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16-7548 - Kurtis M. Bailey v. Bernzomatic et al


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16-7548 - Kurtis M. Bailey v. Bernzomatic et al
September 6, 2016
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ORDER/WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 9/6/2016: For the reasons stated below, this case is dismissed without prejudice for lack of subject matter jurisdiction. [see STATEMENT-OPINION] Mailed notice (kms)
September 21, 2016
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ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 9/21/2016: For the reasons set forth below, the judgment 53 is vacated. The order 52 dismissing this case for lack of subject matter jurisdiction is vacated in part. Worthington Cylinder Corporation and Worthington Industries, Inc. are reinstated as defendants. Bernzomatic is terminated on the docket of this case as it does not appear to be an entity and thus was never an actual defendant. The dismissal order remains effective as to all other defendants. On or before October 7, 2016, plaintiff shall file an amended complaint against only Worthington Cylinder Corporation and Worthington Industries, Inc. If plaintiff wishes to add any additional defendants, such as Worthington Cylinders Wisconsin, LLC, he must file a motion, on or before October 28, 2016, seeking leave to so amend the complaint. Signed by the Honorable Philip G. Reinhard on 9/21/2016. [see Statement-Opinion] Mailed notice (kms)
January 11, 2017
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ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 1/11/2017: For the reasons stated below, defendants' motion 63 to strike and dismiss is granted in part and denied in part. Counts I and IV are dismissed. Count III is stricken. The motion to dismiss is denied as to Count II. The prayer for attorneys' fees is stricken. Otherwise, the motion to strike is denied. [see STATEMENT-OPINION] Signed by the Honorable Philip G. Reinhard on 1/11/2017. Mailed notice (kms)