Anderson v. First Student, Inc. et al
Colleen Anderson |
First Student, Inc., James Quinlan and Linda Briggs |
1:2010cv11829 |
October 27, 2010 |
US District Court for the District of Massachusetts |
Boston Office |
Plymouth |
Patti B. Saris |
Labor/Management Relations |
28 U.S.C. ยง 1441 |
Plaintiff |
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Filing 27 Judge Denise J. Casper: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS for 5 Motion to Dismiss filed by First Student, Inc., Linda Briggs, James Quinlan, 20 Report and Recommendations. Action on motion: For the foregoing reasons, the report and recommendation of Magistrate Judge Collings is ADOPTED and ACCEPTED in part by the Court. Accordingly, the Court adopts and accepts the report and recommendation to the extent that the Court now rules that Andersons Motion to Remand the complain t in its entirety (#10) is DENIED; the Defendants motion to dismiss (#5) is GRANTED in part as to Counts II, III and IV; and the Defendants Motion to strike Exhibits A-D (#14) is ALLOWED. The Court declines to adopt the report and recommendation to the extent that it recommended denial of dismissal of Count I pursuant to Fed. R.Civ. P. 12(b)(6). Instead, for the reasons stated above, this Court declines to exercise its supplemental jurisdiction over Count I and, accordingly, REMANDS Count I to state court. To the extent that the Report and Recommendation recommended that the Court give Anderson leave to amend her complaint, that recommendation is NOT adopted. So ordered. (Hourihan, Lisa) |
Filing 4 Judge Patti B. Saris: STANDING PROCEDURAL ORDER RE: SEALING COURT DOCUMENTS entered. (Patch, Christine) |
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