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17-222 - Williams et al v. Kentucky Association of Counties Insurance Agency, Inc. et al


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17-222 - Williams et al v. Kentucky Association of Counties Insurance Agency, Inc. et al
June 28, 2018
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OPINION & ORDER: 1. The Court ADOPTS Magistrate Judge Atkins's Report and Recommendation (DE 12) in part (consistent with the above rulings, only to the extent it recommends dismissing Defendant KACo), and otherwise REJECTS DE 12; 2. The Court GRANTS Defendants' Motion to Dismiss (DE 5) in part (consistent with the above rulings, only to the extent it seeks KACo dismissal), and otherwise DENIES DE 5; 3. The Court DISMISSES all claims against Defendant KACo WITH PREJUDICE; 4. The Court GRANTS in part and DENIES in part Plaintiffs' Motion for leave to Amend (DE 15): a. The Court DENIES leave to add LCDC as a party Defendant; b. The Court GRANTS leave to amend the claims against Defendant Clark and the Unknown Corrections Officers; 5. Plaintiffs SHALL file an amended complaint consistent with the rulings set forth herein within 14 days; that filing shall simply remove LCDC from the tendered Amended Complaint and otherwise effect no substantive changes; and 6. Plaintiffs SHALL SHOW CAUSE why the Court should not dismiss all amended claims against the Unknown Corrections Officers pursuant to Rule 4(m) within 30 days; failure to show cause will result in dismissal, without prejudice, of claims against the Unknown Corrections Officers. Signed by Judge Robert E. Wier on 6/28/2018.(RBB)cc: COR