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06-1317 - The Yadin Company, Inc. v. Peoria, City of et al


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06-1317 - The Yadin Company, Inc. v. Peoria, City of et al
June 6, 2006
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ORDER granting 5 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; dft shall have until 5/31/06 to respond to the complaint. Signed by Judge Paul G Rosenblatt on 6/1/06. (SBU)
January 9, 2007
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ORDER granting in part 6 Motion to Dismiss Case solely to the extent that the portion of Count two of the complaint alleging a First Amendment retaliation claim pursuant to 42 U.S.C. Section 1983 is dismissed pursuant to Fed.R.Civ.P. 12(b)(6) with leave to file an amended complaint. The Court defers ruling on that portion of the motion to dismiss directed at the state law claims. IT IS FURTHER ORDERED that plaintiff, the Yadin Company, Inc. shall no later than 02/05/07 file either an amended complaint properly stating a federal claim or a notice stating that it will not file an amended complaint. Signed by Judge Paul G Rosenblatt on 01/08/07.(DNH, )
February 21, 2007
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ORDER that defendant City of Peoria's 6 MOTION to Dismiss Case is reinstated to the extent that it pertains to the state law claims in the Amended Complaint. IT IS FURTHER ORDERED that dft City of Peoria's Motion to dismiss 6 is granted as to the state law claims in the 14 AMENDED COMPLAINT solely to the extent that Count Three of the Amended Complaint is dismissed pursuant to Fed.R.Civ.P. 12(b)(6) and the motion is denied as to the remainder of the state claims. IT IS FURTHER ORDERED that the parties' 16 STIPULATION to extend time to Respond to Plaintiff's 14 Amended Complaint is accepted to the extent that the defendants shall respond to the Amended Complaint no later than 03/19/07. City of Peoria answer due 3/19/2007. Signed by Judge Paul G Rosenblatt on 02/21/07. (DNH)
March 25, 2008
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ORDER OF PARTIAL DISMISSAL AND REMAND granting 22 Motion to Dismiss Amended Complaint, solely to the extent that the federal constitutional claim alleged in Count Two of the Amended Complaint is dismissed without leave to amend FURTHER ORDERED that the remaining portion of this action, consisting of Count One of the Amended Complaint (the state law declaratory action claim) and the state constitutional claim portion of Count Two of the Amended Complaint, is remanded to the Maricopa County Superior Court FURTHER ORDERED that the Clerk of the Court shall enter judgment pursuant to Fed.R.Civ.P. 54(b) in favor of the defendants as to the federal constitutional claim alleged in Count Two of the Amended Complaint, and as to Count Three of the Amended Complaint. Signed by Judge Paul G Rosenblatt on 3/25/08. (Attachments: #(1) Letter of Remand)(MAP)