Kalmbach et al v. James Hill et al
| Robert Kalmbach, Sr., Robert Kalmbach, Jr., Gary Kalmbach and Kevin Kalmbach |
| James Hill, T. Draze, Oregon State Police and John Does 1-5 |
| 3:2007cv00786 |
| May 25, 2007 |
| US District Court for the District of Oregon |
| Portland Office |
| Outside State |
| Garr M. King |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
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Filing
68
OPINION AND ORDER. For the foregoing reasons, OSP's Motion for Summary Judgment (#38) is granted, Draze's Motion to Substitute OSP for Draze (#43) is granted, and Draze's Motion for Summary Judgment (#45) or Motion to Dismiss (# 57) is granted. The only remaining claims against Hill are counts one (negligence), two (negligence per se) and six (intentional infliction of emotional distress). The loss of consortium claim (count seven) is dismissed as a matter of law as to all defendants, including Hill. Hill has been served but has not filed an answer. Plaintiffs must inform the Court how they wish to proceed by February 17, 2009. IT IS SO ORDERED. Signed on 02/02/09 by Judge Garr M. King. (pvh)
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