & 129 motions for summary judgment; directing the clerk to enter final judgment in this action as to all defendants. Signed by Honorable Judge Clay D. Land on 3/29/18. (Attachments: # (1) civil appeals checklist)(djy, )