Tunne v. Hendrick et al
| Mark Tunne |
| Paul Maynard Hendrick, Jarrod Ashley Turner, Wayne Shelton, Thomas L. Osborne, Laxmaiah Manchikanti, Student Loan X-Press and John Does |
| 5:2010cv00181 |
| October 12, 2010 |
| US District Court for the Western District of Kentucky |
| Paducah Office |
| XX US, Outside State |
| Thomas B. Russell |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
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Filing
118
MEMORANDUM OPINION AND ORDER: The motions by Defendants, Wayne Shelton, Student Loan X-Press, and Jarrod Ashley Turner, to strike surreplies filed by Plaintiff 112 , 113 and 114 are denied. The motions by Defendants, Wayne Shelton and Laxma iah Manchikanti, to dismiss all claims asserted by Plaintiff against them for failure to state a claim 56 and 60 are granted. Plaintiffs claims are dismissed without prejudice. The motion by Defendants, Student Loan X-Press, Paul Maynard Hendrick , and Jarrod Ashley Turner, to dismiss for failure to state a claim 63 , 66 and 74 are granted in part and denied in part. The motions by Hendrick, Turner, and SLX to dismiss Plaintiffs claims for federal and state antitrust violations are deni ed. The motion by Hendrick and Turner to dismiss Plaintiffsclaims for common law fraud are denied. All Plaintiffs remaining claims are dismissed without prejudice. Signed by Chief Judge Joseph H. McKinley, Jr on 8/24/12. cc:counsel, Mark Tunne (pro se), Paul Maynard Hendrick (pro se) (JBM)
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Filing
54
MEMORANDUM OPINION AND ORDER: The motions by Defendants, Wayne Shelton, Student Loan X-Press, and Thomas L.Osborne, to dismiss the complaint for insufficient service of process pursuant to Fed. R. Civ. P.12(b)(5) 28 , 29 and 30 are denied. The m otions by Defendants, Wayne Shelton, StudentLoan X-Press, and Thomas L. Osborne, to dismiss the complaint for failure to state a claim pursuantto Fed. R. Civ. P. 12(b)(6) 28 , 29 and 30 and the motion by Defendant, Laxmaiah Manchikanti, for judg ment on the pleadings 41 are denied as moot with leave to refile. (2) The Clerk of Court shall prepare and issue summons for Defendants, Paul Maynard Hendrick, Wayne Shelton, Thomas Osborne, Laxmaiah Manchikanti, and Student Loan X-Press,and that t he United States Marshal shall serve a copy of the complaint 1 , the amended complaint 8 , and summons on these Defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(c)(3). (3) The motion by Plaintiff, Mark Tunne, pro se, for sanctions and correction pursuant to Rule 60 and to strike Plaintiffs amended complaint and default judgment motion pursuant to Rule12(f) 31 is granted in part and denied in part. Specifically, the motion by Plaintiff for sanctions pursuant to Fed. R. Civ. P. 60 is denied. The motion by Plaintiff to strike his amended complaint pursuant to Fed. R. Civ. P. 12(f) is denied. The motion by Plaintiff to strike the motion for default judgment against Paul Hendrick is gran ted. The motion by Plaintiff for an order directing the Clerk of Court to serve the complaint on Defendants is granted. (4) The motions by Plaintiff for default judgment against Defendant, Paul Hendrick, 24 and 26 are denied as moot. Signed by Chief Judge Joseph H. McKinley, Jr on 12/28/11. cc:counsel, Mark Tunne (pro se) (JBM)
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