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16-7915 - Gonzalez v. Madigan et al


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16-7915 - Gonzalez v. Madigan et al
March 14, 2017
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/14/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants the joint defendants' motion to dismiss [dkt. no. 37]. The Court dismisses counts 14, 710, 1316, 23-28, and 3337, in other words, all of plaintiff's federal claims against these defendants. The Court also grants PRB's motion to dismiss [dkt. no. 32] and therefore dismisses counts 19 and 37, the two claims that name the PRB as a defendant. Unless plaintiff files, by March 29, 2017, an amended complaint that contains at least one viable claim over which the Court has jurisdiction, the Court will enter judgment dismissing his federal claims with prejudice and his state claims for lack of federal jurisdiction. The case is set for a status hearing on April 5, 2017. (mk)
June 20, 2017
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 6/20/2017: For the reasons stated, the Court grants the joint defendants' motion to dismiss [dkt. no. 48]. And because it is apparent that Gonzales cannot make allegations plausibly supporting a contention that one or more of the defendants acted under color of state law, there is no good reason to give him further attempts to amend. The Court directs the Clerk to enter judgment dismissing with prejudice counts 1-4, 7-10, 13-16, 23-28, and 33-37 of the amended complaint and dismissing for lack of subject matter jurisdiction counts 5-6, 11-12, 17-18, 20-22, 29-32, and 38-39 of the amended complaint. Mailed notice. (pjg, )
September 11, 2017
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For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants Gonzales's motion [dkt. no. 53] to alter the judgment. The Court vacates the judgment entered on June 20, 2017 and directs the Clerk to reinstate the case. The Court also grants Gonzales leave to file his proposed second amended complaint asserting a claim under 42 U.S.C. 1985(3). Gonzales's second amended complaint alleges the exact same counts that were in his first amended complaint, plus newly asserted count 40, the section 1985(3) claim. Therefore, for the reasons described in this opinion, the Court dismisses counts 1-2, 4, 7-8, 10, 13-14, 16, 19-22, 24-26, 28, 34, and 36 in plaintiff's second amended complaint. The Court also dismisses count 37 in the second amended complaint as against Hanania only. In addition, the Court dismisses any claim to the extent it is brought against Madigan and Tabares in their official capacities. Finally, the Court declines to strike Gonzales's request for injunctive relief. The ruling date of September 13, 2017 is converted to a status hearing on that date at 9:30 a.m. The Court will set at that time deadlines for making Rule 26(a)(1) disclosures, amending the pleadings and adding parties, and completing fact discovery. Counsel are to be prepared to propose appropriate deadlines. (mk)
March 17, 2018
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/17/2018: For the reasons stated in the accompanying memorandum opinion and order, the Court grants the defendants' motion to dismiss plaintiff's state law claims in part and denies it in part [dkt. no. 71]. The Court dismisses counts 5, 6, 11, 12, 17, 18, 20, 21, 29, 30, 31, and 32 of plaintiff's second amended complaint. The Court denies the defendants' motion to dismiss counts 38 and 39. (mk)