ARNEAULT et al v. O'TOOLE et al

Filing 84

MEMORANDUM OPINION AND ORDER: AND NOW, to wit, this 28th Day of March, 2012, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that the motions to dismiss the Amended Complaint filed on behalf of Defendant Hughes 36 , the Commissioner Defendants and the PGCB Employee Defendants 58 , Defendant Griffin 64 , and the BIE Defendants 66 shall be, and hereby are, GRANTED. IT IS FURTHER ORDERED that the motions to dismiss the Amended Complaint filed on behalf of Defe ndant Ambrose 51 , the Scott Defendants 60 , and the MTR Defendants 62 shall be, and hereby are, GRANTED to the extent they relate to Plaintiffs' federal claims. Said motions shall be, and hereby are, DENIED without prejudice insofar as the y relate to Plaintiffs' state law claims. In accordance with the foregoing, IT IS ORDERED that Counts 1, 2, 3, 4, 6, 7, and 10 of the Amended Complaint shall be, and hereby are, DISMISSED with prejudice. IT IS FURTHER ORDERED that Plaintiffs&# 039; remaining state law claims as set forth in Counts 8, 9, and 11 of the Amended Complaint shall be, and hereby are, DISMISSED without prejudice to Plaintiffs' right to reassert these claims in state court. Signed by Judge Sean J. McLaughlin on 03/28/2012. (kas)