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15-2361 - Local 109 Board of Trustees of the Operative Plasterers and Cement Masons Pension Fund v. All American Acoustic and Drywall, Inc.


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15-2361 - Local 109 Board of Trustees of the Operative Plasterers and Cement Masons Pension Fund v. All American Acoustic and Drywall, Inc.
September 22, 2016
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a dismissal order, plaintiff will be afforded fourteen (14) days from the date of this order to file an amended complaint. Judge Sara Lioi on 9/22/2016. (S,He)Memorandum Opinion and Order: For the reasons set forth herein, each party's motion for judgment on the pleadings under Rule 12(c) is denied without prejudice. (Doc. No. 12 part 2; Doc. No. 17 part 1.) Plaintiff's motion for fees and costs is premature and is, therefore, also denied without prejudice. (Doc. No. 17 part 2.) Further, defendant's Rule 12(b) motion to dismiss for failure to state a claim (Doc. No. 12 part 1) is granted; however, before the Court enters
July 20, 2017
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Memorandum Opinion and Order: Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 41(b) is denied. (Doc. No. 25.) The Court will issue an amended case management plan by separate order, which will include a revised date by which plaintiff must file the administrative record. Plaintiff is advised that the administrative record must be separately (and timely) filed; plaintiff may not simply refer to previously filed documents to satisfy this obligation. Failure of plaintiff to (Doc. No. 27.) Judge Sara Lioi on 7/20/2017. (P,J)comply with Court orders or to meet case deadlines may result in sanctions, up to and including dismissal. Given that the Court will established new case management deadlines, plaintiff's motion for a second case management conference is denied.