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16-735 - SHROYER BROS., INC. v. NICHOLS et al


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16-735 - SHROYER BROS., INC. v. NICHOLS et al
September 2, 2016
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Magnus-Stinson on 9/2/2016. (GSO)ORDER - Barber Contracting's 30 Motion to Dismiss is DENIED AS MOOT, and the Clerk is DIRECTED TO TERMINATE Barber Contracting as a party in this matter. No partial final judgment shall issue at this time. (See Order.) Signed by Judge Jane
December 28, 2016
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ORDER - The Court: DENIES Shroyer's 51 Application for Judgment by Default; DENIES Shroyer's 58 Motion to Strike Immaterial and Surplus Matter from Defendants' Motion to Dismiss for Failure to State a Claim; DENIES Shroyer's 66 Motion for Leave to Reply to Defendant's Response in Support of Dismissal; DENIES Shroyer's 69 Request for Oral Argument; and GRANTS Defendants' 54 Motion to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Shroyer's ยง 1983 claim is DISMISSED WITH PREJUDICE, and its state law conversion and defamation claims are DISMISSED WITHOUT PREJUDICE. Final judgment shall enter accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/28/2016. (GSO)