Emesowum v. Llagostera et al
| Benedict Emesowum |
| Terri Llagostera, Meadows Southwest Apartments, Gar Associates LP, Pitt Southwest Investors, Inc and Oak Leaf Management |
| 4:2013cv02818 |
| September 19, 2013 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Ewing Werlein |
| Rent, Lease, and Ejectment |
| 42 U.S.C. ยง 405 |
| None |
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Filing
44
MEMORANDUM AND ORDER. It is ORDERED that Defendants Terri Llagostera' s and Oak Leaf Management, Inc.'s Motion to Dismiss for Failure to State a Claim and to Comply with the Court's Order for More Definite Statement (Document No. 28 ), Defendant GAR Associates, LP's Motion to Dismiss for Failure to State a Claim and to Comply with the Court's Order for More Definite Statement (Document No. 33 ), and Defendant Hoover Slovacek LLP's Motion to Dismiss for Failure to State a Claim (Document No. 35 ) are GRANTED with respect to Plaintiff's § 1983, § 1985, and Fair Housing Act claims, and all of Plaintiff's federal claims are dismissed with prejudice for failure to state a claim upon which rel ief can be granted. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and those claims are dismissed without prejudice to Plaintiff refiling them in an appropriate state court. It is further ORDERED that Defendants GAR Associates, LP's, Pitt Southwest Investors, Inc.'s, Oak Leaf Management Company's, and Terri Llagostera's Motion for Sanctions (Document No. 20 ), Defendants Terri Llagostera's and Oak Leaf Management, Inc.&# 039;s Motion to Show Cause, for Contempt of Court and Sanctions (Document No. 30 ), and Defendants GAR Associates, LP's and Hoover Slovacek LLP's Motion to Show Cause, for Contempt of Court and Sanctions (Document No. 37 ) are DENIED as p rocedurally defective. It is further ORDERED that Plaintiff's Motion to Strike Defendant's Proposed Joint Discovery/Case Management Plan and Motion to Strike Defendant's Response to Plaintiff's Amended Motion for Default Judgment and Defendant's Motion for Sanctions (Document No. 23 ), Plaintiff's Second Motion for Default Judgment (Document No. 27 ), and Plaintiff's Motion for Court to Fund Reasonable Compensation for Expert Witnesses (Document No. 42 ) are DENIED. (Signed by Judge Ewing Werlein, Jr) Parties notified.(gkelner, 4)
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