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14-116 - Cintron v. Weissman et al


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14-116 - Cintron v. Weissman et al
August 21, 2015
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REPORT, RECOMMENDATION, AND ORDER: ORDERED that the clerk of the court is respectfully directed to modify the court's records to change defendant Denise Maas' name on the docket to "Denise Reome". ORDERED that plaintiff's motions to amend the amended complaint and for joinder of parties (Dkt. Nos. 73, 74, 82, 84) are GRANTED in part and DENIED in part as follows: (1) Plaintiff's request to amend the amended complaint (Dkt. No. 74) is GRANTED. The clerk of the court is respectfully directed to file the proposed pleading (Dkt. No. 74), along with plaintiff's proposed additional amendments (Dkt. No. 82-2; Dkt. No. 84 at 2-3), as the second amended complaint; (2) Plaintiff's request to join Dr. Ira Weissman as a defendant in place of Evelyn Weissman is GRANTED. The clerk of the court is directed to add Dr. Ira Weissman as a defendant and terminate Evelyn Weissman as a defendant from the action in light of the fact she is not named as a defendant in the second amended complaint. (3) Plaintiff's request to join Amber A. Lashway as a defendant in the action is DENIED. RECOMMENDED that the parties' motions seeking the entry of summary judgment (Dkt. Nos. 49, 70) be DENIED, without prejudice, as moot. RECOMMENDED that the parties be given thirty days from any decision adopting my recommendation to submit a renewed motion for summary judgment. (Objections to R&R due by 9/8/2015, Case Review Deadline 9/11/2015). Signed by Magistrate Judge David E. Peebles on 8/21/15. {r&r served via regular mail on plaintiff}(nas) Modified typo on 8/24/2015 (sal).
September 23, 2015
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DECISION AND ORDER: ORDERED:the Court AFFIRMS Magistrate Judge Peebles' decision to allow plaintiff to file a Second Amended Complaint; and ACCEPTS AND ADOPTS the recommendations contained in Magistrate Judge Peebles' August 21, 2015 Report, Recommendation, and Order (Dkt. No. 88). Accordingly, the parties' motions for summary judgment (Dkt. Nos. 49, 70) are DENIED, without prejudice, as moot. The parties are given leave of thirty (30) days from the date of this Decision and Order to submit renewed motions for summary judgment. Signed by Senior Judge Thomas J. McAvoy on 9/23/15. {order served via regular mail on plaintiff} (nas)
June 29, 2016
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REPORT AND RECOMMENDATION: RECOMMENDED that plaintiff's motion for summary judgment in this action (Dkt. No. 93) be DENIED, that defendants' cross-motion for summary judgment dismissing plaintiff's second amended complaint (Dkt. No. 98) be GRANTED, and that plaintiff's second amended complaint be DISMISSED. Objections to R&R due by 7/18/2016 Case Review Deadline 7/20/2016. Signed by Magistrate Judge David E. Peebles on 6/29/16. {r&r served via certified and regular mail on plaintiff}(nas)
July 28, 2016
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DECISION AND ORDER: ORDERED that the Report-Recommendation of Magistrate Judge Peebles, dkt. # 114, is hereby ADOPTED; Plaintiff's motion for summary judgment, dkt. # 93, is hereby DENIED; Defendants' cross-motion for summary judgment, dkt. # 98, is hereby GRANTED. Plaintiff's Second Amended Complaint is hereby DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 7/28/16. {order served via regular mail on plaintiff}(nas)