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05-724 - Wiley v. Snow et al


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05-724 - Wiley v. Snow et al
July 25, 2007
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Memorandum Opinion and Order: The court determines that Wiley's service on Defendants was defective at the time she sought default against them. Accordingly, Plaintiff['s] 15 Request for Entry of Default and Default Judgment is denied. The court further determines that, under Rule 4(m), it must extend the 120-day period for service, because Wiley had good cause for the delay in effecting proper service. Alternatively, the court determines that it has discretion to extend Wiley's time for service, and that she has effected service within a reasonable time after being placed on notice of the defective service. As Wiley has also amended her complaint to state causes of action within the court's jurisdiction, Defendants' 17 Cross-Motion to Dismiss is denied as moot; and Defendants' 23 Renewed Motion to Dismiss is denied. (Signed by Judge Sam A Lindsay on 7/25/2007) (mfw)
July 16, 2008
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Memorandum Opinion and Order: The court determines that there is no genuine issue of material fact as to Wiley's Title VII claims; that she does not have a legally cognizable FMLA claim against Defendants in their individual capacities; and that the court lacks jurisdiction to adjudicate her FMLA claim against Defendants in their official capacities. Accordingly, the court grants Defendants' 49 Motion to Dismiss and for Summary Judgment. (Signed by Judge Sam A Lindsay on 7/16/2008) (twd)