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17-084 - Theisen et al v. Butler


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17-084 - Theisen et al v. Butler
February 20, 2018
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MEMORANDUM AND ORDER re:8 MOTION to Dismiss Case filed by Defendant W Rance Butler. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) 8 is DENIED. Plaintiffs' complaint shall proceed on their allegation that Defendant Butler was negligent by failing to conduct a proper examination of witnesses at Plaintiffs' commitment hearing. IT IS FURTHER ORDERED that all other allegations of Defendant Butler's negligence are stricken. A Rule 16 Scheduling Conference will be set by separate order. Signed by District Judge John A. Ross on 2/20/18. (CSG)