| 2013-10-16 |
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MEMORANDUM Opinion and Order. Defendants' motion to dismiss Claim 4 and Claim 5 (Dkt. No. 56) is denied. The court agrees with Defendants, however, that certain allegations in the Third Amended Complaint cannot form the basis for Petrishe' s Brady claim. Accordingly, sub-paragraphs 92.a., 92.b., 92.d., 92.e., 92.f., and 92.g. are stricken from the Third Amended Complaint, and Defendants need not file an answer to these allegations. Defendants' answer to the remaining allegations in Claim 4 and Claim 5 is due on or before 10/22/13. The court's scheduling order of 3/14/13 43 , as amended on 9/25/13 70 , remains in effect. The parties are encouraged to discuss settlement. Signed by the Honorable James F. Holderman on 10/15/2013. Notice mailed by judge's staff (ntf, ) |
2013-10-16 07:48:44 |
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