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16-2835 - Fowler v. McCarter, Catron & East, PLLC et al


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16-2835 - Fowler v. McCarter, Catron & East, PLLC et al
March 16, 2017
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MEMORANDUM signed by District Judge Aleta A. Trauger on 3/16/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
March 16, 2017
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ORDER DISMISSING CASE: For the reasons set forth in the accompanying Memorandum, the plaintiff's requests to convert the defendants' Rule 12(b)(6) motion into a Rule 56 motion, to conduct discovery, and to stay consideration of the defendants' motion pending such discovery are DENIED. The Motion to Dismiss (Doc. No. 27) filed by defendants McCarter, Catron & East, PLLC and Gilbert Wayne McCarter is GRANTED, on the grounds that the plaintiff's claims against these defendants are barred by the statute of limitations. The claims against McCarter, Catron & East, PLLC and Gilbert Wayne McCarter are DISMISSEDWITH PREJUDICE. The plaintiff also names as defendants John Doe Persons AM and John Doe Entities NZ. As explained in the accompanying Memorandum, the court finds that the claims against the unnamed defendants are also barred by the statute of limitations. The claims against these defendants are likewise DISMISSED WITH PREJUDICE, and this action is DISMISSED in its entirety. This Order constitutes the judgment in this action, for purposes of Fed. R. Civ. P. 58. It is so ORDERED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/16/2017. (hb)