Opinion
Civil Action No. 12-cv-00090-RPM
03-08-2012
Senior District Judge Richard P. Matsch
ORDER ON DEFENDANTS' MOTION TO DISMISS
Upon consideration of the complaint, the defendants' motion to dismiss and plaintiff's opposition, it is
ORDERED that for the failure to state claims for relief and pursuant to Fed.R.Civ.P. 12(b)(6), the third and fourth claims for relief are dismissed and because the plaintiff has clarified that the first and second claims for relief are not alleged against the individual defendants, they are dismissed from this civil action. It is
FURTHER ORDERED that the defendants' motion to dismiss is denied in all other respects as to the first and second claims for relief, the scope of which will be considered at the scheduling conference.
BY THE COURT:
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Richard P. Matsch, Senior Judge