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09-977 - FENNER v. JOHN UMSTEAD HOSPITAL et al


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09-977 - FENNER v. JOHN UMSTEAD HOSPITAL et al
February 19, 2013
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/19/2013 as set out herein. RECOMMENDED that Defendants John Umstead Hospital and Susan Regier's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(2) (Docket Entry 7) be granted in part and denied in part in that the Court should dismiss Plaintiff's Title VII claim(s) against Susan Regier, but that the Court should afford Plaintiff an opportunity to perfect service of process on John Umstead Hospital and should consider as moot Defendants' arguments regarding Plaintiff's Right-to-Sue Letter in light of Plaintiffs' subsequent filing of said Letter (Docket Entry 12-2), which the Clerk should docket as an attachment to the Complaint (Docket Entry 2).(Taylor, Abby)
January 23, 2014
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MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 1/23/2014; that JUH's motion to dismiss for insufficient service of process (Doc. 35) is GRANTED and the complaint against JUH, and this action, is DISMISSED WITH PREJUDICE. (Sheets, Jamie)