XI v. HAUGEN et al

Filing 59

ORDER THAT FBI SPECIAL AGENT ANDREW HAUGENS MOTION (ECF NO. 35 ) IS GRANTED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6), AND PLAINTIFFS CLAIMS AGAINST SPECIAL AGENT HAUGEN ASSERTED IN COUNTS I THROUGH III OF PLAINTIFFS SECOND AMENDED COMPLA INT ARE DISMISSED WITH PREJUDICE. THE UNITED STATES MOTION (ECF NO. 34 ) IS GRANTED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1), AND PLAINTIFFS CLAIMS AGAINST THE UNITED STATES ASSERTED IN COUNTS IV THROUGH IX OF PLAINTIFFS SECOND AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 3/31/21. 4/1/21 ENTERED AND COPIES E-MAILED. (va, )

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Case 2:17-cv-02132-RBS Document 59 Filed 04/01/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA XIAOXING XI, ET AL. v. FBI SPECIAL AGENT ANDREW HAUGEN, ET AL. : : : : : CIVIL ACTION NO. 17-2132 ORDER AND NOW, this 31st day of March 2021, upon consideration of Defendant the United States’ Motion to Dismiss Plaintiffs’ Common Law Claims Against It In Plaintiffs’ Second Amended Complaint (ECF No. 34), and Defendant FBI Special Agent Andrew Haugen’s Motion to Dismiss Plaintiffs’ Constitutional Claims Against Him in Plaintiffs’ Second Amended Complaint (ECF No. 35), and all documents submitted in support thereof and in opposition thereto, it is ORDERED that Defendants’ Motions are GRANTED as follows: 1. FBI Special Agent Andrew Haugen’s Motion (ECF No. 35) is GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(6), and Plaintiffs’ claims against Special Agent Haugen asserted in Counts I through III of Plaintiffs’ Second Amended Complaint are DISMISSED with prejudice. 2. The United States’ Motion (ECF No. 34) is GRANTED pursuant to Federal Rule of Civil Procedure 12(b)(1), and Plaintiffs’ claims against the United States asserted in Counts IV through IX of Plaintiffs’ Second Amended Complaint are DISMISSED with prejudice. IT IS SO ORDERED. BY THE COURT: /s/ R. Barclay Surrick R. BARCLAY SURRICK, J.

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