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06-120 - MCCLEESTER et al v. DEPARTMENT OF LABOR AND INDUSTRY et al


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06-120 - MCCLEESTER et al v. DEPARTMENT OF LABOR AND INDUSTRY et al
July 16, 2007
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MEMORANDUM OPINION & ORDER granting in part and denying in part 4 Motion to Dismiss; specifically, 1) Count I is dismissed with prejudice as to Defendants Department of Labor and Industry and Hiram G. Andrews Center; 2) Count I is dismissed as to Defendants Osborn, Rickabaugh, Smolko, Gorsuch, Schmerin, Wildeman, Gannon and Sariano. Plaintiff is granted leave to file an amended complaint within 20 days with regard to the claims against these Defendants; 3) Count II is dismissed with prejudice as to Defendants Department of Labor and Industry and Hiram G. Andrews Center; 4) Count II is dismissed as to Defendants Mackel, Rickabaugh, Smolko, Gorsuch, and Osborn. Plaintiff is granted leave to file an amended complaint within 20 days with regard to the claims against these Defendants; 5) Count III is dismissed with prejudice as to Defendants Department of Labor and Industry and Hiram G. Andrews Center; 6) Count III is dismissed as to Defendants Osborn, Rickabaugh, Smolko, Gorsuch, Schmerin, Wildeman, Gannon, and Sariano. Plaintiff is granted leave to file an amended complaint within 20 days with regard to the claims against these Defendants; 7) Counts IV, V and VI are dismissed with prejudice as to all Defendants, and as more fully stated in said Memorandum Opinion & Order. Signed by Judge Kim R. Gibson on 7/16/2007. (dlg)
March 27, 2008
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MEMORANDUM OPINION AND ORDER OF COURT granting in part and denying in part 19 Motion to Dismiss. It is further Ordered as follows: 1) Count I, Part I of the Amended Complaint, (Document No. 18), is DISMISSED as to Defendants Mackel, Rickabaugh, So Defendants Mackel, Sariano, Rickabaugh, Smolko, Gorsuch and Osborn. Claims under Count I, Part II of the Amended Complaint may proceed only against Wildeman, Gannon, Rullman and Yeager. 3) Count I, Part III of the Amended Complaint, (Document No.molko, Gorsuch, Osborn, Rullman, Yeager and Gannon. Claims under Count I, Part I of the Amended Complaint may proceed only against Defendants Wildeman and Sariano. 2) Count I, Part II of the Amended Complaint, (Document No. 18), is DISMISSED as t 18), is DISMISSED in its entirety. 4) Count I, Part IV of the Amended Complaint, (Document No. 18), is DISMISSED as to the claims involving procedural due process, the First Amendment, and Plaintiff's liberty interest in his reputation. Plaintiff's equal protection claim under Count I, Part IV of the Amended Complaint may proceed against Mackel, Rickabaugh, Smolko, Gorsuch and Osborn only. 5) Count II of the Amended Complaint, (Document No. 18), is DISMISSED in its entirety. 6) As to Count III of the Amended Complaint, (Document No. 18), Defendant's Partial Motion to Dismiss, (Document No. 19), is DENIED. Claims under Count III of the Amended Complaint may proceed against Defendants Mackel, Rickabaugh, Smolko, Gorsuch, Wildeman, Osborn, Rullman, Yeager, Gannon and Sariano, with the understanding that Rickabaugh, Smolko, Gorsuch and Osborn acted under color of state law only insofar as their actions were pursuant to their alleged conspiracy with Mackel, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 3/27/2008. (dlg)