Opinion
CIVIL 5:24-cv-01435-JMG
10-18-2024
ORDER
JOHN M. GALLAGHER, UNITED STATES DISTRICT COURT JUDGE
AND NOW, this 18th day of October, 2024, upon consideration of Defendants' Motion to Dismiss (ECF No. 29) and Plaintiff's Response in Opposition to Defendants' Motion to Dismiss (ECF No. 34), IT IS HEREBY ORDERED:
1. Defendants' Motion to Dismiss (ECF No. 29) is GRANTED IN PART and DENIED IN PART.
a. The Motion (ECF No. 29) is GRANTED as to Count I, and Count I is DISMISSED without prejudice.
b. The Motion (ECF No. 29) is DENIED as to Count II.
c. The Motion (ECF No. 29) is GRANTED IN PART and DENIED IN PART as to Count III. Count III is DISMISSED without prejudice as to Defendants Roscioli and Sletvold. Count III REMAINS against Defendants Greene and Dally.
d. The Motion (ECF No. 29) is GRANTED as to Count IV, and Count IV is DISMISSED without prejudice.