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17-258 - Gay et al v. Cabinet for Health and Family Services Department for Community Based Services et al


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17-258 - Gay et al v. Cabinet for Health and Family Services Department for Community Based Services et al
February 16, 2018
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MEMORANDUM OPINION & ORDER: 1. Dft's Motion to Dismiss 9 is GRANTED. 2. All Claims against Cabinet for health and Family Services are DISMISSED WITHOUT PREJUDICE. 3. Count I and Count II for equitable relief against Defendants Kidd, Spencer, and Sergent are DISMISSED WITHOUT PREJUDICE. 4. Count I and Count II for money damages against Defendants Kidd, Spencer, and Sergent are DISMISSED WITH PREJUDICE. 5. Counts III, IV, V, VI, and VII against Defendants Kidd, Spencer, and Sergent are DISMISSED WITHOUT PREJUDICE. 6. Plaintiff's Motion to Amend 1316 is DENIED. 7. Defendants Motion to Stay Discovery 12 is DENIED AS MOOT. 8. Clerk shall STRKE THIS MATTER FROM ACTIVE DOCKET. Signed by Judge Joseph M. Hood on 2/16/2018.(GLD)cc: COR
February 16, 2018
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JUDGMENT: IT IS ORDERED, ADJUDGED AND DECLARED as follows: (1) Judgment is entered in favor of Defendants Cabinet for Health and Family Services Department for Community Based Services, Kristy Kidd, Lesley Spencer, and EmilySergent; (2) This matter is hereby DISMISSED and STRICKEN from the Courts active docket; (3) All pending motions or requests for relief are hereby DENIED AS MOOT; (4) All scheduled proceeds CONTINUED GENERALLY; (5) This order is FINAL AND APPEALABLE and there is no just cause for delay. Signed by Judge Joseph M. Hood on 2/16/2018.(GLD)cc: COR