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16-2044 - LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al


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16-2044 - LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al
July 28, 2017
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ENTRY ON MOTION TO DISMISS AND OTHER PENDING MOTIONS - The Court GRANTS in part and DENIES in part Defendants' Motion to Dismiss (Filing No. 15). Leser's claims are ripe for review and dismissal for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) is not warranted. A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). The Court grants dismissal of Leser's claim that Defendant's violated her Garrity rights. All other claims have survived the initial hurdle of a motion to dismiss. In addition, the Court DENIES Leser's Motion for Leave to File Surreply (Filing No. 42), and DENIES Leser's Motion for Attorney's Fees (Filing No. 43). See Entry for details. Signed by Judge Tanya Walton Pratt on 7/28/2017. (MAT)
June 4, 2018
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y the Clerk with a date of December 28, 2017. Signed by Magistrate Judge Doris L. Pryor on 6/4/2018. (CBU)ORDER granting in part and denying in part 66 Motion to Amend Complaint. The Plaintiff shall file her First Amended Complaint pursuant to the instructions laid out herein, within three days of this Order, and said Complaint will be file-stamped b
August 8, 2018
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ORDER-The Court overrules in part and sustains in part Defendants' objections to the Magistrate Judge's decision 109. Under Rule 72(a), the Court MODIFIES the Magistrate Judge's Order on Plaintiff's Motion to Amend Complaint, as to Dabney only. Leser's Motion for Leave to File Amended Complaint 66 is GRANTED as to adding Defendants Dr. Ferebee, Dr. Legrand, Hester, and Boler and it is DENIED as to Dabney, and she is dismissed from the lawsuit with prejudice. The Clerk is directed to terminate Dabney as a defendant. The order grants 110 Motion for Extension of Time to File a responsive pleading within fourteen (14) days from the date of this Order. Signed by Judge Tanya Walton Pratt on 8/8/2018. (CBU)