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Threaston Warren, Jr., et al v. Albert Fisher

March 19, 2013

THREASTON WARREN, JR., ET AL., PLAINTIFFS,
v.
ALBERT FISHER, III, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Jerome B. Simandle Chief U.S. District Judge

ORDER

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.

Jerome B. Simandle

20130319

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