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17-1045 - Krause v. Kelehan et al


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17-1045 - Krause v. Kelehan et al
April 26, 2018
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ORDER granting 22 Motion to Amend/Correct; granting in part and denying in part 43 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 16 Motion for Judgment on the Pleadings. ORDERED, that the Clerk of the Court amend the caption of this case to change the spelling of Kelehan to Kelahan; and it is further ORDERED, that Plaintiffs Amendment Motion (Dkt. No. 22) is GRANTED; and it is further ORDERED, that Plaintiff file the Proposed Amended Complaint (Dkt. No. 22-2) within fourteen days of the filing of this Memorandum-Decision and Order. The claims dismissed by this Memorandum-Decision and Order shall remain dismissed; and it is further ORDERED, that the Municipal Defendants Motion (Dkt. No. 16) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Plaintiffs retaliation claims under Title VII and the HRL, her § 1983 equal protection and First Amendment claims, and her defamation, intentional infliction of emotional distress, tortious interference, and prima facie tort claims; and it is further ORDERED, that the Individual Defendants Motion (Dkt. No. 43) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Plaintiffs Title VII claims, her HRL retaliation claims, her HRL hostile work environment and discrimination claims raised against Mike Davis, her § 1983 equal protection claims against every individual defendant other than Greg Kelahan, her § 1983 First Amendment claims against all Individual Defendants, and her defamation, intentional infliction of emotional distress, tortious interference, and prima facie tort claims against all Individual Defendants; and it is further ORDERED, that Plaintiffs claims against defendant Shirley Burtch are DISMISSED without prejudice for failure of service.IT IS SO ORDERED. Signed by Senior Judge Lawrence E. Kahn on 4/26/2018. (khr)