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15-14081 - Lu v. Smith et al


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15-14081 - Lu v. Smith et al
September 2, 2016
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court GRANTS Smith and BU's motion under Fed. R. Civ. P. 12(b)(6) as to Count I against BU, as to Count I for the equal protection and substantive due process claims against Smith, and as to Count III against BU and Smith and dismisses those claims. The Court DENIES the motion as to the procedural due process claim asserted in Count I against Smith and as to Count II against both BU and Smith. Lu shall properly serve an amended complaint that eliminates the struck claims onto the Defendants consistent with the requirements of Rule 4 and must do so before September 23, 2016. Accordingly, the Court DENIES the motion pursuant Fed. R. Civ. P. 12(b)(5) without prejudice. For the reasons stated above, Smith and BU's motion to dismiss, D. 12, is GRANTED in part and DENIED in part. Lu's opposition to this motion, crafted as a motion to strike the motion to dismiss, D. 17, is DENIED. (Hourihan, Lisa)