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15-3430 - Krutsik et al v. Frontier Airlines

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15-3430 - Krutsik et al v. Frontier Airlines
May 19, 2017
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ORDER: For the reasons stated below, Defendant's motion to dismiss and sever 24 is granted. All claims for non-economic damages are dismissed with prejudice. Claims brought by the Adler Plaintiffs (who were joined after the Tarkov Plaintiffs) are severed pursuant to Fed. R. Civ. P. 21; if they wish to pursue their claims further, the Adler Plaintiffs are required to refile their claims in a new complaint and as a separate case; they will also be required to pay a separate filing fee. Further, the Adler Plaintiffs are directed when filing the new case to indicate on the Civil Cover Sheet (Section X) that their case is a refiling of case number 15-cv-3430 previously dismissed by Judge Tharp; the Clerk of the Court is directed to assign this new case directly to Judge Tharp's docket. The Tarkov Plaintiffs will be required to file a fifth amended complaint that omits allegations relevant only to the Adler claims. Neither revised complaint should be prepared or filed, however, until after a status hearing to be held on May 23, 2017 at 9:00 a.m. Defendant's motion for leave to supplement its motion to dismiss instanter 47 is denied without prejudice as moot in light of this ruling. Signed by the Honorable John J. Tharp, Jr on 5/19/2017. Mailed notice(air, )