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17-075 - Lath v. Manchester, NH, City of


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17-075 - Lath v. Manchester, NH, City of
May 9, 2017
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REPORT AND RECOMMENDATION re 4 Second Amended Complaint and 5 Motion for Writs of Attachment, recommending that the district judge dismiss the second amended complaint without prejudice, and deny the motion for writs of attachment without prejudice. Follow up on Objections to R&R on 5/23/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
June 1, 2017
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ORDER approving 8 Report and Recommendation, recommending that the district judge dismiss the second amended complaint without prejudice, and deny the motion for writs of attachment without prejudice. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
October 4, 2017
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///REPORT AND RECOMMENDATION re 16 Motion for Leave to File Amended Complaint to add Defendants, Oak Brook Condominium Owners' Association, Gail Labuda thru Cheryl Greenough, the executrix of the estate of Labuda, Cynthis Schadler Camp and Michael camp and claims against these defendants for wiretapping, invasion of privacy and violations of 42 USC 1985 (2) and (3) by Oak Brook, its board members, past and present and its employees and agents, past and present, recommending it be granted as to Count 5 and the portion of Count 6 that pertains to the November 30, 2015, incident, and should be denied as to Counts 4, 7, 8, and 9, and the portion of Count 6 that pertains to the November 22, 2015, incident. Follow up on Objections to R&R on 10/18/2017. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
November 7, 2017
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///ORDER approving 30 Report and Recommendation; granting in part and denying in part 16 Motion for Leave to File Amended Complaint. So Ordered by Chief Judge Joseph N. Laplante.(cmp)
May 15, 2018
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///ORDER granting in part and denying in part 48 Motion to Dismiss, as outlined.GRANTED as to Count 1. As this was the only federal claim in this case, the court declines supplemental jurisdiction over Laths pendent state-law claims. The court accordingly dismisses Laths remaining claims against the City without prejudice. The court does not dismiss Laths state-law claims against Cynthia and Michael Camp, however, because Laths First Amended Complaint, when taken at face value, appears to establish diversity jurisdiction over those claims. Instead, the court directs Lath to show cause, in the manner set forth above, that the amount in controversy between he and the Camps actually exceeds $75,000. So Ordered by Chief Judge Joseph N. Laplante.(cmp)