Tobey v. Napolitano et al

Filing 54

ORDER that the Commission Defendants' 19 Motion to Partially Dismiss is GRANTED; the Federal Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART, accordingly, Counts One, Two and Three of Plaintiff's First Amended Complaint are DISMISSED as to all defendants in their official capacities, and Counts One and Three are DISMISSED as to Smith and Jones in their individual capacities; and the Federal Defendants' Motion for a Stay of Discovery Pending a decision on Dispositive Motion is DENIED AS MOOT. It is so ORDERED. Signed by District Judge Henry E. Hudson on 08/30/2011. (walk, )

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