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14-2445 - Theodosakis et al v. Clegg et al


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14-2445 - Theodosakis et al v. Clegg et al
March 31, 2016
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ORDERED Magistrate Judge Pyle's 49 and 50 Report and Recommendations are accepted and adopted. The 40 Motion to Set Aside Entry of Default is GRANTED. The 29 Motion to Dismiss is DENIED. Within 14 days of the filing of this Order, the parties shall submit a joint proposed scheduling order addressing discovery and filings regarding the statute of limitations issue. Signed by Judge James A Soto on 3/31/2016. (KEP)
January 30, 2017
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court grant 55 MOTION to Dismiss Case filed by Defendants United States and Dr. Dominic J Reda; and deny Plaintiffs' 75 MOTION for Leave to Amend. Any party may serve and file written objections within 14 DAYS after being served with a copy of this Report and Recommendation. A party may respond to another partys objections within 14 DAYS after being served with a copy. Signed by Magistrate Judge Bernardo P Velasco on 1/30/2017. (BAR)
January 30, 2017
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REPORT AND RECOMMENDATION: the Magistrate Judge recommends that the District Court grant in part the Utah Defendant's 60 MOTION to Dismiss to the extent that (1) Count I, defamation as to Plaintiff Supplement Testing Institute, Inc., only; Count II, commercial disparagement; Count III, tortious interference with business expectancy; and Count V, violation of Arizonas Consumer Fraud Act, should be dismissed with prejudice. (2) Count IV, false advertising and unfair competition under the Lanham Act, should be dismissed without prejudice with leave to file and serve a Second Amended Complaint. The Magistrate Judge further recommends that the District Court grant in part Plaintiffs' 75 MOTION for Leave to Amend to the extent that Plaintiffs may file and serve a Second Amended Complaint consistent with this Report and Recommendation. Any party may serve and file written objections within 14 DAYS after being served with a copy of this Report and Recommendation. A party may respond to another partys objections within 14 DAYS after being served with a copy. Signed by Magistrate Judge Bernardo P Velasco on 1/30/2017. (BAR)
March 31, 2017
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*ORDER accepting and adopting Magistrate Judge Velasco's Reports and Recommendations (Docs. 106 and 107). The Motion to Dismiss by Defendants United States and Dr. Reda (Doc. 55) is GRANTED; the Plaintiffs' Motion for Leave to Amend (Doc. 75) is DENIED only to the extent that it seeks leave to file a Second Amended Complaint with respect to Dr. Reda; the Utah Defendants' Motion to Dismiss (Doc. 60) is GRANTED IN PART as detailed in the Report and Recommendation but DENIED on all other grounds; Plaintiffs' Motion for Leave to Amend is GRANTED in all other parts. Signed by Judge James A Soto on 3/31/2017. (DPS) *Modified filed date from 4/3/17 to 3/31/17; NEF regenerated on 4/3/2017 (SCH).