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16-2353 - Cunningham v. Birch

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16-2353 - Cunningham v. Birch
February 17, 2017
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MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 2/17/17, GRANTING 24 Defendant's Motion to Dismiss, DENYING without prejudice 19 Plaintiff's Motion for Certification of Class, DENYING without prejudice 61Motion for Leave to Intervene, and DENYING as MOOT 62 Defendant's Motion to Continue Hearing on Class Certification. This case is DISMISSED without prejudice due to lack of subject matter jurisdiction; and each party will bear its own costs and fees associated with this action. (nmarb, )