Citation Codes Equivalent Citations citation codes Docket Number Case No. 3:07-0929. Motions Motion to dismiss : In Part Judges Aleta Arthur Trauger See more information ... Smart Summary Please sign up to generate summary. DAVE BRAINARD, an indi v. dual, JUSTIN FAGERHAUG pka DUSTIN EVANS, an indi ORDER ALETA TRAUGER, District Judge For the reasons expressed in the accompanying Memorandum, the defendants' Motion to Dismiss Counts 2, 4, 5, 6, 7, and 8 of the Plaintiffs' Complaint (Docket No. 24) is GRANTED in part and DENIED in part. Counts 2, 4, 6, 7, and 8 are DISMISSED, while Count 5 is NOT DISMISSED. It is so ordered.