Spruel et al v. Cinemark USA, Inc.
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|Date Filed||#||Document Text|
|April 17, 2013
ORDER re 10 Motion to Dismiss for Failure to State a Claim; 20 Motion to Consolidate Cases: 1. The recommendation of the magistrate judge as to the seven cases as to which the recommendation was directed, for example docket #41 in case 12 cv2514, is ACCEPTED after de novo review, except as to the wrongful death claims in certain of the cases. 2. Defendants' motions to dismiss in each of the ten cases, for example docket #15 in case 12cv2514, are GRANTED IN PART AND DENIED IN PART. The negligence claims are dismissed with prejudice. The Premises Liability Act claims are not dismissed. To the extent wrongful death claims are derivative of liability under the Premises Liability Act, they are not dismissed. 3. Cinemark 039;s unopposed motions to consolidate the ten listed cases for purposes of discovery and motion practice consistent with the terms of this Court's scheduling order issued on November 26, 2012, for example docket #48 in case 12cv2514, are GRANTED. By Judge R. Brooke Jackson on 04/17/13. (alvsl)
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