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06-658 - Luna v. Ford Motor Company et al


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06-658 - Luna v. Ford Motor Company et al
February 2, 2007
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REPORT AND RECOMMENDATION by Magistrate Judge John S. Bryant recommending that 1 Pltf's Motion for a Preliminary Injunction Pending Filing of Complaint be denied, and that pltf be granted leave to file a complaint complying with Rule 8(a) within 20 days. If he fails to do so, the undersigned recommends that this action be dismissed. The undersigned further recommends that defts' motions to dismiss (Docket Entry Nos. 17, 20, 26, and 32) be denied without prejudice to their refiling if pltf files a complaint. Signed by Judge John S. Bryant on 2/2/07. (cc: pltf by certified and regular mail) (jb)
March 14, 2007
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ORDER: The 53 Report and Recommendation is accepted. The Motions to Dismiss filed by the defts (Docket Entry Nos. 17, 20, 26, & 32) are denied without prejudice. If Pltf has not already undertaken steps to do so, Pltf is directed to serve copies of the Complaint and Summons on each Deft in compliance with Fed.R.Civ.P. 4. If Pltf wishes to proceed on his Motion for Preliminary Injunction, he must re-file the Motion following entry of this Order and Defts will then have 10 days within which to respond to the Motion. The 58 Pltf's Motion for Extra Ordinary Relief under Title 28 Sec. 1651 is denied without prejudice. The case is returned to the Magistrate Judge for further case management. Signed by Judge Robert Echols on 3/14/07. (cc: pltf by regular and certified mail) (jb) Modified on 3/15/07 (jb).
June 13, 2007
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REPORT AND RECOMMENDATION by Magistrate Judge John S. Bryant recommending that the Defts' Motions to Dismiss (DE Nos. 60 61 63 65 100 103 113 120 122) be granted, that the claims against Defts Stan McNabb Ford, Alexander Ford, Lincoln-Mercury, Inc., Cox, Thyen, Holt, and Marshall, and Pltf's charges under the Fair Debt Collection Practices Act against Ford Motor Credit Company be dismissed for failure to state a claim upon which relief can be granted, and that the claims against Defts Ford Motor Company and Jenkins & Wynne, Inc. for breach of warranty be dismissed for lack of subject matter jurisdiciton resulting from failure to meet amount in controversy requirements. Signed by Judge John S. Bryant on 6/13/07. (jb) (cc: Pltf by certified and regular mail) Modified on 6/13/07 (jb).
January 29, 2008
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5] Motion to Dismiss are granted. Pltf's claims against Alexander Ford, Lincoln-Mercury, Inc. are dismissed with prejudice for failure to state a claim. The 122 Motion to Dismiss on behalf of Defts Steven Lipsey and Stone & Hinds, P.C. is granted. Pltf's claims against Steven Lipsey and Stone & Hinds, P.C. are dismissed with prejudice for failure to state a claim. Defts Ford Motor Company, Jenkins and Wynne, Inc., and Employees' 63 Motion to Dismiss and 100 Motion to Dismiss Amended Complaint are granted in part and reserved in part. The motions are granted to the extent that Pltf's claims against the individual employees, Lamarta Cox, Robin Marshall, and Allison Sample are dismissed for failure to state a claim. The Motions are reserved to the extent that the Court reversed the Magistrate Judge's jurisdictional ruling, and the Court must now consider whether Ford Motor Company and Jenkins & Wynne have asserted any proper basis for dismissal of Pltf's claims against them. This case is returned to the Magistrate Judge for further case management and for submission of an R&R. Signed by Judge Robert Echols on 1/29/08. (jb) (cc: pltf by certified and regular mail) Modified on 1/30/08 (jb).ORDER: Pltf's 129 Objections are overruled. The 125 Report and Recommendation is accepted in part and rejected in part as stated in this Order. Deft Stan McNabb Ford's 103 Renewed Motion to Dismiss and 60 Motion to Dismiss are granted. Pltf's claims against Stan McNabb Ford are dismissed with prejudice for failure to state a claim. Deft Ford Motor Credit Company's 120 Renewed Motion to Dismiss and Deft Ford Motor Credit Company and Employees' 61 Motion to Dismiss are granted. Pltf's claims against Ford Motor Credit Company, Jennifer Holt and Richard Thyen are dimissed with prejudice for failure to state a claim. Deft Alexander Ford, Lincoln-Mercury, Inc.'s 113 Renewed Motion to Dismiss and [6
February 28, 2008
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ORDER: The 91 motion for preliminary injunction, construed as a motion to preserve evidence is denied. Signed by Judge John S. Bryant on 2/28/08. (jb) (cc: pltf by certified and regular mail) Modified on 2/28/08 (jb).
February 28, 2008
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the 63 100 motions to dismiss be granted with respect to defendant Jenkins & Wynne, Inc., and denied with respect to defendant Ford Motor Company. Signed by Judge John S. Bryant on 2/28/08. (cc: pltf by certified and regular mail) (jb)
April 15, 2008
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ORDER: Pltf's objections 149 are overruled; 148 Report and Recommendation is accepted; granting in part and denying in part 63 & 100 Motions to Dismiss. The motions are granted in that pltf Luna fails to state a claim against deft Jenkins & Wynne, Inc and any claim against that deft is dismissed with prejudice. The motions are denied with regard to the sole remaining deft, Ford Motor Co. Case is returned to the Magistrate Judge for entry of a scheduling order and further case management. Signed by Senior Judge Robert Echols on 4/15/08. (gi)