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15-341 - Barrow v. Living Word Church et al


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15-341 - Barrow v. Living Word Church et al
May 3, 2016
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DECISION AND ORDER GRANTING MOTION TO AMEND; REPORT AND RECOMMENDATION THAT MOTION TO DISMISS BE DENIED - Motion of Defendants Living Word Church, Pat Murray, and Jackie Murray (the Moving Defendants) to Dismiss this case under Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction under the ecclesiastical abstention doctrine and under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted (ECF No. 19) is DENIED. Plaintiff's Motion to Amend (ECF No. 26) is GRANTED. Signed by Magistrate Judge Michael R. Merz on 5/3/2016.(kpf)
May 5, 2016
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REPORT AND RECOMMENDATIONS ON CASHLAND DEFENDANTS' MOTION TO DISMISS - It is respectfully recommends the Cashland Defendants' Motion to Dismiss be GRANTED unless Plaintiff files an amended complaint curing the pleading deficiencies not later than May 19, 2016. Objections to R&R due by 5/23/2016. Signed by Magistrate Judge Michael R. Merz on 5/5/2016. (kpf)
May 20, 2016
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ORDER TO THE CLERK TO UNSEAL. Signed by Magistrate Judge Michael R. Merz on 5/20/2016. (srb)
May 20, 2016
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REPORT AND RECOMMENDATIONS ON DEFENDANT ANTOINETTE NARTKER'S MOTION TO DISMISS - It is respectfully recommended that the Motion to Dismiss or for judgment on the pleadings of Defendant Antoinette Nartker (ECF No. 49) be denied. Objections to R&R due by 6/6/2016. Signed by Magistrate Judge Michael R. Merz on 5/20/2016. (kpf)
May 26, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS. - The Court has reviewed the Report and Recommendations ofUnited States Magistrate Judge Michael R. Merz (ECF No. 58), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that the motion of Defendants Cashland Financial Services, Inc.; Cash America International, Inc.; and Jack Daugherty to dismiss pursuant to Fed. R. Civ. P. l2(b)(6) for failure to state a claim against them on which relief can be granted (ECF No. 27) is DENIED.Signed by Judge Walter H. Rice on 5/26/2016. (srb)
July 25, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON LIVING WORD MOTION TO DISMISS; REPORT AN DRECOMMNENDATIONS ON LIVING WORD RENEWED MOTION TO DISMISS. re 71 Objections to R&R due by 8/11/2016. Signed by Magistrate Judge Michael R. Merz on 7/25/2016. (srb)
July 25, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - re 49 Objections to R&R due by 8/11/2016. Signed by Magistrate Judge Michael R. Merz on 7/25/2016. (srb)
August 3, 2016
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REPORT AND RECOMMENDATIONS - Judged under the Iqbal/Twombly standard, the Second Amended Complaint does not state a claim for relief against the Cashland Defendants. It is therefore respectfully recommended that the Second Amended Complaint be dismissed as to those Defendants with prejudice. The dismissal should be with prejudice because Plaintiff has been given ample opportunity to amend to properly assert any viable claims. Objections to R&R due by 8/22/2016. Signed by Magistrate Judge Michael R. Merz on 8/3/2016. (kpf)
August 4, 2016
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ORDER STRIKING MOTION TO DISMISS 88 because it was filed more than a month after the deadline. Signed by Magistrate Judge Michael R. Merz on 8/4/2016. (kpf)
August 16, 2016
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DECISION AND ORDER ON MOTION TO INTERVENE; ORDER TO THE CLERK - The Motion of Eugene Volokh to intervene in this case for limited purposes (ECF No. 90) is GRANTED. With the hope that he may wish to do so and therefore will have occasion to file further papers in this case, his request to file electronically is GRANTED. The Clerk shall facilitate his registration for that purpose. In addition, the Clerk is ORDERED to unseal the Second Amended Complaint forthwith. Signed by Magistrate Judge Michael R. Merz on 8/16/2016. (kpf)
August 22, 2016
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REPORT AND RECOMMENDATIONS - The Magistrate Judge concludes that Plaintiff has failed to plead a claim against ABF upon which relief can be granted and hereby recommends that the Second Amended Complaint should, as to ABF, be DISMISSED WITH PREJUDICE. Objections to R&R due by 9/9/2016. Signed by Magistrate Judge Michael R. Merz on 8/20/2016. (kpf)
September 16, 2016
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART DEFENDANTS THE LIVING WORD CHURCH, PAT MURRAY AND JACKIE MURRAYS (COLLECTIVELY THE LIVING WORD DEFENDANTS) OBJECTIONS (DOC. #68) TO THE MAY 3, 2016, REPORT AND RECOMMENDATIONS THAT MOTION TO DISMISS BE DENIED (INITIAL REPORT AND RECOMMENDATIONS) (DOC. #57), SUSTAINING IN PART AND OVERRULING IN PART OBJECTIONS OF THE LIVING WORD DEFENDANTS (DOC. #92) TO THE JULY 25, 2016, SUPPLEMENTAL REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS MOTION TO DISMISS, AND REPORT AND RECOMMENDATIONS ON THE LIVING WORD DEFENDANTS RENEWED MOTION TO DISMISS (SUPPLEMENTAL REPORT AND RECOMMENDATIONS) (DOC. #84), RECOMMENDING THAT BOTH THE INITIAL AND RENEWED MOTIONS TO DISMISS BE DENIED; REJECTING SAID INITIAL (DOC. #57) AND SUPPLEMENTAL (DOC. #84) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ; SUSTAINING IN PART AND OVERRULING WITHOUT PREJUDICE IN PART MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS (DOC. #19), AND SUSTAINING IN PART AND OVERRULING IN PART RENEWED MOTION TO DISMISS OF THE LIVING WORD DEFENDANTS AS TO PLAINTIFF SAMUEL BARROWS SECOND AMENDED COMPLAINT (DOC. #71); PLAINTIFFS CLAIM UNDER 42 U.S.C. § 1981 AGAINST THE LIVING WORD DEFENDANTS (COUNT I) IS DISMISSED WITHOUT PREJUDICE; PLAINTIFF WILL HAVE TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT, WITHIN THE STRICTURES OF FED. R. CIV. P. 11; STATE LAW CLAIMS AGAINST THE LIVING WORD DEFENDANTS (COUNTS II-VI) REMAIN PENDING BEFORE COURT. Signed by Judge Walter H. Rice on 9/16/2016. (jdf)
February 13, 2017
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DECISION AND ENTRY OVERRULING PLAINTIFF SAMUEL BARROWS OBJECTIONS (DOC. #100) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., AND JACK DAUGHERTY (COLLECTIVELY THE CASHLAND DEFENDANTS) BE SUSTAINED (CASHLAND DEFENDANTS REPORT AND RECOMMENDATIONS) (DOC. #87); OVERRULING PLAINTIFFS OBJECTIONS (DOC. #107) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT ABF FREIGHT SYSTEMS, INC., BE SUSTAINED (ABF REPORT AND RECOMMENDATIONS) (DOC. #98); ADOPTING IN PART AND REJECTING IN PART SAID CASHLAND DEFENDANTS (DOC. #87) AND ABF (DOC. #98) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ IN THE MANNER SET FORTH HEREIN; SUSTAINING CASHLAND DEFENDANTS MOTION TO DISMISS (DOC. #70) AND ABFS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #81); PLAINTIFFS CLAIMS IN THE SECOND AMENDED COMPLAINT (DOC. #63) AGAINST THE CASHLAND DEFENDANTS AND ABF FOR INVASION OF PRIVACY (COUNT IV) AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) ARE DISMISSED WITH PREJUDICE AS AGAINST DAUGHERTY AND WITHOUT PREJUDICE AS AGAINST CASHLAND, CASH AMERICA AND ABF; PLAINTIFF WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT AGAINST CASHLAND, CASH AMERICA AND ABF; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DAUGHERTY AND AGAINST PLAINTIFF ON COUNTS IV AND V.. Signed by Judge Walter H. Rice on 2/13/2017. (jdf)
February 14, 2017
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AMENDED DECISION AND ENTRY OVERRULING PLAINTIFF SAMUEL BARROWS OBJECTIONS (DOC. # 100 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION TO DISMISS OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., AND JACK DAUGHERTY (COLLECTIVELY THE CASHLAND DEFENDANTS) BE SUSTAINED (CASHLAND DEFENDANTS REPORT AND RECOMMENDATIONS) (DOC. #87 ); OVERRULING PLAINTIFFS OBJECTIONS (DOC. #107 ) TO THE REPORT AND RECOMMENDATIONS THAT THE MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT ABF FREIGHT SYSTEMS, INC., BE SUSTAINED (ABF REPORT AND RECOMMENDATIONS) (DOC. #98 ); ADOPTING IN PART AND REJECTING IN PART SAID CASHLAND DEFENDANTS (DOC. #87 ) AND ABF (DOC. #98 ) REPORTS AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL R. MERZ IN THE MANNER SET FORTH HEREIN; SUSTAINING CASHLAND DEFENDANTS MOTION TO DISMISS (DOC. #70 ) AND ABFS MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. #81); PLAINTIFFS CLAIMS IN THE SECOND AMENDED COMPLAINT (DOC. #63 ) AGAINST THE CASHLAND DEFENDANTS AND ABF FOR INVASION OF PRIVACY (COUNT IV) AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (COUNT V) ARE DISMISSED WITH PREJUDICE AS AGAINST DAUGHERTY AND WITHOUT PREJUDICE AS AGAINST CASHLAND, CASH AMERICA AND ABF; PLAINTIFF WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THIS ENTRY TO FILE AN AMENDED COMPLAINT AGAINST CASHLAND, CASH AMERICA AND ABF; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DAUGHERTY AND AGAINST PLAINTIFF ON COUNTS IV AND V. ( AMENDED TO CORRECT PAGE 9 LAST PARAGRAPH TO INCLUDE THE WORD NOT). Signed by Judge Walter H. Rice on 2/14/2017. (jdf)
May 4, 2017
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DECISION AND ENTRY SUSTAINING UNOPPOSED JOINT MOTION OF DEFENDANTS CASHLAND FINANCIAL SERVICES, INC., CASH AMERICA INTERNATIONAL, INC., JACK DAUGHTERTY, AND ABF FREIGHT SYSTEM, INC., FOR JUDGMENT PURSUANT TO FED. R. CIV. P. 54(b) - Plaintiff having subsequently advised this Court that it does not intend to pursue any further claims against the moving Defendants, leaving only Pla intiffs state law claims over which Plaintiff urges the Court to continue supplemental jurisdiction, this Court, seeing no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), enters final judgment in favor of the moving Defendants Cash land, Cash America, and ABF and against Plaintiff herein. Signed by Judge Walter H. Rice on 5/4/2017. (srb)
May 4, 2017
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CLERK'S JUDGMENT in favor of ABF Freight Systems, Inc, Cash America International, Cashland Financial Services, Inc against Samuel Barrow. Signed by Judge Walter H. Rice on 5/4/2017. (srb)