Doe v. Wright State University et al

Filing 19

DECISION AND ENTRY SUSTAINING MOTION TO DISMISS OF DEFENDANTS WRIGHT STATE UNIVERSITY, SARAH TWILL, MATTHEW BOAZ AND CHRIS TAYLOR (DOC # 12 ) AND OVERRULING AS MOOT MOTION FOR LEAVE TO PROCEED ANONYMOUSLY OF PLAINTIFF JOHN DOE (DOC # 2 ); PLAINTIFF J OHN DOE'S CLAIM ONE IS DISMISSED WITH PREJUDICE AS AGAINST ALL DEFENDANTS, AND DOE'S CLAIM TWO IS DISMISSED WITH PREJUDICE AS AGAINST TWILL, BOAZ AND TAYLOR IN THEIR INDIVIDUAL CAPACITIES, AND JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEF ENDANTS AND AGAINST DOE ON THOSE CLAIMS; DOE MAY FILE AN AMENDED COMPLAINT AS TO CLAIM TWO, AGAINST TWILL, BOAZ AND TAYLOR IN THEIR OFFICIAL CAPACITIES WITHIN TWENTY-ONE DAYS OF THIS ENTRY, SUBJECT TO THE CONDITIONS SET FORTH HEREIN AND THE STRICTURE S OF RULE 11 ; PLAINTIFF MAY FILE A RENEWED MOTION FOR LEAVE CONTEMPORANEOUSLY WITH AN AMENDED CLAIM TWO; IF DOE FAILS TO FILE A VIABLE AMENDED CLAIM TWO, THEN THE COURT WILL DISMISS CLAIM TWO WITH PREJUDICE IN ITS ENTIRETY AND ENTER JUDGMENT IN FAVOR OF DEFENDANTS AND AGAINST DOE ON ALL CLAIMS. Signed by Judge Walter H. Rice on 8/24/17. (pb)