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17-135 - WION v. ROLAND et al


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17-135 - WION v. ROLAND et al
November 28, 2017
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REPORT AND RECOMMENDATION that the School District Defendants motion to dismiss 6 be denied. It is further recommended that the motionto dismiss and motion to strike filed on behalf of Defendants Sandin and Durham 4 be denied as to the dismissal of Plaintiffs complaint, and denied as to references to duties that may have been owed by Durham at Paragraphs 66 and 78 of the complaint, but granted without prejudice as to the motion to strike references to recklessness from Paragraph 135. Objections to R&R due by 12/12/2017. Signed by Magistrate Judge Susan Paradise Baxter on 11/28/17. (lrw)
January 12, 2018
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ORDER indicating that that the Report and Recommendation 34 is adopted in part and rejected in part, as set forth in this Memorandum Order; that the Motion to Dismiss filed by Sanden and Durham 4 is denied, and the Motion to Strike filed contemporaneously therewith is granted in part and denied in part; that the Motion to Dismiss 6 filed by the School District Defendants is granted as to Superintendent Berlin and the nine individual Board Members, and denied as to WASD; and that all claims against Superintendent Berlin, Eric Duda, William Hallock, Nancy McNally, Joshua Paris, Martin Pushchak, Brenda Sanberg, Aaron Snippert, Amanda Thayer-Zacks, and Anthony Pushchak are dismissed, with prejudice. Each of these defendants is terminated from this action. Signed by Judge Nora Barry Fischer on 1/12/18. Modified on 2/12/2018. (jg)