Opinion
3:21cv1759
03-27-2024
DEBRA MCCARTHY, DEVIN MCARTHY, and OLUWATOMISIN OLASIMBO, Plaintiffs v. RAUL JAUREGUI and DANIEL BOYE, Defendants
CARLSON, MAGISTRATE JUDGE.
ORDER
JULIA K. MUNLEY, JUDGE UNITED STATES DISTRICT COURT.
AND NOW, to wit, this 27th day of March 2024, it is hereby ORDERED as follows:
1) Magistrate Judge Martin C. Carlson's report and recommendation (“R&R”) (Doc. 43) is ADOPTED in part
A) The R&R is ADOPTED regarding the jurisdictional issue raised as a part of Defendant Daniel Boye's motion to dismiss (Doc. 15) and that portion of the motion is DENIED;
B) The R&R is ADOPTED with regard to the portion of Defendant Daniel Boye's motion to dismiss Count 1 of the complaint and that portion of the motion to dismiss is DENIED;
C) The R&R is also ADOPTED with regard to the motions to dismiss Count 6 of the complaint, and those portions of the motions to dismiss are GRANTED Count 6 is DISMISSED;
D) The R&R is ADOPTED with regard to the portion of Defendant Jauregui's motion to dismiss (Doc. 13) aimed at the intentional infliction of emotional distress claim found in Count 5 and that portion of the motion is DENIED;
E) The R&R is ADOPTED with regard to Defendant Daniel Boye's motion for sanctions (Doc. 16) and this motion is DENIED;
2) The R&R is NOT ADOPTED with regard to the motions to dismiss Counts 2, 3, and 4 of the amended complaint and the portions of the motions to dismiss (Doc. 13, Doc. 15) dealing with these counts are GRANTED. Counts 2, 3, and 4 are DISMISSED;
3) Remaining in this case are Count 1 - Plaintiff Devin McCarthy versus Daniel Boye for battery and Count 5 - Plaintiff Devin McCarthy versus both defendants for intentional infliction of emotional distress. Accordingly, Plaintiffs Debra McCarthy and Oluwatomisin Olasimbo are completely dismissed from this case; and
4) The Clerk of Court is directed to remand this case to Magistrate Judge Carlson for further pretrial management.