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06-437 - Cundiff v. Postel et al


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06-437 - Cundiff v. Postel et al
July 18, 2007
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AGREED DISCOVERY ORDER signed by Judge H Bruce Guyton on July 18, 2007. (Certified copy mailed via USPS to counsel for defendants.) (AYB)
February 25, 2008
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MEMORANDUM AND ORDER that the plaintiff's objections to the interrogatories at issue are SUSTAINED and the defendants' 25 Motion to Compel is DENIED. Signed by Magistrate Judge H Bruce Guyton on 2/25/08. (ANB)
March 25, 2008
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MEMORANDUM AND OPINION to be set forth more fully in the following Order. Signed by Magistrate Judge H Bruce Guyton on March 25, 2008. (AYB)
March 25, 2008
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ORDER that the 31 plaintiff's Motion in Limine is GRANTED in part, to the extent that any evidence relating to the plaintiff's blood-alcohol test results, the dismissed DUI charge, and Deputy Postel's subjective intentions or state of mind shall be excluded from evidence, and DENIED in part, to the extent that evidence of plaintiff's guilty plea to Class D Felony evading arrest is relevant because of its preclusive effect and shall not be excluded. Further, defendants' motions for summary judgment 20 22 are GRANTED. Plaintiff's Sec. 1983 claims are DISMISSED with prejudice, while plaintiff's state law claims are DISMISSED without prejudice. As there are no claims remaining, this case is DISMISSED. Signed by Magistrate Judge H Bruce Guyton on March 25, 2008. (AYB)
March 25, 2008
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JUDGMENT ON DECISION BY THE COURT, entered by the Clerk, whereby plaintiff Sandra R. Cundiff take nothing, that the plaintiff's federal claims be DISMISSED with prejudice, that the plaintiff's state law claims be DISMISSED without prejudice, and that this action be DISMISSED. (AYB)