Fischer v. Forrest
Filing 92
OPINION & ORDER adopting Report and Recommendations [87 in case no. 14cv1304]; [110 in case no. 14cv1307] (R&R#1) and [91 in case no. 14cv1304]; [112 in case no. 14cv1307] (R&R#2) re: (74 in 1:14-cv-01307-PAE-HBP) MOTION to Strike Document No. ( 73). filed by James H Fischer, (55 in 1:14-cv-01304-PAE-HBP) MOTION to Dismiss Second Amended Complaint filed by Shane R. Gebauer, (54 in 1:14-cv-01304-PAE-HBP) MOTION to Strike Document No. (53). filed by James H. Fischer, (75 in 1:14 -cv-01307-PAE-HBP) MOTION to Dismiss Second Amended Complaint. filed by Shane R. Gebauer. The Court therefore adopts R&R #1 and R&R #2 in full, and for the reasons stated therein, denies defendants' motion to dismiss the Second Amen ded Complaint without prejudice as moot, and denies plaintiff's motion to strike defendants' answers and affirmative defenses asserted with respect to the Second Amended Complaint as moot. The Clerk of Court is respectfully directed to close the motions pending in 14 Civ. 1304 at dockets 54 & 55, and in 14 Civ. 1307 at dockets 74 & 75. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/16/2016) (tro) Modified on 2/16/2016 (tro).
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