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15-294 - Armstrong et al v. Curves International, Inc. et al


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15-294 - Armstrong et al v. Curves International, Inc. et al
October 15, 2015
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. Signed by Magistrate Judge Thomas C. Mummert, III on October 15, 2015. (MCB) [Transferred from Missouri Eastern on 10/16/2015.]MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Notice of Partial Dismissal [Doc. 14] is GRANTED. Counts 2, 3, 5, 6, 11, 12, 14, 15, 17, 18, 23, 24, 26, 27, 29, 30, 32, 33, 35, 36, 38, 39, 41, 42, 44, 45, 47, 48, 50, 51, 53, 54, 56, 57, 59, 60, 62, 63, 65, 66, 68, 69, 71, 72, 74, 75, 77, 78, 80, 81, 83, 84, 86, 87, 89, 90, 92, 93, 95, 96, 98, 99, 101, 102, 107, 108, 110, 111, 113, 114, 116, 117, 119, 120, 122, 123, 129, 134, 135, 137, 138, 140, 141, 143, 144, 149, 150, 152, 153, 155, 156, 161, 162, 164, and 165 are DISMISSED without prejudice. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss is GRANTED in part and DENIED in part as set forth above. IT IS FURTHER ORDERED that the claims of Dolores Cooney; Christine Beidel; Natalie Cooper-Berthe; Amy Draper; Susan Espy; Glenn Espy; Susan Fogg; Susan O'Donnell; and Garrison Payne are DISMISSED. IT IS FINALLY ORDERED that this case is TRANSFERRED to the United States District Court for the Western District of Texas. A separate Order of Transfer shall accompany this Memorandum and Order. Natalie Cooper-Berthe, Amy Draper, Glenn Espy, Susan Espy, Susan Fogg, Susan O'Donnell, Garrison Payne, Christina Beidel and Dolores Cooney terminated
March 6, 2017
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ORDER GRANTING IN PART AND DENYING IN PART 41 Motion for Summary Judgment; DENYING 54 Motion to Continue. In light of the foregoing, the Court hereby GRANTS in part and DENIES in part Defendants Motion for Summary Judgment (Dkt. 41). The Court GRANTS Defendants Motion for Summary Judgment with respect to Counts 25, 30, 40, 65, 69, 70, and 91 of the Amended Complaint. Further, the Court hereby GRANTS in part Defendants Motion for Summary judgment with respect to the following claims: Count 22, to the extent the claims accrued on or before June 8, 2012; Count 37, to the extent the claims accrued on or before December 6, 2011; Counts 49 and 50, to the extent the claims accrued on or before May 24, 2012; Count 63, to the extent the claims accrued on or before May 1, 2013; Count 76, to the extent the claims accrued on or before August 24, 2011; Count 80, to the extent the claims accrued on or before June 11, 2013; Count 87, to the extent the claims accrued on or before January 31, 2013. The Court hereby DENIES Defendants Motion for Summary Judgment as to all of Plaintiffs remaining claims. Finally, the Court hereby DENIES Plaintiffs Motion for a Continuance (Dkt. 54) and schedules a final pretrial conference in this case for Friday, March 24, 2017 at 11:00 AM in Courtroom #1, United States Courthouse, 800 Franklin Avenue, Waco, Texas. Signed by Judge Robert Pitman. (jgb)