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16-8128 - Malnes v. United States Department of Education et al

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Adrian P Martin, Defendant
Natasha Gonzales Rojas, Defendant
United States Department of Education, Defendant
Brian Edward Malnes, Plaintiff
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16-8128 - Malnes v. United States Department of Education et al
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December 20, 2016
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ORDER: IT IS ORDERED granting in part and denying in part 39 Plaintiff's Motion to Allow Time for Discovery under Rule 56(d). Plaintiff may conduct discovery prior to the Court's resolution of Defendants' Motion to Dismiss with respect to Defendants' sovereign discretionary immunity argument. IT IS FURTHER ORDERED setting oral argument on the balance of Defendants' Motion to Dismiss (Doc. 26), on January 24, 2017, at 2:00 p.m., before District Judge John J. Tuchi in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003. (See attached Order for complete details). Signed by Judge John J Tuchi on 12/20/16.(JAMA) Modified on 12/20/2016 to add WO-Written Opinion as to Order(JAMA).
June 30, 2017
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ORDER: IT IS THEREFORE ORDERED granting Defendants' Motion to Dismiss 47 and dismissing Plaintiff's claims against Defendants with prejudice;denying Plaintiff's Motion to Strike 49; denying Plaintiff's Motion for Sanctions 50; denying Plaintiff's Motion for Extension of Time to Complete Discovery 51; granting Defendants' Motion to Strike 57 and striking Plaintiff's Second Amended Complaint 55. IT IS FURTHER ORDERED that, because all of Plaintiff's claims against Defendants are dismissed with prejudice, the Clerk shall enter final judgment and close this matter. Signed by Judge John J Tuchi on 6/30/2017. (REK)