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16-1709 - Oquendo v. Corrections et al

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16-1709 - Oquendo v. Corrections et al
February 27, 2018
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ORDER. For the reasons stated in the attached, the 33 Motion to Dismiss is GRANTED in part and DENIED in part. Any claims Oquendo brought in her individual capacity, any claims against the DOC or against the individual defendants in their official capacities, any Monell claims, any claims of negligence as a basis for wrongful death, and any claims of mere negligence as a basis for liability under Section 1983 for Eighth or Fourteenth Amendment violations are DISMISSED. Oquendo's claims as administratrix of Rivera's estate will proceed on the remaining theories of liability against the defendants in their individual capacities. The discovery deadline in this case is June 1, 2018. Dispositive motions are due on or before July 1, 2018. The Joint Trial Memorandum is due August 1, 2018 or 30 days from the Court's ruling on dispositive motions if any are filed. Signed by Judge Michael P. Shea on 2/27/2018. (Mac Dougall, S.)