Cobb v. State of Alabama, Department of Human Resources et al
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|Date Filed||#||Document Text|
|January 7, 2010
ORDERED that 33 Recommendation of the Magistrate Judge is ADOPTED;(2) Defendants' 28 Motion to Dismiss or in the Alternative, for More Definite Statement is DENIED insofar as it seeks dismissal of the complaint but GRANTED as to the request for a more definite statement; and (3) Plaintiff's 31 Motion to Amend Her Amended Complaint is GRANTED and plaintiff's proposed amended complaint, attached to the Motion to Amend, should be docketed as plaintiff's third amended complaint and defendants shall file their answer or other pleading in response to the third amended complaint as directed by the FRCP. Signed by Hon. Chief Judge Mark E. Fuller on 1/7/2009. (cb, )
|November 23, 2009
MEMORANDUM OPINION AND ORDER that 14 Motion to Dismiss on Behalf of a Deceased Party is DENIED as further set out in order. Signed by Hon. Chief Judge Mark E. Fuller on 141/23/2009. (cb, )
|October 7, 2009
ORDER that 18 Objection to the Recommendation for the Magistrate Judge is OVERRULED; (2) The 17 Recommendation of the Magistrate Judge is ADOPTED in part and REJECTED in part as set out; (3) Defendant's 5 Motion to Dimiss, or int he Alternat ive, for More Definite Statement is DENIED insofar as it seeks dismissal of the complaint prior to amendment but GRANTED as to the Request for a more definite statement; (4) Plaintiff's Motion for Leave to File Amended Complaint is GRANTED; (5) Plaintiff's Motion to Amend Motion for Leave to File Amended Complaint is GRANTED; (6) Plaintiff is DIRECTED to show cause why 14 Motion to Dismiss on Behalf of Deceased Party should not be GRANTED on or before October 30, 2009; and (7) Defend ants' 9 Second Motion to Dismiss, 13 as supplemented, is DENIED to the extent that it seeks dismissal of this matter for failure to state a claim upon which relief can be granted, but GRANTED to the extent that it seeks an Order requiring Plaintiff to make a more definite statement. Signed by Hon. Chief Judge Mark E. Fuller on 10/7/2009. (cb, ) Modified on 10/8/2009 to create a link to the second supplemental motion (cb, ).
|September 1, 2009
REPORT AND RECOMMENDATIONS of the undersigned Magistrate Judge that Defendants' 9 Second Motion for Dismiss, and 13 Motion to Dismiss, as supplemented be GRANTED and this matter DISMISSED for failure to state a claim upon which relief can be granted. The Magistrate Judge further RECOMMENDS as follows:(1) The 5 Motion to Dismiss, or IN the Alternative, for More Definite Statement is DENIED as it seeks dismissal of the complaint prior to amendment but GRANTED as to the request for a mo re definite statement; (2) Plaintiff's 7 Motion for Leave to File Amended Complaint be GRANTED; (3) Plaintiff's 11 Motion to Amend Motion for Leave to File Amended Complaint is DENIED as moot; (4) Defendants' 14 Motion to Dismiss on behalf of Deceased Party be DENIED as moot. Objections to R&R due by 9/14/2009. Signed by Honorable Wallace Capel, Jr on 9/1/2009. (cb, ) Modified on 9/17/2009 (cb, ).
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