Reddick Management Corp. et al v. Omaha, City of et al

Filing 51

ORDER- THEREFORE, IT IS ORDERED THAT: The joint motion to dismiss all of the plaintiffs' complaint against Paul Kratz, in his official capacity, Michelle Peters, in her individual and official capacities and Brook Bench, in his individual and official capacities, Filing No. 50 , is granted with prejudice, each party to bear its respective costs. The defendants' motion to dismiss, Filing No. 47 is denied as moot. Ordered by Senior Judge Joseph F. Bataillon. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

REDDICK MANAGEMENT CORP., and
KEVIN REDDICK, Individually and in his
Official Capacity as Owner of Reddick
Management Corp.;
Plaintiffs,

8:16CV99
ORDER

v.
CITY OF OMAHA, NEBRASKA, PAUL
KRATZ, in his Official Capacity;
MICHELLE PETERS, in her Individual and
Official Capacities; and BROOK BENCH,
in his Individual and Official Capacities;
Defendants.

This matter is before the court on the parties’ joint motion to dismiss all of the
plaintiffs’ complaint against Paul Kratz, in his official capacity, Michelle Peters, in her
individual and official capacities and Brook Bench, in his individual and official
capacities, such dismissal to be with prejudice, each party to bear its respective costs.
Filing No. 50. The court will grant the joint motion to dismiss. The defendants’ motion
to dismiss, Filing No. 47 will be denied as moot.
THEREFORE, IT IS ORDERED THAT:
1.

The joint motion to dismiss all of the plaintiffs’ complaint against Paul

Kratz, in his official capacity, Michelle Peters, in her individual and official capacities and
Brook Bench, in his individual and official capacities, Filing No. 50, is granted with
prejudice, each party to bear its respective costs.

2.

The defendants’ motion to dismiss, Filing No. 47 is denied as moot.

Dated this 6th day of February, 2017.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

2