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16-2432 - Hernandez et al v. City of Grand Prairie Texas et al


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16-2432 - Hernandez et al v. City of Grand Prairie Texas et al
September 15, 2017
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MEMORANDUM OPINION AND ORDER grants in part and denies in part 9 Motion to Dismiss. Specifically, the court grants the motion regarding Plaintiff's state law claims and dismisses with prejudice all state law claims against Defendants, and grants the motion regarding Plaintiffs' claims for punitive damages against the City, which are dismissed with prejudice. The court denies the motion to dismiss with respect to Plaintiffs' section 1983 claim against Canelos and will not entertain any further 12(b)(6) motions to dismiss as to whether Canelos is entitled to qualified immunity. The court grants the motion to dismiss with respect to Plaintiffs' section 1983 claim against the City but allows Plaintiffs to amend in accordance with the standard for municipality liability as herein set forth. Plaintiffs shall file an amended pleading that addresses the deficiencies identified by the court, and the amended pleading must be filed by 10/6/2017. The court hereby vacates the stay of discovery order 13. (Ordered by Judge Sam A Lindsay on 9/15/2017) (epm) (Ordered by Judge Sam A Lindsay on 9/15/2017) (epm)
April 18, 2018
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MEMORANDUM OPINON AND ORDER granting 19 Second Motion to Dismiss filed by City of Grand Prairie Texas. Accordingly, the court dismisses with prejudice Plaintiffs' First Amended Complaint against the City. Further, Plaintiffs shall identify and serve the John Doe officer by May 2, 2018, or this action will be dismissed by the court for lack of personal jurisdiction over this unidentified and unserved defendant. (Ordered by Judge Sam A Lindsay on 4/18/2018) (zkc)