Tracy et al v. SSM Cardinal Glennon Children's Hospital et al
| Rachel Tracy and D.T. |
| SSM Cardinal Glennon Children's Hospital, Amy Meyer, JOHN DOES 1 THROUGH 30, Ayoob Ali, Brian Kinkade and Samuel Dotson III |
| 4:2015cv01513 |
| October 2, 2015 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Charles A. Shaw |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
127
MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendants SSM Cardinal Glennon Children's Hospital, Dr. Ayoob Ali and Dr. Mohamad Al-Hosni's motion to dismiss Count II for failure to obtain the affidavit required by § 538. 225, Missouri Revised Statutes, and to dismiss Count III of Plaintiffs' Third Amended Complaint for failure to state a claim, is GRANTED. [Doc. 64]IT IS FURTHER ORDERED that defendant Samuel Dotson, III in his official capacity as Chief o f Police of the St. Louis Metropolitan Police Department's motion to dismiss Count III of Plaintiffs' Third Amended Complaint for failure to state a claim is GRANTED. [Doc. 71] IT IS FURTHER ORDERED that defendant Brian Kinkade in his official capacity as Director of the Missouri Division of Social Services, Childrens Division's motion to dismiss Count III of Plaintiffs' Third Amended Complaint for lack of subject matter jurisdiction is GRANTED. [Doc. 62] Defendan t Kinkade's motion to dismiss Count III for failure to state a claim is DENIED as moot. [Doc. 62] IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over plaintiffs' remaining state law claim for fals e imprisonment in Count and will dismiss that claim without prejudice. IT IS FURTHER ORDERED that plaintiffs' claims against defendants John Does 1 through 30 are DISMISSED without prejudice. IT IS FURTHER ORDERED that all other pending motions are DENIED as moot. [Docs. 101, 106, 108, 114, 117] An Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 7/12/2015. (MRC)
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Filing
58
MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that plaintiffs' motion for leave to file a Third Amended Complaint is GRANTED. [Doc. 53] IT IS FURTHER ORDERED that pending motions to dismiss the Second AmendedComplaint are DENIE D as moot, without prejudice. [Docs. 42, 47]. IT IS FURTHER ORDERED that the Clerk of the Court shall detach and docket the Third Amended Complaint, which was submitted as an attachment to plaintiffs' motion for leave.. Signed by District Judge Charles A. Shaw on 1/13/2016. (MRC)
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