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17-192 - Manivannan v. Bochenek et al


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17-192 - Manivannan v. Bochenek et al
February 21, 2018
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REPORT AND RECOMMENDATION re 11 MOTION to Dismiss for Lack of Jurisdiction of Subject Matter and for Failure to State a Claim filed by Susan Malie, Isabel Cotero, Grace M. Bochenek. It is recommended that the parties 11 Motion to Dismiss be granted in part and denied in part. Any party may, within fourteen (14) days after being served with a copy of this Report and Recommendation, file with the Clerk of the Court written objections identifying the portions of the Repor 2/21/2018 Document replaced to add corrected version NEF Regen. (cmd) (Additional attachment(s) added on 2/21/2018: # (1) Certified Mail Return Receipt) (wrr).t and Recommendation to which objection is made, and the basis for such objection. Signed by Magistrate Judge Michael John Aloi on 2/21/18. (copy via cert. mail to PS Plaintiff)(mh) (Main Document 30 replaced on 2/21/2018) (cmd). Modified on
May 21, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 30], GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS [DKT. NO. 11], SUBSTITUTING DEPARTMENT OF ENERGY AS DEFENDANT, AND DISMISSING DEFENDANTS BOCHENEK, MALIE, AND COTERO: ADOPTS the R&R (Dkt. No. 30); GRANTS in PART the defendants' motion to dismiss (Dkt. No. 11) and DISMISSES Manivannan's claims for violations of 18 U.S.C. ยงยง 21, 1701, and 1702; DENIES in PART the defendants' motion to dismiss Manivannan's FOIA claim (Dkt. No. 11); ORDERS the Department of Energy to be SUBSTITUTED as the defendant in this action; and DISMISSES defendants Grace M. Bochenek, Susan Malie, and Isabel Cotero from this case. (Copy to PS Plaintiff via CM, RRR.) Signed by Senior Judge Irene M. Keeley on 5/21/2018. (wrr) (Additional attachment(s) added on 5/21/2018: # (1) Certified Mail Return Receipt) (wrr).