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15-1070 - Marar et al v. Cottages of La Vergne 2000 HOA, Inc., The et al


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15-1070 - Marar et al v. Cottages of La Vergne 2000 HOA, Inc., The et al
July 13, 2016
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REPORT AND RECOMMENDATION: Based on the foregoing, the Court respectfully RECOMMENDS that the motion to dismiss (Docket Entry No. 56) filed by The Cottages of LaVergne 2000 Homeowners Association, Inc., and Ghertner and Company be: 1) GRANTED as to Plaintiffs' claims brought under 42 U.S.C. § 1983, 42 U.S.C. § 3604, and 42 U.S.C. § 3631; and 2) DENIED as to Plaintiffs' claims brought under 42 U.S.C. § 3613 for enforcement of the Conciliation Agreement and under 42 U.S.C. § 3617. The Court further RECOMMENDS that supplemental jurisdiction over any state law claimsbrought by Plaintiffs be DECLINED under 28 U.S.C. § 1367(c). Signed by Magistrate Judge Barbara D. Holmes on 7/13/16. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 10, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons stated herein: (1) Plaintiffs' Objection to the Magistrate Judge's Order found at Docket No. 71 is overruled, and that Order is AFFIRMED. (2) Plaintiffs' Motion for Extension of Time to Amend Objections is DENIED and Plaintiffs' Motion to Attain (sic) Status is GRANTED. (3) The Objections of the Plaintiff are overruled, and the Objections of the Defendants are overruled in part and well-taken in part. The Report and Recommendation of the Magistrate Judge (Docket No. 70) is adopted and approved in part and rejected in part. (5) Defendants' Motion to Dismiss (Docket No. 56) is GRANTED. (6) Plaintiffs' claims brought under 42 U.S.C. §§ 1983, 3604, 3631, 3613 and 3617 are dismissed with prejudice. (7) The Court declines to exercise supplemental jurisdiction over Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367, and those claims are dismissed without prejudice. (6) This action is DISMISSED, and the Clerk is directed to close the file. Signed by District Judge Todd J. Campbell on 8/10/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 8/11/2016 (eh).