Kraus v. City of Oak Hill et al
Filing
60
ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Dismiss for Failure to State a Claim, or Alternatively, for Summary Judgment filed by defendant the City of Oak Hill, Tennessee 38 is GRANTED. The Motion to Dismiss or f or Summary Judgment filed by defendant Thomas Alsup 39 is GRANTED. The Motions for Attorneys' Fees filed by previously dismissed defendants, Robert Notestine and Austin McMullen, (Docket Nos. 33 and 34 , respectively) are DENIED. The plaint iff has 7 days from the date of this Order to show cause why the court should not award Notestine $3,840 as a discovery sanction under Federal Rule of Civil Procedure 37 against the plaintiff, William H. Kraus, and his attorney, John Herbison, jointly and severally. This case is otherwise DISMISSED. Entry of this Order shall constitute the Judgment in this case. It is so ordered. Signed by District Judge Aleta A. Trauger on 9/7/10. (tmw)
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Kraus v. City of Oak Hill et al
Doc. 60
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION WILLIAM H. KRAUS, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case No. 3:09-0419 Judge Trauger
v. CITY OF OAK HILL, THOMAS C. ALSUP, in his individual capacity, Defendants.
ORDER For the reasons expressed in the accompanying Memorandum, the Motion to Dismiss for
Failure to State a Claim, or Alternatively, for Summary Judgment filed by defendant the City of Oak Hill, Tennessee (Docket No. 38) is GRANTED. The Motion to Dismiss or for Summary Judgment filed by defendant Thomas Alsup (Docket No. 39) is GRANTED. The Motions for Attorneys' Fees filed by previously dismissed defendants, Robert Notestine and Austin McMullen, (Docket Nos. 33 and 34, respectively) are DENIED. The plaintiff has 7 days from the date of this Order to show cause why the court should not award Notestine $3,840 as a discovery sanction under Federal Rule of Civil Procedure 37 against the plaintiff, William H. Kraus, and his attorney, John Herbison, jointly and severally.
This case is otherwise DISMISSED. Entry of this Order shall constitute the Judgment in this case.
Dockets.Justia.com
It is so ordered. Enter this 7th day of September, 2010.
ALETA A. TRAUGER United States District Judge
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