Venegas et al v. Wright State University et al
| Diego Venegas and Marc Sodini |
| Wright State University and Chris Taylor |
| 3:2016cv00377 |
| August 31, 2016 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| GREENE |
| Walter H. Rice |
| Civil Rights: Education |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
15
CLERK'S JUDGMENT. Signed on 11/29/17. (kma)
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Filing
11
DECISION AND ENTRY SUSTAINING MOTION TO DISMISS OF DEFENDANTS WRIGHT STATE UNIVERSITY AND CHRIS TAYLOR (DOC # 5 ) AS TO CLAIMS ONE THROUGH FOUR FOR LACK OF SUBJECT MATTER JURISDICTION, SUSTAINING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STA TE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (DOC. # 5 ) AS TO CLAIM FIVE, AND OVERRULING DEFENDANTS' MOTION AS TO CLAIM SIX, SUBJECT TO RENEWAL IF PLAINTIFFS CHOOSE TO FILE AN AMENDED COMPLAINT; MOTION FOR LEAVE TO FILE AMENDED COMPLAINT OF PLAI NTIFFS DIEGO VENEGAS AND MARC SODINI (DOC # 7 ) IS OVERRULED, AS PLAINTIFFS HAVE NOT SET FORTH CLAIMS THAT WOULD SURVIVE A MOTION TO DISMISS; PLAINTIFFS' CLAIMS TWO THROUGH FIVE ARE DISMISSED WITH PREJUDICE, AND JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS ON THOSE CLAIMS; PLAINTIFFS MAY FILE AN AMENDED COMPLAINT AS TO CLAIM ONE WITHIN TWENTY-ONE DAYS OF THIS ENTRY, SUBJECT TO THE CONDITIONS SET FORTH HEREIN AND THE STRICTURES OF RULE 11 ; IF PLAINTIFFS FAIL TO FILE A VIABLE AMENDED CLAIM ONE, THEN THE COURT WILL DISMISS CLAIM SIX WITHOUT PREJUDICE TO REFILING IN A STATE COURT OF COMPETENT JURISDICTION. Signed by Judge Walter H. Rice on 8/21/17. (pb) Modified on 8/21/2017 (pb).
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