Clarkson v. Sherri's Inc. et al
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|Date Filed||#||Document Text|
|October 27, 2010
MEMORANDUM OPINION & ORDER: 1) Deft Sherri's Inc (d/b/a Night Moves), motion for summary judgment 39 is DENIED; 2) Pltf's motion for extension of time under Fed. R. Civ. P. 6(b) 53 is GRANTED. Pltf shall file his motion f or substitution upon suggestion of death w/in 90 days of the entry of this order; 3) Motion of Defts, Mason County, Jailer Gerald Curtis, and Deputy Jailer John Hickerson, for summary judgment 40 is GRANTED, with respect to Pltf's feder al law claims, and all federal claims be, and are hereby, DISMISSED WITH PREJUDICE; 4) The court declines to exercise its supplemental jurisdiction over Pltf's state law claims against Defts, Mason County, Jailer Gerald Curtis, and Deputy Jailer John Hickerson, under 28 U.S.C. § 1367(c)(3), and those claims be, and are hereby, DISMISSED WITHOUT PREJUDICE; 5) The court exercises its supplemental jurisdiction over Pltf's state law claims against Deft Sherri's Inc. (d/b/a Night Moves) and Deft John Kerley, under 28 U.S.C. § 1367(a); 6) This matter is set for FINAL PRETRIAL CONFERENCE on 3/1/2011 at 01:00 PM in COVINGTON before Judge William O. Bertelsman, and the parties are to comply with the Fin al Pretrial Conference Order concurrently entered herewith; and 7) This matter is set for JURY TRIAL on 3/7/2011 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (Court Reporter JOAN AVERDICK) Signed by Judge William O. Bertelsman on 10/27/2010. (ECO)cc: COR
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