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15-5220 - DENITHORNE v. INGEMIE et al


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15-5220 - DENITHORNE v. INGEMIE et al
February 24, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/24/16. 2/24/16 ENTERED & E-MAILED.(fdc)
February 24, 2016
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MEMORANDUM AND ORDER THAT, UPON CONSIDERATION OF DEFENDANT WIGGINTON'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT [#15], IT IS HEREBY ORDERED THAT COUNT II AND COUNT V OF THE PLAINTIFF'S COMPLAINT AGAINST DEFENDANT WIGGINTON ARE DISMISSED WITH PREJUDICE; DEFENDANT WIGGINTON'S MOTION IS GRANTED WITHOUT PREJUDICE WITH REGARDS TO PLAINTIFF'S CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AS CONTAINED IN COUNT IV OF HIS COMPLAINT; DEFENDANT WIGGINTON'S MOTION IS GRANTED WITH PREJUDICE WITH REGARDS TO PLAINTIFF'S CLAIM FOR DEFAMATION AS CONTAINED IN COUNT IV OF HIS COMPLAINT; AND DEFENDANT WIGGINTON'S MOTION IS DENIED WITH REGARDS TO PLAINTIFF'S CLAIMS FOR ASSAULT AND BATTERY AND MALICIOUS PROSECUTION AS CONTAINED IN COUNT IV OF HIS COMPLAINT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/24/16. 2/24/16 ENTERED & E-MAILED.(fdc)