Hernandez v. DISD et al
| Gilberto Hernandez |
| DISD, Jacqueline Lovelace, Dr. Sheryl Wilson, Cynthia Garza and John Donnelly |
| 3:2014cv00022 |
| January 3, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Barbara M.G. Lynn |
| Renee Harris Toliver |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
39
Memorandum Opinion and Order: Defendant's Second Motion 36 to Dismiss or Alternatively, First Motion for Judgment on the Pleadings, Objections to Plaintiff's Pleading, First Amended Answer and Affirmative Defenses is GRANTED IN PART, an d this case is DISMISSED WITHOUT PREJUDICE. See Bass, 180 F.3d at 246 ("dismissal of the pendent claims should expressly be without prejudice so that the plaintiff may refile his claims in the appropriate state court"). Because the Court declines to continue to exercise supplemental jurisdiction over Plaintiff's sole remaining state law claim, Defendants' other arguments are not reached. (Ordered by Magistrate Judge Renee Harris Toliver on 11/4/2015) (mcrd)
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Filing
28
MEMORANDUM OPINION AND ORDER granting in part 23 Motion to Dismiss. All of Plaintiff's causes of action are DISMISSED WITH PREJUDICE, except his claim under the Texas Whistle-blower Act. Plaintiff is permitted to amend that claim, no later than 12/22/2014. Barring a curing amendment by that deadline, such claim will likewise be DISMISSED WITH PREJUDICE. (Ordered by Magistrate Judge Renee Harris Toliver on 12/17/2014) (mcrd) Modified event and text on 12/18/2014 (skt).
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