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14-186 - Warnick v. Cooley et al


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14-186 - Warnick v. Cooley et al
March 31, 2015
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REPORT AND RECOMMENDATIONS re 32 Defendant's MOTION to Strike 28 Amended Complaint filed by Daniel Herboldsheimer, 33 MOTION to Strike 28 Amended Complaint filed by Mark Knighton, Bradford Cooley, Robin Wilkins, Ethan Rampton, 21 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Daniel Herboldsheimer, 39 First MOTION for Leave to File Motion for Leave to Amend Complaint and Memorandum in Support filed by Silvan Warnick, 22 MOTION to Dismiss and Memorandum in Support filed by Mark Knighton, Bradford Cooley, Robin Wilkins, Ethan Rampton. Magistrate Judge Paul M. Warner no longer assigned to case. Objections to R&R due by 4/14/2015. See REPORT AND RECOMMENDATION FOR DETAILS.. Signed by Magistrate Judge Paul M. Warner on 3/31/15. (ksm)
April 22, 2015
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ORDER ADOPTING 47 REPORT AND RECOMMENDATIONS: granting 39 Motion for Leave to File Amended Complaint; denying 32 Motion to Strike and 33 Motion to Strike; finding as moot 21 Motion to Dismiss for Failure to State a Claim and 22 Motion to Dismiss; Plaintiff's amended complaint is allowed to stand and is deemed filed as of the date of this Order. Signed by Judge David Nuffer on 4/22/15 (alt)
July 22, 2016
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REPORT AND RECOMMENDATIONS re 53 MOTION to Dismiss Party, 54 MOTION to Dismiss Party Hall, Cooley, Rampton, Wilkins, Knighton MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction: Magistrate Judge recommends granting motions and dismissing Amended Complaint for failure to state upon which relief may be granted. Objections to R&R due by 8/5/2016. Signed by Magistrate Judge Paul M. Warner on 7/22/16 (alt)
March 29, 2017
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MEMORANDUM DECISION and Order granting 53 Motion to Dismiss Party. Daniel Herboldsheimer terminated. ; granting 54 Motion to Dismiss Party. Daniel Herboldsheimer terminated. ; granting 54 Motion to Dismiss for Failure to State a Claim ; granting 54 Motion to Dismiss for Lack of Jurisdiction ; granting in part and Modifying in part 64 Report and Recommendations. Plaintiffs claims against Defendants Hall and Knighton under state law (Second, Third, Fourth, Fifth, Sixth, and Seventh Causes of Action) are DISMISSED without prejudice for lack of jurisdiction. Plaintiffs claims for defamation and negligent infliction of emotional distress (Fifth and Sixth Causes of Action) against all County Defendants are also DISMISSED without prejudice for lack of jurisdiction. Plaintiffs remaining claims against all County Defendants are DISMISSED with prejudice for failure to state a claim. Plaintiffs amended complaint (Docket No. 28) is DISMISSED. The Clerk of Court is directed to close the case. Signed by Judge Jill N. Parrish on 3/29/17. (jlw)
January 4, 2018
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MEMORANDUM DECISION AND ORDER denying 77 Herboldsheimers Motion for Attorney Fees; finding as moot 85 Plaintiffs motion to stay Herboldsheimers motion for attorney fees pending appeal. Signed by Magistrate Judge Paul M. Warner on 1/4/2018. (jds)