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17-051 - Peterson et al v. Silverado Senior Living, Inc.


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17-051 - Peterson et al v. Silverado Senior Living, Inc.
January 30, 2018
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ORDER that Dft's 8 MOTION for Summary Judgment is GRANTED as to the Breach of Contract claim, but DENIED, without prejudice to Dft's ability to re-raise the issue at a later date, as to the res judicata issue. The Court HEREBY give notice to Pltfs of its intention to sua sponte dismiss Pltfs' wrongful death claim based on Pltfs' failure to plead a plausible claim for relief. Pltfs are HEREBY ORDERED to file, within 14 days from the date of this Order, 1) a 20 page memorandum with the Court detailing why such a dismissal would be inappropriate, or 2) an amended complaint establishing a factual basis for their wrongful death claim. If Pltfs fail to file one of these documents within the allotted timeframe, Pltfs' remaining claim will be automatically dismissed without further notice from this Court. ( Notice of Compliance due by 2/13/2018)(Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)