Stucker et al v. Benevolent and Protective Order of Herrin Elks #1146 et al
| Tina Stucker and Robert Stucker |
| Benevolent and Protective Order of Herrin Elks #1146, Illinois Elks Association and Benevolent and Protective Order of Elks of the United States of America |
| 3:2010cv01033 |
| December 21, 2010 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Williamson |
| J. Phil Gilbert |
| Stephen C. Williams |
| Employment |
| 28 U.S.C. ยง 1331 |
| Both |
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Filing
90
ORDER granting in part and denying in part 39 Motion to Dismiss brought by Defendant Benevolent & Protective Order of Elks of the United States of America ("BPOEUSA") and 46 Motion to Dismiss brought by Defendants Benevolent & Protectiv e Order of Herrin Elks #1146 and Illinois Elks Association. The motions are GRANTED to the extent that Plaintiff Tina Stucker's claim under 42 U.S.C. § 1981 and her claim under Illinois law for intentional infliction of emotional distress are DISMISSED, and Plaintiff Robert Stucker's claim for loss of consortium is DISMISSED; the Clerk of Court is directed to terminate Mr. Stucker as a party to this litigation on the electronic docket of the case. In all other respects, the motions to dismiss are DENIED. The Court DENIES as moot 54 Motion to Strike brought by BPOEUSA. The parties are directed to consult the attached order for further details. Signed by Judge G. Patrick Murphy on 1/11/2012. (jhs)
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