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05-1548 - Hawthorne v. Principi et al


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05-1548 - Hawthorne v. Principi et al
March 6, 2006
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Memorandum and Order Re: (Related Doc # 12)(Related Doc # 12), (Related Doc # 16)(Related Doc # 24)(Related Doc # 25)that the court grants in part and denies in part Houck's motion to dismiss or for more definite statement and transfer of venue [Docket No. 12]. All claims are dismissed against Houck and Pritchard; Houck and Pritchard are dismissed from this action; and Houck's requests for a more definite statement and for transfer of venue are denied as moot. The Secretary's request for additional time to respond to the request for transfer [Docket No. 16] is also denied as moot. The Government's motions to dismiss [Docket Nos. 24, 25] are granted. The tort claims against Ross, Holderead, Johnson, Swanton and the Government are dismissed for lack of subject matter jurisdiction. The tort claims against the Secretary are dismissed for failure to state a claim. The Title VII claims against Ross, Holderead, Johnson, and Swanton are dismissed for failure to state a claim, and Ross, Holderead, Johnson and Swanton are dismissed from this action. The only remaining claim is Hawthorne's Title VII claim, and it is active against both remaining defendants: the Secretary and the United States of America. The parties are reminded that a case management conference is scheduled, in Chambers 17B, on March 24, 2006, at 11:00 a.m. Signed by Judge Ann Aldrich on 3-6-06.(K, V)