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16-350 - Begley v. County of Kauai, Kauai Police Department


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16-350 - Begley v. County of Kauai, Kauai Police Department
January 4, 2018
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT re: 109. Excerpt of conclusion: "Defendant Roy Asher's Motion to Dismiss Plaintiff's First Amended Complaint Filed May 5, 2017, filed May 23, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. As to Count II, the Motion is GRANTED insofar as the portion of Count II based on the 8/5/11 Incident is dismissed WITH PREJUDICE. The Motion is DENIED as to the portion of Count II based on the 5/24/12 ARB Postponement Letter. As to Count IV, the Motion is GRANTED insofar as it seeks dismissal of Count IV, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. Plaintiff has until February 15, 2018 to file a second amended complaint in accordance with this Order. The Court CAUTIONS Plaintiff that, if he fails to file his second amended complaint by February 15, 2018, the claims dismissed without prejudice in this Order will be dismissed with prejudice...."Signed by JUDGE LESLIE E. KOBAYASHI on 1/4/2018. (afc) WRITTEN ORDER follows hearing held 9/25/2017. Minutes of Hearing: ECF 184. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
January 16, 2018
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT RE 111 Motion to Dismiss for Failure to State a Claim. Signed by JUDGE LESLIE E. KOBAYASHI on 01/16/2016. On the basis of the foregoing, Defendant Michael Contrades's Motion to Dismiss Plaintiff's First Amended Complaint Filed May 5, 2017, filed May 23, 2017, is HEREBY GRANTED IN PART AND DENIED IN PART. As to Count II, the Motion is DENIED. The Motion is GRANTED insofar as it seeks dismissal of Count IV, and DENIED insofar as the dismissal is WITHOUT PREJUDICE. Plaintiff has until February 15, 2018 to file a second amended complaint in accordance with this Order. The Court CAUTIONS Plaintiff that, if he fails to file his second amended complaint by February 15, 2018, the claims dismissed without prejudice in this Order will be dismissed with prejudice. Plaintiff is only granted leave to address the defects in his claims identified in this Order. To the extent Plaintiff wishes to make other changes, he must file a motion pursuant to Fed. R. Civ. P. 15(a)(2). (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).