Buckner v. Shumlin et al
| Sean Buckner |
| Erik McNeice, William Jenkins, James Beraldi, Peter Shumlin, William Sorrell, Keith W. Flynn, Robert D. Ide, Howard A. Kalfus, Robert Appel, Joseph Bahr, Nelson Campbell, Paul Erlbaum, Tom Marsh, Steven Soares, Hunter Rieseberg, Glenn Cutting, Linda Shedd, Richard Slusser and John Zonay |
| 1:2012cv00090 |
| May 4, 2012 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| Windsor |
| J. Garvan Murtha |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
79
OPINION AND ORDER: granting in part and denying in part 46 , 61 , 64 and 65 Motions to Dismiss ; denying 72 Motion for Injunctive Relief to Refrain from Destroying Evidence; denying 72 Motion to Produce Evidence Requested ; denying 73 Motion to Enforce. This case is DISMISSED with leave to amend. Plaintiff may file a Second Amended Complaint within 30 days of this Opinion and Order. Failure to file a timely Amended Complaint by January 13, 2014 will result in the dismissal of all federal claims with prejudice, and all state law claims without prejudice. Signed by District Judge J. Garvan Murtha on 12/13/2013. (wjf)
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Filing
44
ORDER: Pltf's 5 Motion to Expedite and 6 Motion to Subpoena are DENIED. Dft's 12 , 15 , 36 , and 42 Motions to Dismiss are GRANTED. Pltf's 37 Motion to Amend Complaint is GRANTED to the extent that all Defendants, with the ex ception of Defendants Kalfus, Cutting, and Rieseberg, may be named andserved in their individual capacities, and Buckner may amend his claims against Defendants Marsh and Soares. The motion to amend is otherwise DENIED. All claims against Defendants Kalfus, Cutting, and Rieseberg are DISMISSED.Plaintiff shall file an amended complaint, consistent with this Opinion and Order, on or before April 5, 2013. Signed by District Judge J. Garvan Murtha on 3/5/2013. (kak)
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