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16-30141 - Hagenah v. Berkshire County ARC, Inc. , et al


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16-30141 - Hagenah v. Berkshire County ARC, Inc. , et al
February 15, 2018
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Magistrate Judge Katherine A. Robertson: MEMORANDUM OF DECISION AND ORDER entered. For the reasons stated, Plaintiff's Motion for Leave to File a Second Amended Complaint - (Dkt. No. 44) is DENIED. On February 28, 2018, Defendants' should either renew their Motion to Dismiss for Failure to State a Claim (Dkt. No. 23), which the Court found was moot in light of Plaintiff's Motion to file an Amended Complaint, or file a new Motion to Dismiss, or notify the Court that they will not move to dismiss. (Finn, Mary)
April 16, 2018
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Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM OF DECISION AND ORDER Regarding Defendants' 55 Partial Motion to Dismiss Plaintiff's Amended Complaint and Motion to Strike. For the stated reasons, Defendants' motion to dismiss (Dkt. No. 55) is ALLOWED as to so much of Count V as alleges misrepresentation regarding Contract # 2 and as to so much of Count VI as alleges individual liability on the part of the individual Defendants. The motion is DENIED as to so much of Count VI as alleges misrepresentation regarding Contract # 1 and as to Count VII. Defendants' motion to strike so much of Count I as alleges a violation of Title III of the ADA is ALLOWED and that portion of Count I is dismissed with prejudice. See attached Memo & Order for complete details. (Calderon, Melissa)