Vernon D. Oliver

“Defendants' motion to dismiss (ECF No. 44) is GRANTED IN PART AND DENIED IN PART. Specifically, all claims are dismissed without prejudice under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Within sixty days of this order, Plaintiffs may move to file an amended complaint.”

“In sum, Defendants' motion to dismiss is denied to the extent it seeks dismissal based on the statute of limitations, but it is granted to the extent it seeks dismissal of claims against Defendant Quiros.”

“the Court grants Plaintiff's motion to dismiss this action without prejudice (ECF No. 30).”

“Defendants' motion to dismiss (ECF No. 14) and Plaintiff's motion for summary judgment (ECF No. 19) are denied as moot.”

“For the reasons described above, Defendants' motion to dismiss (ECF No. 68) is denied.”

“Therefore, the Court concludes that Plaintiffs have forfeited the argument they now raise and denies their motion for clarification or reconsideration.”

“For the foregoing reasons, the Court DENIES the parties’ cross-motions for reconsideration (ECF Nos. 715, 717).”

“For the foregoing reasons, the Court grants National Fire’s motion for summary judgment (ECF No. 64) and denies Theraplant’s motion for summary judgment (ECF No. 54). Judgment is entered in National Fire’s favor.”

“Because the Court cannot exercise either federal question or diversity jurisdiction over this action, the Court lacks subject matter jurisdiction. Therefore, the action is dismissed pursuant to Federal Rule of Civil Procedure 12(h)(3) and the Clerk of the Court is respectfully requested to close the action.”

“As a result, the only remedy for the harms Plaintiff alleges in his amended complaint is against the Government—not Dukate—pursuant to the FTCA. ... Accordingly, the Court GRANTS Defendant Dukate’s motion to dismiss under Rule 12(b)(1).”

“The Court concludes Supreme Court precedent forecloses the Bivens remedy for Plaintiff’s Eighth Amendment claim against Wagner. The Court grants Wagner’s motion to dismiss. ... For the foregoing reasons, the Court GRANTS both motions to dismiss (ECF Nos. 38, 44). The Clerk is kindly instructed to close this case.”

“Accordingly, considering the Enron factors and that ‘all doubts must be resolved in favor of trial on the merits’ the Court denies the motion for default judgment and relieves Ms. Jimenez from default.”

“The Court next grants Mr. Peralta’s motion for preliminary injunction, as the record establishes that there is entitlement to preliminary relief.”

“For the foregoing reasons, the Motion is DENIED with prejudice.”

“For the foregoing reasons, Defendant's motion to suppress (ECF No. 34) is DENIED.”

“The petition for writ of habeas corpus [Doc. No. 1] is DENIED. The Clerk is respectfully directed to close this case.”