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13-1010 - Oberc v. Fairlane Capital Inc


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13-1010 - Oberc v. Fairlane Capital Inc
May 28, 2015
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION: Before the Court is Defendant's Rule 12(b)(6) Motion to Dismiss and Brief in Support, filed 9/16/2014 (doc. 109). Defendant's motion to dismiss should be GRANTED in part and DENIED in part, and Plaintiff's claim for intentional infliction of emotional distress should be dismissed with prejudice, and Plaintiff's request for attorney's fees should be considered only as part of Defendant's request for exemplary damages. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/28/2015) (bdb)
July 2, 2015
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Order Accepting 119 Findings and Recommendation of the United States Magistrate Judge. Defendant's 109 Rule 12(b)(6) Motion to Dismiss and Brief in Support is granted in part and denied in part. The plaintiff's claim for intentional infliction of emotional distress is dismissed with prejudice, and his request for attorneys fees will be considered only as part of his request for exemplary damages. (Ordered by Judge David C Godbey on 7/2/2015) (jrr)
May 2, 2016
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Findings, Conclusions, and Recommendation re: 212 Motion to Dismiss Second Amended Complaint. Defendant's Rule 12(b)(6) motion should be GRANTED, and Plaintiff's claims for libel per se (personal reputation), libel per se (professional reputation), and libel per quod should be DISMISSED with prejudice for failure to state a claim. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 5/2/2016) (mcrd)
May 27, 2016
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ORDER ACCEPTING 239 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Motion to Dismiss Second Amended Complaint, filed 3/3/2016 (doc. 212), is GRANTED. (Ordered by Judge David C Godbey on 5/27/2016) (sss)