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08-127 - Blair et al v. Cardenas et al


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08-127 - Blair et al v. Cardenas et al
August 1, 2008
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FINDINGS AND RECOMMENDATIONS on case: The court recommends that Defendant Alfonso Cardenas, MD, be DISMISSED without prejudice pursuant to Rule 4(m). Magistrate Judge Wm F Sanderson, Jr no longer assigned to case. (Signed by Magistrate Judge Wm F Sanderson, Jr on 8/1/2008) (axm)
August 12, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION: The court recommends that the Motion to Dismiss (Doc. #4, 6, 8, and 37-38) be GRANTED, that Plaintiffs' claims against Mesquite Police Officers Turner, Gafford, Bailey, Long, and the unidentified police officer be DISMISSED sua sponte for failure to state a claim, and that Plaintiffs' state law claims against the Mesquite Community Hospital, Security Officer Ron Con, AEP-EMCARE Medical Group, and Nurse Kelly be DISMISSED without prejudice to being refiled in state court. Defendants' motion for protective order (Docket #10) and the Mesquite Community Hospital's motion to dismiss (#42) be DENIED as moot. (see order) (Signed by Magistrate Judge Wm F Sanderson, Jr on 8/12/2008) (axm) Modified on 9/4/2008, additional text added per staff attorney (axm).
August 21, 2008
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***SET ASIDE per 52 Order*** ORDER ACCEPTING 48 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS ORDERED that Defendant Alfonso Cardenas, MD, be, and he is hereby DISMISSED without prejudice. (Signed by Judge Barbara M. G. Lynn on 8/21/2008) (twd) Modified on 9/4/2008 (twd).
September 4, 2008
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ADDITIONAL FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON CASE: It is recommended that Plaintiffs' state law claims against Dr. Cardenas be DISMISSED without prejudice to being refiled in state court. (Signed by Magistrate Judge Wm F Sanderson, Jr on 9/4/08) (klm)
September 25, 2008
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ORDER ACCEPTING 50 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE and the 53 ADDITIONAL FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE dismissing all plaintiffs' claims without prejudice (Signed by Judge Barbara M. G. Lynn on 9/25/2008) (caw)