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17-10119 - Lu et al v. Samra et al

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17-10119 - Lu et al v. Samra et al
January 3, 2018
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Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER ALLOWING IN PART and DENYING IN PART Plaintiff's 42 Motion to File Footnote, 43 Notice of a Fifth Circuit Case and 45 Motion to Be Heard on Fifth Circuit Decision; GRANTING Tufts' 30 Motion to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 9(b), and 41(b); GRANTING IN PART BU Defendants' 39 Motion to Dismiss the Complaint. Count 1 of the 1 Complaint is DISMISSED, and is otherwise taken under advisement. Plaintiff may file a memorandum, limited to five pages, addressing the court's subject matter jurisdiction over the remaining state law claims, by no later than January 17, 2018. The BU Defendants may file any response, limited to five pages, by no later than January 31, 2018.(DaSilva, Carolina)