Liska v. Officer David Dodge, Badge #127 et al
| Jesdeen nee Keenan, R.N Liska |
| Officer David Dodge, Badge #127, Jane Doe Dodge, husband and wife, Lake Havasu City Police Department, an administrative agency of Lake Havasu City, Lake Havasu City, a Municipal Corporation, a Municipal Corporation, Lake Havasu City Police Chief Dan Doyle and Jane Doe Doyle, husband and wife, Dr. Brian Gallman, D.O. and Jane Doe Gallman, husband and wife, Walgreens Pharmacy; a foreign corporation, Erma Johnson and John Doe Johnson, wife and husband, Parker Indian Hospital, a health care facility administered by the United States Department of Health and Humand Services, John Does 1-5, Jane Does 1-5 and ABC Corporations 1-5 |
| 3:2009cv08190 |
| October 23, 2009 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Mohave |
| Neil V Wake |
| None |
| 28:1442 Petition for Removal |
| None |
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Filing
55
ORDER, Counts VI, XIII, XV, and XVIII are dismissed with prejudice; the Clerk shall enter judgment against Plaintiff and in favor of Defendants on all counts except for Counts V and XIV against Officer David Dodge, Jane Doe Dodge, and Lake Havasu Cit y; Count XVII against Lake Havasu City; and Counts XIX and XX against Dr. Brian Gallman, Jane Doe Gallman, Officer David Dodge, Jane Doe Dodge, and Lake Havasu City; the Court expressly finds there is no just reason for delay in entry of this judgmen t and expressly directs immediate entry of this judgment; this case shall be remanded to the Mohave County Superior Court for further proceedings regarding Counts V and XIV against Officer David Dodge, Jane Doe Dodge, and Lake Havasu City; Count XVII against Lake Havasu City; and Counts XIX and XX against Dr. Brian Gallman, Jane Doe Gallman, Officer David Dodge, Jane Doe Dodge, and Lake Havasu City; the Clerk shall terminate this action. Signed by Judge Neil V Wake on 4/14/10. (REW)
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Filing
51
ORDER, that Defendant Dodge's Motion to Dismiss 6 and Lake Havasu City, Chief Doyle, Lisa Doyle and Lake Havasu Police Department's Motion to Dismiss and Joinder in Defendant Dodge's Motion to Dismiss 27 are granted in part and den ied in part; Defendant Walgreen Arizona Drug Company's Motion to Dismiss and Joinder in Defendant Dodge's Motion to Dismiss 22 and Defendants Gallman's Joinder in Defendant Dodge's Motion to Dismiss (Sections B, C, E) on Behalf of Defendants Gallman 16 are granted; Defendant United States' Motion to Dismiss 23 is denied for dismissal under Fed. R. Civ. P. 12(b)(5) and otherwise granted under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 2674; all claims against the Lake Havasu City Police Department, Police Chief Dan Doyle, and Jane Doe Doyle are dismissed with prejudice; all state law claims for punitive damages against Officer David Dodge, Jane Doe Dodge, and Lake Havasu City are dismissed with prejudice pur suant to A.R.S. § 12-820.04 and all claims for punitive damages against the United States are dismissed with prejudice pursuant to 28 U.S.C. § 2674; Counts I, II, III, IV, VII, VIII, IX, X, XI, XII, and XVI are dismissed with prejudice for failure to state a claim upon which relief can be granted and because amendment would be futile; Counts XIX and XX are dismissed with prejudice for failure to state a claim upon which relief can be granted and because amendment would be futile as to the United States and Walgreen Arizona Drug Company; Counts XIX and XX are not dismissed as to Dr. Gallman, Officer Dodge, and Lake Havasu City; Counts VI, XIII, XV, and XVIII are dismissed without prejudice; Counts V and XIV against Officer Dodge and Lake Havasu City and XVII against Lake Havasu City are not dismissed; Plaintiff may file a proposed Amended Complaint alleging claims not dismissed with prejudice by 4/10/10. Signed by Judge Neil V Wake on 3/19/10.(REW)
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