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15-8070 - Gatling v. United States of America et al


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15-8070 - Gatling v. United States of America et al
January 13, 2016
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ORDER granting in part and denying in part 12 Motion to Dismiss. Plaintiff Ruby Gatling's claims 2, 3, 4, 5, and 6 as alleged against the United States shall be dismissed with prejudice. Plaintiff's claim 1 for negligence shall not be dismissed as alleged against the United States. Rule 16 Preliminary Pretrial Conference is set for 2/29/2016 at 2:30 pm. See order for details. Signed by Senior Judge Stephen M McNamee on 1/12/2016.(LMR)
July 5, 2016
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ORDER: Defendant United States of America's Notice of Substitution 18 and 44 is granted. The Individual Defendants: April Ashley, Eric Williams, Delores Greyeyes, and Carlos Yazzie are dismissed. Defendant United States of America's Motion to Dismiss First Amended Complaint 45 is granted. Plaintiff Ruby Gatling's claims of (1) assault against Defendants Ashley and Williams; (2) battery against Defendants Ashley and Williams; (3) false imprisonment against Defendant Greyeyes; (4) negligent supervision arising out of the assault and battery allegedly committed by Defendants Ashley and Williams; and (4) negligent supervision arising out of the false imprisonment allegedly committed by Defendant Greyeyes are dismissed with prejudice. Defendant United States of America's Motion Motion to Strike Answer 46 is granted. The Clerk is directed to strike the Answer filed by April Ashley, Eric Williams, and Delores Greyeyes 42. Plaintiff's Motion for Additional Time to File a Response to Motion to Dismiss 48 is denied as moot. See order for additional details. Signed by Senior Judge Stephen M McNamee on 7/1/2016.(LMR)
July 5, 2016
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ORDER denying Navajo Nation's 47 Motion for Leave to Intervene as Defendant. Signed by Senior Judge Stephen M McNamee on 7/5/2016.(LMR)