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16-831 - Kidney v. Webster et al


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16-831 - Kidney v. Webster et al
February 27, 2017
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MEMORANDUM-DECISION AND ORDERED, that Kidneys Motion to Remand (Dkt. No. 21) is DENIED; and it is further ORDERED, that Defendants Motion to Dismiss (Dkt. No. 5) is GRANTED on the grounds that the Court lacks personal jurisdiction over the individual defendants and that Kidneys allegations fail to state a plausible claim for relief; and it is further ORDERED, that Kidneys Complaint (Dkt. No. 2) is DISMISSED with leave to amend; and it is further ORDERED, that the Clerk of the Court terminate Greg Foran, Doug McMillon, David Stills, and the Vestal Wal-Mart Supercenter as defendants in this case; and it is further ORDERED, that if Kidney wishes to proceed with this action, he must file an amended complaint as set forth above within thirty (30) days of the filing date of this Memorandum-Decision and Order; and it is further ORDERED, that if Kidney does not move to amend his Complaint within the time provided, the Clerk of the Court shall enter judgment in favor of John Webster, Bill Shiohira, and Melissa Fahey, and terminate them as defendants, with prejudice, without further order of the Court. Signed by Senior Judge Lawrence E. Kahn on February 27, 2017. (Copy served via regular mail)(sas)