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17-2253 - Massey v. Churchview Supportive Living et al


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17-2253 - Massey v. Churchview Supportive Living et al
October 12, 2017
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 10/12/2017. The Court grants the Defendants' Motions to dismiss. Counts V through X of the Plaintiff's Complaint are dismissed without prejudice. [Dkt. Nos. 17, 23, 24. The Court further grants Massey's request, located in her responsive pleadings, for Leave to File an Amended Complaint within 14 days of this order. [Dkt. Nos. 28, 29. Any Amended Complaint shall be filed on or before 10/26/17. Failure to file an Amended Complaint by that date may result in the dismissal of the case for want of prosecution. Furthermore, the Court grants Defendant Gardant's motion to dismiss Counts III and IV of Plaintiff's Complaint. Barring the filing of an Amended complaint, the only remaining counts are the Rehabilitation Act and ADA claims (Counts I and II) against Churchview. [Dkt. No. 23.Mailed notice(lk, )
February 21, 2018
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 2/21/2018. The Court denies Defendants' Motion to Dismiss Counts I and III of Plaintiff's Amended Complaint, and grants Defendant Gardant's Motion to Dismiss Count IV of the Amended Complaint with prejudice. Therefore, Counts I and II against Defendant Churchview and Count III against Defendant Gardant remain. (Dkt. Nos. 38, 39.) Status hearing set for 2/28/2018 at 9:00 AM stands. Mailed notice(lk, )