Warren v. Fisher

JEROME B. SIMANDLE

This matter having come before the Court on the motion for judgment on the pleadings and a motion for partial summary judgment [Docket Item 85] brought by Defendants Albert W. Fisher III, Joseph J. Hannagan, Jr., and Robert Howell; for the reasons stated in the Opinion of today's date; and for good cause shown;

IT IS this 19th day of March , 2013 hereby

ORDERED that the motion for judgment on the pleadings as to Count I (Equal Protection) and Count IV (civil Conspiracy) is GRANTED WITHOUT PREJUDICE in favor of the moving defendants; Plaintiffs will have thirty (30) days from the date of entry of this Order to file a motion to seek leave to file an amended complaint curing the pleading deficiencies noted in the Opinion of today's date; and it is further

ORDERED that the motion for judgment on the pleadings as to Counts II, III & IV is GRANTED with prejudice in favor of the moving defendants; and it is further

ORDERED that the motion for summary judgment on Counts V & VII is GRANTED as to the moving defendants.

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JEROME B. SIMANDLE

Chief U.S. District Judge