Wilkinson v. Washington City, Inc.

Full title: PAUL A. WILKINSON, DONNA WILKINSON, ELDON D. EAST, and SHERENE EAST…

Court: United States District Court, D. Utah, Central Division

Date published: Jun 30, 2004

Case No. 2:04-CV-306 (D. Utah Jun. 30, 2004)

Opinion

Case No. 2:04-CV-306.

June 30, 2004

ORDER

TENA CAMPBELL, District Judge

For the reasons set forth at the June 30, 2004 hearing on Defendant's Motion for Partial Judgment on the Pleadings, the court ORDERS as follows:

1. The court finds that Plaintiffs' Complaint, as currently pled, does not state a claim for relief under 42 U.S.C. § 1983. The court, however, withholds a final ruling on Defendant's Motion for Partial Judgment on the Pleadings and grants Plaintiffs leave to file a motion to amend the complaint with a proposed amended complaint attached no later than three weeks from the date of this Order. Defendant may file an opposition to the motion to amend if it so desires. Plaintiffs may then file a reply memorandum if they so desire. The briefing schedule is to be governed by Local Rule DUCivR 7-1.

2. The court withholds ruling on the issue of whether Plaintiffs state a claim for conversion until resolution of pleading issues concerning Plaintiffs' federal claims against Defendant.

IT IS SO ORDERED.