Penley v. McDowell County Board of Education et al

Filing 49

ORDER denying without prejudice Defendants' 33 , 38 , & 42 Motions to Dismiss. Signed by District Judge Max O. Cogburn, Jr. on 3/27/2015. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:14-cv-00170-MOC-DLH
STANLEY JEFFREY PENLEY,

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Plaintiff,
Vs.
MCDOWELL COUNTY BOARD OF
EDUCATION
ROBERT GILLESPIE
GERRI MARTIN
H. RUSSELL NEIGHBORS
NATALIE GOUGE,
Defendants.

ORDER

THIS MATTER is before the court on defendants’ Motions to Dismiss (#33, #38, &
#42) made pursuant to Rule 12(b)(1),(2), & (6), Federal Rules of Civil Procedure. Having
considered defendants’ Motions to Dismiss and reviewed the pleadings, the court enters the
following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendants’ Motions to Dismiss (#33, #38, &
#42) are DENIED without prejudice as to reasserting the substance of those motions after
discovery has closed in the form of motions for summary judgment.

Signed: March 27, 2015

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