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Date Filed
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#
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Docket Text
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| May 15, 2009 |
1
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COMPLAINT against all defendants (Filing fee $ 350 receipt number 09780000000001233418), filed by Mary Kay Peck. Certificate of Interested Parties due by 5/25/2009. Proof of service due
by 9/12/2009. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit
Exhibit B 1-7, # 3 Exhibit Exhibit B 8-15, # 4 Exhibit Exhbit B
16-23, # 5 Exhibit Exhibit B 24-31, # 6 Exhibit Exhibit B 32-38, #
7 Exhibit Exhibit C, # 8 Civil Cover Sheet, # 9 Summons)(Kirshman, Norman) (Entered: May 15, 2009)
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| May 15, 2009 |
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Case assigned to Judge James C. Mahan and Magistrate Judge George W Foley, Jr. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
2
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NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent,
and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the
Clerk's Office. (no image attached) (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
3
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Summons Issued as to James B. Gibson. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
4
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Summons Issued as to Andy Hafen. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
5
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Summons Issued as to Jack Clark. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
6
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Summons Issued as to Steven Kirk. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
7
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Summons Issued as to Gerri Schroder. (AXM) (Entered: May 15, 2009)
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| May 15, 2009 |
8
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CERTIFICATE of Interested Parties filed by Mary Kay Peck.. There are no known interested parties other than those participating in the case. (Kirshman, Norman) (Entered: May 15, 2009)
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| May 18, 2009 |
9
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PROPOSED SUMMONS to be issued City Clerk, City of Henderson, filed by Plaintiff Mary Kay Peck. (Kirshman, Norman) (Entered: May 18, 2009)
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| May 18, 2009 |
10
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Summons Issued as to City of Henderson. (AXM) (Entered: May 18, 2009)
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| May 21, 2009 |
11
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AMENDED COMPLAINT against all defendants, filed by Mary Kay Peck. No changes to parties. Proof of service due by 9/18/2009. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B 1-7, # 3 Exhibit Exhibit B 8-15, # 4 Exhibit Exhibit B 16-23, # 5 Exhibit Exhibit B 24-31, # 6 Exhibit Exhibit B 32-38, # 7 Exhibit Exhibit C)(Kirshman, Norman) (Entered: May 21, 2009)
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| June 1, 2009 |
12
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CERTIFICATE OF SERVICE for Summons & Complaint by Plaintiff Mary Kay Peck. (Kirshman, Norman) (Entered: June 1, 2009)
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| June 1, 2009 |
13
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CERTIFICATE OF SERVICE for Amended Complaint by Plaintiff Mary Kay Peck re 1
Complaint,. (Kirshman, Norman) (Entered: June 1, 2009)
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| June 8, 2009 |
14
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ANSWER to 11 Amended Complaint, filed also by Gerri Schroder, filed by City
of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk.(Cooper, William) (Entered: June 8, 2009)
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| June 9, 2009 |
15
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CERTIFICATE of Interested Parties filed by City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk.. There are no known interested parties other than those participating
in the case , filed also by Gerri Schroder. (Cooper, William) (Entered: June 9, 2009)
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| June 10, 2009 |
16
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ORDER Scheduling Early Neutral Evaluation Session: Early Neutral Evaluation set for 10/6/2009 09:30 AM in Chambers before Magistrate Judge Lawrence R. Leavitt. Signed by Magistrate Judge
Lawrence R. Leavitt on 6/10/09. (Copies have been distributed pursuant to the NEF - AXM) (Entered: June 10, 2009)
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| June 19, 2009 |
17
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MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Lawrence R. Leavitt, on 6/19/2009. At the request of counsel and for good cause shown, the Early Neutral Evaluation presently
set for 9:30 a.m. on Tuesday, October 6, 2009 is hereby vacated and rescheduled for 9:30 A.M. ON TUESDAY, OCTOBER 20, 2009 in Chambers before Magistrate Judge Lawrence R. Leavitt. The
confidential evaluation statements shall be provided to chambers not later than 4:00 p.m. on October 13, 2009.(no image attached) (Copies have been distributed pursuant to the NEF
- CAP) (Entered: June 19, 2009)
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| June 25, 2009 |
18
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MOTION for Judgment on the Pleadings by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Responses due by 7/13/2009. (Cooper,
William) (Entered: June 25, 2009)
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| July 9, 2009 |
19
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STIPULATION re 18 MOTION for Judgment on the Pleadings ; Extending Time
to Answer by Plaintiff Mary Kay Peck. (Kirshman, Norman) (Entered: July 9, 2009)
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| July 16, 2009 |
20
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PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Mary Kay Peck. (Kirshman, Norman) (Entered: July 16, 2009)
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| July 17, 2009 |
21
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SCHEDULING ORDER re: 20 Proposed Discovery Plan and Scheduling Order. Discovery due
by 12/7/2009. Motions due by 1/7/2010. Proposed Joint Pretrial Order due by 2/6/2010. Signed by Magistrate Judge George Foley, Jr on 7/17/09. (Copies have been distributed pursuant to the
NEF - ASB) (Entered: July 17, 2009)
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| July 17, 2009 |
22
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ORDER ON STIPULATION Granting 19 Stipulation for Extension of Time to File Response
to 18 MOTION for Judgment on the Pleadings. Responses due by 7/28/2009.
Signed by Judge James C. Mahan on 7/17/09. (Copies have been distributed pursuant to the NEF - ASB) (Entered: July 17, 2009)
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| July 21, 2009 |
23
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STRICKEN PER 27 ORDER - Emergency MOTION to Stay re 21 Scheduling Order, Discovery by Defendants City of Henderson, James B. Gibson,
Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Motion ripe 7/21/2009. (Cooper, William) Modified on 7/28/2009 (AXM). (Entered: July 21, 2009)
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| July 22, 2009 |
24
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RESPONSE to 23 Emergency MOTION to Stay re 21 Scheduling Order, Discovery, filed by Plaintiff Mary Kay Peck. Preliminary
Response Replies due by 8/5/2009. (Kirshman, Norman) (Entered: July 22, 2009)
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| July 23, 2009 |
25
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RESPONSE to 23 Emergency MOTION to Stay re 21 Scheduling Order, Discovery, filed by Plaintiff Mary Kay Peck. Supplemental
Response Replies due by 8/6/2009. (Kirshman, Norman) (Entered: July 23, 2009)
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| July 23, 2009 |
26
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RESPONSE to 18 MOTION for Judgment on the Pleadings, filed by Plaintiff Mary
Kay Peck. Replies due by 8/6/2009. (Attachments: # 1 Motion pgs 10-17, # 2 Exhibits A & B, # 3 Exhibit C, # 4 Exhibits D, E and F, # 5 Exhibits G and H, # 6 Declarations)(Kirshman, Norman) (Entered: July 23, 2009)
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| July 28, 2009 |
27
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ORDER Striking 23 Motion to Stay Discovery. Signed by Magistrate Judge George
Foley, Jr on 7/27/09. (Copies have been distributed pursuant to the NEF - AXM) (Entered: July 28, 2009)
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| July 29, 2009 |
28
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STIPULATION to Extend Time re 18 MOTION for Judgment on the Pleadings ;by
Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) . (Entered: July 29, 2009)
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| August 3, 2009 |
29
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Emergency MOTION to Stay Discovery by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Motion ripe 8/3/2009. (Cooper, William)
(Entered: August 3, 2009)
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| August 4, 2009 |
30
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Scheduling ORDER for 29 Motion to Stay Discovery - Responses due by 8/10/2009.
Replies due by 8/14/2009. Motion Hearing set for 8/17/2009 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Depositions in this matter are stayed pending decision on
Motion 29 . Signed by Magistrate Judge George Foley, Jr on 8/4/09. (Copies have
been distributed pursuant to the NEF - AXM) (Entered: August 4, 2009)
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| August 4, 2009 |
31
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RESPONSE to 29 Emergency MOTION to Stay Discovery, filed by Plaintiff Mary
Kay Peck. Replies due by 8/18/2009. (Kirshman, Norman) (Entered: August 4, 2009)
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| August 5, 2009 |
32
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ORDER ON STIPULATION Granting 28 Stipulation, for time to file reply to 18 MOTION for Judgment on the Pleadings. Replies due by 8/13/2009. Signed by Judge
James C. Mahan on 8/5/09. (Copies have been distributed pursuant to the NEF - AXM) (Entered: August 5, 2009)
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| August 10, 2009 |
33
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Supplemental RESPONSE to 29 Emergency MOTION to Stay Discovery, filed by
Plaintiff Mary Kay Peck. Replies due by 8/24/2009. (Kirshman, Norman) . (Entered: August 10, 2009)
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| August 13, 2009 |
34
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REPLY to Response to 18 MOTION for Judgment on the Pleadings ; filed by
Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) (Entered: August 13, 2009)
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| August 13, 2009 |
35
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ERROR: Wrong event selected by attorney. (RFJ) NOTICE by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder re 18 MOTION for Judgment on the Pleadings. Request For Ruling, or in the
Alternative Set a Hearing, on Defendants' Motion for Judgment on the Pleadings (Cooper, William) Modified on 8/14/2009. (Entered: August 13, 2009)
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| August 13, 2009 |
37
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MOTION For Ruling or in the Alternative set a Hearing re 18 MOTION for Judgment
on the Pleadings filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Responses due by 8/31/2009. (RFJ) (Entered:
08/14/2009)
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| August 14, 2009 |
36
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REPLY to Response to 29 Emergency MOTION to Stay Discovery ; filed by
Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit C, # 5 Exhibit D)(Cooper, William) (Entered: August 14, 2009)
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| August 14, 2009 |
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NOTICE of Docket Correction to 35 Notice (Other): ERROR: Wrong event selected by
Attorney William E. Cooper ; CORRECTION: Court refiled document using corrected event as 37 MOTION For Ruling or in the Alternative set a Hearing. (no image
attached)(RFJ) (Entered: August 14, 2009)
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| August 17, 2009 |
38
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MINUTES OF PROCEEDINGS - Motion Hearing held on 8/17/2009 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Melissa Jaime; Pla Counsel: Norman Kirshman; Def
Counsel: William Cooper; Court Reporter/FTR #: 10:51:51-11:36:36; Time of Hearing: 11:00 AM; Courtroom: 3A; The Court hears arguments of counsel. IT IS
ORDERED that 29 Motion to Stay Discovery is GRANTED. (Status Conference
set for 10/13/2009 09:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr..) (Copies have been distributed pursuant to the NEF - MAJ) (Entered: August 18, 2009)
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| August 18, 2009 |
39
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RESPONSE to 37 MOTION For Ruling or in the Alternative set a Hearing re 18 MOTION for Judgment on the Pleadings, filed by Plaintiff Mary Kay Peck. Replies
due by 9/1/2009. (Kirshman, Norman) (Entered: August 18, 2009)
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| September 30, 2009 |
40
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NOTICE of Hearing on 18 MOTION for Judgment on the Pleadings : Motion
Hearing set for 10/15/2009 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached)(SRB) (Entered: September 30, 2009)
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| October 2, 2009 |
41
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MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/2/2009. By Judicial Assistant: Julia Hill. RE: 38 The Status Conference set for 10/13/2009 at 9:00 AM
has been rescheduled to Thursday, October 29, 2009, at 2:00 p.m.in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed
pursuant to the NEF - JBH) (Entered: October 2, 2009)
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| October 6, 2009 |
42
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ORDER Denying as moot 37 Motion for a ruling, or to set hearing. Signed by Judge
James C. Mahan on 10/5/09. (Copies have been distributed pursuant to the NEF - AXM) (Entered: October 6, 2009)
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| October 15, 2009 |
43
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MINUTES OF PROCEEDINGS - Motion Hearing held on 10/15/2009 before Judge James C. Mahan. Crtrm Administrator: David Oakes; Pla Counsel: Norman Kirshman; Def Counsel:
William E. Cooper; Court Reporter/FTR #: Joy Garner; Time of Hearing: 10:00 a.m.; Courtroom: 6A; - Representations of counsel are heard - COURT ORDERED:
granting without prejudice 18 Motion for Judgment.; denying plaintiff's Rule 56
Motion for summary judgment( Submission of Proposed Order obo defendant is due by 10/22/2009.) (Copies have been distributed pursuant to the NEF - DXO) (Entered: October 15, 2009)
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| October 16, 2009 |
44
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Submission of PROPOSED ORDER on 18 MOTION for Judgment on the Pleadings ;
filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) (Entered: October 16, 2009)
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| October 16, 2009 |
45
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MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Lawrence R. Leavitt, on 10/16/2009. The ENE presently scheduled for 9:30 A.M. on TUESDAY, OCTOBER 20, 2009 before Judge Leavitt
is hereby vacated. (no image attached) (Copies have been distributed pursuant to the NEF - CAP) (Entered: October 16, 2009)
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| October 21, 2009 |
46
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ORDER that Defendants Rule 12(c) Motion for Judgment on the Pleadings is granted in its entirety. Plaintiffs 42 U.S.C. §1983 action is hereby dismissed without prejudice with leave to
amend, the individual Defendants are protected from suit by the doctrine of qualified immunity, Plaintiffs supplemental state claims are dismissed without prejudice and Plaintiffs
Fed.R.Civ.P. 56 Motion for Summary Judgment is denied. Signed by Judge James C. Mahan on 10/21/09. (Copies have been distributed pursuant to the NEF - AXM) (Entered: October 21, 2009)
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| October 27, 2009 |
47
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MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/27/2009. By Deputy Clerk: Julia Hill. RE: 41 Minute Order Setting Hearing
The Court having granted in its entirety Defendants' Motion for Judgment on the Pleadings and Plaintiffs' action being dismissed, the status hearing currently set for October 29, 2009
is hereby vacated. (Copies have been distributed pursuant to the NEF - JBH) (Entered: October 27, 2009)
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