Fourstar v. Kane et al

Filing 44

ORDER Adopting Findings and Recommendations of United States Magistrate Judge. Motion to Amend (Doc. 37)is DENIED as MOOT. Fourstar's request to certify a class action for both Claims 2A and 3A (Doc. 31-1) is DENIED. Claims 1A, 2A, and 3A, alon g with any claims made in Fourstar's response (Doc. 35) are DISMISSED WITH PREJUDICE. Forestar is granted leave to amend Claim 4A. A second amended complaint must be filed by December 6, 2019. Certificate of Appealability is DENIED and any appeal would not be taken in good faith. Order mailed to Fourstar. Signed by Judge Susan P. Watters on 11/22/2019. (HEG)

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