Westermeyer v. Kentucky Department of Public Advocacy et al
| Jennifer Westermeyer |
| Kentucky Department of Public Advocacy, Edward C. Monahan, Damon Preston and John Delaney |
| 2:2010cv00131 |
| June 18, 2010 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| Kenton |
| William O. Bertelsman |
| Candace J. Smith |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
30
MEMORANDUM OPINION & ORDER: 1) To extent Plf. Jennifer Westermeyer seeks to incorporate claims into Amended Complaint which were dismissed previously, those claims are again DISMISSED, w/prejudice, for the reasons outlined in Court's Memo . Opinion and Order dated 3/3/2011 25 ; 2) In accordance w/Rule 12 of FRCP, Counts Nine and Ten of Plf. Westermeyer's amended complaint are DISMISSED, w/prejudice, for failure to state a claim upon which relief may be granted; 3) Action is DISMISSED and STRICKEN from Court's docket. A separate Judgment will be entered this date in accordance with Memorandum Opinion and Order. Signed by Judge Danny C. Reeves on 5/2/2011.(KRS)cc: COR
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Filing
25
MEMORANDUM OPINION & ORDER: 1) Defts' M/Dismiss 5 is GRANTED, in part. Pltf's ADA, FMLA, and § 1983 claims against Defts KY Dept. of Public Advocacy, Edward Monahan, Damon Preston, and John Delaney in their official capacitie s DISMISSED, w/prejudice. Pltf's ADA, FMLA, and Title VII claims against Defts Monahan, Preston, and Delaney in individual capacities are DISMISSED, w/prejudice. Pltf's Title VII claims against Defts KY Dept. of Public Advocac y and Monahan, Preston, and Delaney in official capacities DISMISSED, w/o prejudice; 2) Defts' M/Dismiss 5 DENIED, w/o prejudice to being renewed later date, re Pltf's § 1983 claims against Defts Monahan, Preston, and D elaney in individual capacities; 3) Pltf given 14 days from today's date to amend Complaint and provide more definite statement re her § 1983 claims against Defts Monahan, Preston, and Delaney in individual capacities. Failure to meet deadline will result in remainder of Pltf's complaint being dismissed and stricken from docket. Signed by Judge Danny C. Reeves on 3/3/2011.(ECO)cc: COR
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