McCarthy et al v. Jauregui et al

Filing 54

ORDER (memorandum filed previously as separate docket entry), ADOPTING in part the Report and Recommendation of Magistrate Judge Carslon re 13 15 and 16 ; Count 1 and Count 5 of the complaint remain; Plaintiffs Debra McCarthy and Oluwatomisin Olasimbo are dismissed; Clerk of Court is directed to REMAND case to MJ Carlson for further proceedings. Signed by Honorable Julia K Munley on 3/27/24. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 3:21cv1759

DEBRA MCCARTHY,
DEVIN MCARTHY, and
OLUWATOMISIN OLASIMBO,

(Judge Munley)
(Magistrate Judge Carlson)

Plaintiffs
V.

RAUL JAUREGUI and
DANIEL BOYE,
Defendants

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AND NOW, to wit, this ~

day of March 2024, it is hereby ORDERED

as follows:
1) Magistrate Judge Martin C. Carlson's report and recommendation
("R&R") (Doc. 43) is ADOPTED in part A) The R&R is ADOPTED regarding the jurisdictional issue raised as
a part of Defendant Daniel Boye's motion to dismiss (Doc. 15) and that
portion of the motion is DENIED;
B) The R&R is ADOPTED with regard to the portion of Defendant
Daniel Boye's motion to dismiss Count 1 of the complaint and that portion
of the motion to dismiss is DENIED;

C) The R&R is also ADOPTED with regard to the motions to dismiss
Count 6 of the complaint, and those portions of the motions to dismiss are
GRANTED. Count 6 is DISMISSED;

D) The R&R is ADOPTED with regard to the portion of Defendant
Jauregui's motion to dismiss (Doc. 13) aimed at the intentional infliction of
emotional distress claim found in Count 5 and that portion of the motion is
DENIED;

E) The R&R is ADOPTED with regard to Defendant Daniel Boye's
motion for sanctions (Doc. 16) and this motion is DENIED;
2) The R&R is NOT ADOPTED with regard to the motions to dismiss
Counts 2, 3, and 4 of the amended complaint and the portions of the motions to
dismiss (Doc. 13, Doc. 15) dealing with these counts are GRANTED. Counts 2,
3, and 4 are DISMISSED;
3) Remaining in this case are Count 1 - Plaintiff Devin McCarthy versus
Daniel Boye for battery and Count 5 - Plaintiff Devin McCarthy versus both
defendants for intentional infliction of emotional distress. Accordingly, Plaintiffs
Debra McCarthy and Oluwatomisin Olasimbo are completely dismissed from this
case; and
4) The Clerk of Court is directed to remand this case to Magistrate Judge
Carlson for further pretrial management.
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