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17-223 - Williams v. Brooks et al


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17-223 - Williams v. Brooks et al
April 5, 2018
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VACATED - MEMORANDUM DECISION AND ORDER - 1. Plaintiffs Motion for Reconsideration of the Initial Review Order (Dkt. 17) is GRANTED IN PART to the extent that the Court has reviewed and reconsidered the Complaint and the Initial Review Order as set forth above. The Motion is denied in all other respects. 2. Plaintiffs Request to Withdraw Temporary Restraining Order and/or Preliminary Injunction (Dkt. 19) is GRANTED. 3. Plaintiffs Motion for an Emergency Temporary Restraining Order (Dkt. 18) is DENIED AS MOOT. 4. Plaintiffs Motion to Stay Pleadings (Dkt. 22) is DENIED. 5. Plaintiffs Motion for Appointment of Counsel (Dkt. 27) is DENIED. 6. The Court will issue a decision on the remaining pending motions at a later date, after those motions are ripe. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) Modified on 5/3/2018 to reflect Vacated pursuant to Order Dkt. 45 (cjs).
May 3, 2018
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ORDER VACATING Dkt. 35 and AMENDED MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Request for Clarification (Dkt. 42) is GRANTED IN PART. The Court misspoke when it stated that the Initial Review Order concluded that the Complaint dof Electronic Filing (NEF) by (cjs)id not state plausible retaliation claims. The Court has reviewed that Order and its previous Memorandum Decision and Order (Dkt. 35), and has determined that the Complaint does, indeed, state such claims. Therefore, the Courts 4/5/2018 Memorandum Decision and Order (Dkt. 35) is VACATED, and the Court hereby issues the following Amended Memorandum Decision and Order. To the extent the Request for Clarification seeks permission to file an interlocutory appeal or seeks any other relief, the Request is DENIED. 2. Plaintiffs Motion for Reconsideration of the Initial Review Order (Dkt. 17) is GRANTED IN PART to the extent that the Court has reviewed and reconsidered the Complaint and the Initial Review Order as set forth below. The Motion is denied in all other respects. 3. Plaintiffs Request to Withdraw Temporary Restraining Order and/or Preliminary Injunction (Dkt. 19) is GRANTED. 4. Plaintiffs Motion for an Emergency Temporary Restraining Order (Dkt. 18) is DENIED AS MOOT. 5. Plaintiffs Motion to Stay Pleadings (Dkt. 22) is DENIED. 6. Plaintiffs Motion for Appointment of Counsel (Dkt. 27) is DENIED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice