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16-068 - E G et al v. Bond et al


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16-068 - E G et al v. Bond et al
August 31, 2016
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Report and Recommendation. It is recommended that the Court find moot in part and grant in part Barry Bond's Amended 12(b)(6) Motion to Dismiss for Plaintiffs' Failure to State a Claim upon which Relief may be granted 11. In light of the recommended partial dismissal, the undersigned directs the Clerk of Court to reassign this case to Senior District Judge Sam R. Cummings. After that reassignment, the undersigned may continue to exercise all powers permitted by 29 USC §636(b) unless otherwise directed by Judge Cummings. (Ordered by Magistrate Judge E. Scott Frost on 8/31/2016) (mmg)
September 9, 2016
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Report and Recommendation. It is RECOMMENDED that the Court grant in part, find moot in part and otherwise deny Defendant Abilene Independent School District's Motion to Dismiss 15 and grant in part and deny in part City of Abilene's Motion to Dismiss 16. The Court should grant both motions with respect to Plaintiffs' civil conspiracy claims. The dismissal of those claims should be with prejudice and without leave to amend unless Plaintiffs make a sufficient showing of a viable civil conspiracy claim in an objection to this recommendation. The Court should also grant the City's motion to the extent it seeks to dismiss municipal liability claims based on a failure to train, supervise, or discipline. Such dismissal should be without prejudice to Plaintiffs filing an amended complaint to provide additional allegations as to those claims. The Court should find AISD's motion moot to the extent AISD seeks to dismiss similar claims and it should otherwise deny the motions. In light of the previous recommendation issued in this action, the case has already been reassigned to Senior District Judge Sam R. Cummings in accordance with Second Amended Special Order No. 3-301. (Ordered by Magistrate Judge E. Scott Frost on 9/9/2016) (mmg)
January 13, 2017
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ORDER. It is ORDERED that the several objections filed by the parties are all OVERRULED. It is further ORDERED that the Report and Recommendation dated August 31, 2016, are hereby ADOPTED as the findings and conclusions of the Court. Re 32 Findings and Recommendations on Case. Defendant Barry Bonds Amended Motion to Dismiss is GRANTED IN PART and DENIED IN PART. All state-law claims asserted against Defendant Bond are DISMISSED with prejudice. re 11 Amended Motion to Dismiss. It is further ORDERED that the findings and conclusions in the Report and Recommendation dated September 9, 2016 are hereby ADOPTED as the findings and conclusions of the Court with one modification. Re 34 Findings and Recommendations on Case. Defendant Abilene Independent School District's Motion to Dismiss is GRANTED in part and DENIED in part. Re: 15 Motion to Dismiss for Failure to State a Claim. Defendant City of Abilene's Motion to Dismiss is GRANTED in part and DENIED in part. Re: 16 Motion to Dismiss for Failure to State a Claim. The Court MODIFIES this Report and Recommendation only with regard to the recommendation that the conspiracy claims against each Defendant be dismissed with prejudice. Plaintiffs' conspiracy claims against Defendants Abilene ISD and City of Abilene and Plaintiffs' claims for failure to train, supervise, and discipline against Defendant City of Abilene are DISMISSED without prejudice. Plaintiffs shall be given fourteen (14) days to amend their complaint and re-plead these claims with greater specificity. (Ordered by Senior Judge Sam R Cummings on 1/13/2017) (jak)
June 29, 2017
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Report and Recommendation. It is RECOMMENDED that the Court GRANT in part and DENY in part 59 the City of Abilene's Second 12(b)(6) Motion to Dismiss for Plaintiffs' Failure to State a Claim Upon Which Relief May Be Granted and GRANT in part and DENY in part 67 Defendant Abilene Independent School District's Second Motion to Dismiss. The Clerk of Court is directed to reassign this case to Senior District Judge Sam R. Cummings in accordance with the Second Amended Special Order No. 3-301. After that reassignment, Magistrate Judge E. Scott Frost may continue to exercise all powers permitted by 28 U.S.C. § 636(b), unless otherwise directed by Judge Cummings. (Ordered by Magistrate Judge E. Scott Frost on 6/29/2017) (mmg)
August 14, 2017
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ORDER. The Court OVERRULES the objection of both parties to the Report and Recommendation. It is ORDERED that the findings and conclusions in the Report and Recommendation 72 are hereby ADOPTED as the findings and conclusions of the Court. Accordingly, it is ORDERED that Defendant City of Abilene's Second 12(b)(6) Motion to Dismiss and Defendant Abilene ISD's Second Motion to Dismiss are both GRANTED to the extent that they seek dismissal of Plaintiffs' civil conspiracy claims and DENIED in all other respects. Plaintiffs' conspiracy claims are DISMISSED with prejudice for the reasons stated in the Report and Recommendation. This case is returned to the docket of the Honorable E. Scott Frost for further proceedings consistent with Second Amended Special Order No. 3-301. (Ordered by Senior Judge Sam R Cummings on 8/14/2017) (mmg)