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13-2691 - Dicken,et al. v. Northwest Eye Center, P.A., et al.


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13-2691 - Dicken,et al. v. Northwest Eye Center, P.A., et al.
February 27, 2017
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ORDER: (1) Defendants Northwest Eye Center, P.A., Dr. Christopher J. Borgen, and Dr. Eric M. Tjelle's joint Motion to Dismiss [Dkt. No. 49] is GRANTED for the reasons stated in this Order. (2) Defendant Sanford Health Network's Motion to Dismiss [Dkt. No. 60] is GRANTED for the reasons stated in this Order. (3) Count III of the Amended Complaint is DISMISSED WITH PREJUDICE. (4) Counts I, II, IV, V, VI, and VII of the Amended Complaint are DISMISSED WITHOUT PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on February 27, 2017. (CBC)
May 30, 2017
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ORDER: (1) Plaintiff Robert A. Dicken's motion to vacate and for leave to amend [Dkt. No. 77] is GRANTED IN PART, to the extent Plaintiff Robert A. Dicken requests the Court to vacate the February 28, 2017 Judgment and grant leave to amend. (2) The February 28, 2017 Judgment [Dkt. No. 76] is VACATED. (3) Plaintiff Robert A. Dicken is GRANTED leave to file a Second Amended Complaint within ten days of this Order. The Second Amended Complaint must comply with this Order and be in substantially the same form as the one proposed at Dkt. No. [80-1], together with any incorporated exhibits. (Written Opinion) Signed by Judge Joan N. Ericksen on May 30, 2017. (CBC)