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15-159 - Deck v. Rubenstein et al


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15-159 - Deck v. Rubenstein et al
April 13, 2016
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REPORT AND RECOMMENDATION re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pat Mirandy, James Rubenstein, 18 MOTION to Dismiss filed by Dionisio Policarpio, Milessa Wadsworth: The Magistrate Judge RECOMMENDS that the Defendants' 14, 18 Motions to Dismiss be GRANTED IN PART as to Defendants Mirandy and Rubenstein and DENIED IN PART as to Defendants Policarpio and Wadsworth, that Defendants Mirandy and Rubenstein be DISMISSED from this action, and that a Scheduling Order be entered. Written objections may be filed within 14 days after being served. Signed by Magistrate Judge James E. Seibert on 4/13/16. (copy Plaintiff) (Attachments: # (1) Certified Mail Return Receipt)(cnd)
May 6, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that the Court ADOPTS Magistrate Seibert's 38 Report and Recommendation, GRANTS Rubenstein and Mirandy's 14 Motion to Dismiss for failure to State a Claim, DENIES Policarpo and Wadsworth's 18 Motion to Dismiss, and RECOMMITS the case to Magistrate Judge Seibert for further proceedings. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 5/6/16. (Attachments: # (1) Certified Mail Return Receipt)(copy Plaintiff)(cnd)