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16-018 - Chyba v. SLS et al


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16-018 - Chyba v. SLS et al
September 15, 2016
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REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO SET ASIDE DEFAULT AND DEFENDANTS' MOTION TO DISMISS: The undersigned RECOMMENDS that Judge O'Connor GRANT Defendants' Motion to Set Aside the Clerk's August 2, 2016 Entry of Default (ECF No. 57). The undersigned RECOMMENDS that Judge O'Connor: (1) GRANT Defendants' Motion to Dismiss (ECF No. 5) with prejudice as to Defendant John Beggins on Counts Four and Five of the Second Amended Complaint only; (2) DENY Defendants' Motion to Dismiss as to the other Defendants on Counts Four and Five and as to all of the Defendants on Counts One, Two, and Three; and (3) ORDER that Defendants file their pleading in response to Plaintiff's Second Amended Complaint under Rule 12, Federal Rules of Civil Procedure, within 14 days after notice of the Court's action on this Report and Recommendation. (Ordered by Magistrate Judge Hal R Ray, Jr on 9/15/2016) (plp) (Main Document 63 replaced on 9/15/2016) (plp).
September 30, 2016
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ORDER ACCEPTING 63 REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: it is ORDERED that the findings, conclusions, and recommendation of the United States Magistrate Judge is accepted as the findings of the Court. It is FURTHER ORDERED that Defendants' Motion to Set Aside Default Judgment (ECF No. 57) is hereby GRANTED and the Clerks Entry of Default (ECF No. 56) is set aside. It is FURTHER ORDERED that Defendants' Motion to Dismiss is hereby GRANTED as to Defendant John Beggins on Counts Four and Five of the Second Amended Complaint (ECF No. 37). Accordingly, Counts Four and Five of the Second Amended Complaint as to Defendant John Beggins are DISMISSED with prejudice. (Ordered by Judge Reed C O'Connor on 9/30/2016) (baa)