Burns, et al. v. City of Alexander City, et al. (JOINT ASSIGN)(MAG+)
| Kolea Burns |
| City of Alexander City, Tommy Maness, Huddle House, Inc., Daniel Yates, Lynn Patterson, LeGina Watson and D&L Foods, Inc. |
| 3:2014cv00350 |
| May 14, 2014 |
| US District Court for the Middle District of Alabama |
| Opelika Office |
| Tallapoosa |
| Paul W. Greene |
| Myron H. Thompson |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
77
MEMORANDUM OPINION AND ORDER: (1) Plaintiffs' 65 motion for discovery is TERMED AS MOOT; (2) The motions to strike filed by the Huddle House Defendants (Doc. 60 ) and the Alexander City Defendants (Doc. 63 ) are GRANTED; (3) The 49 motion to dismiss filed by the Huddle House Defendants is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in that (a) Plaintiff G.C. lacks standing to bring the claims asserted in the Second Amended Complaint and all claims brought by G.C. are DI SMISSED WITH PREJUDICE, and (b) all state law claims are DISMISSED WITH PREJUDICE with the exception that Plaintiff Kolea Burns, as the personal representative of the Estate of Emerson Crayton, Jr., deceased, maintains a state law claim for wrongful death against the Huddle House Defendants. The motion to dismiss is otherwise DENIED; (4) The 52 motion to dismiss filed by the Alexander City Defendants is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED in that (a) Plaintiff G.C. lacks standing to bring the claims asserted in the Second Amended Complaint and all claims brought by G.C. are DISMISSED WITH PREJUDICE, (b) all state law claims are DISMISSED WITH PREJUDICE with the exception that Plaintiff Kolea Burns, as the personal re presentative of the Estate of Emerson Crayton, Jr., deceased, maintains a state law claim for wrongful death against the Alexander City Defendants, (c) the Fourteenth Amendment claims are DISMISSED WITH PREJUDICE, and (d) the official capacity claims against Defendant Maness are DISMISSED WITH PREJUDICE as redundant of the claims asserted against the City of Alexander City. The balance of the motion is DENIED; (5) Plaintiff Kolea Burns, as the personal administrator of the Estate of Emerson Cray ton, Jr., deceased, is the sole named plaintiff in this lawsuit; and, (6) The parties shall proceed to discovery on Plaintiff Burns's remaining claims consistent with the Scheduling Order. (Doc. 76 ). Signed by Honorable Judge Paul W. Greene on 6/5/2015. (kh, ) Modified on 6/5/2015 to correct the docket title (kh, ).
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