Filing 65

MEMORANDUM ORDER denying 43 Motion for Partial Summary Judgment; denying 46 Motion for Partial Summary Judgment; granting in part and denying in part 24 Motion to Dismiss; specifically, the Motion is GRANTED as to Defendants Beard, Varner, Rozu m, Sroka, Gibson, Glunt and Joseph and DENIED as to Defendants Scharff, Fogel, Ginchereau, Visinsky, and Thomas. It is further Ordered that 61 Report and Recommendation, dated 1/24/2011, is ADOPTED as the Opinion of the Court. And it is further Ordered that this case is remanded back to the Magistrate Judge for further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/22/2011. (dlg)

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