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15-30192 - Doe v. Western New England University et al


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15-30192 - Doe v. Western New England University et al
August 31, 2016
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Magistrate Judge Katherine A. Robertson: REPORT AND RECOMMENDATIONS re 30 MOTION to Dismiss John Doe's Amended Complaint ISSUED. Recommendation: "...For the foregoing reasons, the undersigned recommends that Defendants' Motion to Dismiss (Dkt. No. 30) be allowed as to Counts III (estoppel and reliance), IV (unjust enrichment), V (breach of the common law duty of basic fairness), VI (negligence), VII (IIED), VIII (tortious interference with advantageous business relations), IX (violations of the Clery Act and regulations), X (violation of FERPA), and XI (violation of Title IX), be denied as to so much of Count I and Count II as allege a breach of contract and a breach of the covenant of good faith and fair dealing based on the University's retroactive application of the Title IX Policy and failure to adequately notify Plaintiff of the allegations against him, and be denied as to Count XIII (declaratory judgment)." See Report and Recommendations for details. Objections to R&R due by 9/14/2016. (Healy, Bethaney)
January 11, 2017
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Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered Regarding 54 Report and Recommendations Re: Defendants' Motion to Dismiss. "...For the foregoing reasons, upon de novo review, the court hereby ADOPTS the Report and Recommendation (Dkt. No. 54) in its entirety. Defendants' Motion to Dismiss (Dkt. No. 30) is hereby ALLOWED, except as to the portions of Counts I and II identified in the Report and Recommendation and as to Count XIII. This case is hereby referred to Magistrate Judge Robertson for a scheduling conference pursuant to Fed. R.Civ. P. 16." See Memorandum and Order for details. (Attachments: # (1) Report and Recommendation) (Healy, Bethaney)