Tobey v. Napolitano et al

Filing 76

MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART Defendants' 65 Motion to Dismiss, specifically Counts One, Two and Three are DISMISSED as to Defendant Doe in her official capacity and Counts One and Three are DISMISSED as to Defendant Doe in her individual capacity. As a result, only Plaintiff's First Amendment claim against the Federal Defendants in their individual capacities remains extant; GRANTING Plaintiff's 75 Motion for Leave to File Second Amended Complant Under Seal; and GRANTING 72 Defendants' Motion for Stay of Proceedings Pending Appeal (please see Memorandum Order for additional information). It is hereby ORDERED that all proceedings in this case, including discovery, are STAYED until the Fourth Circuit disposes of the Defendants' appeal, and pending further order of this Court. It is so ORDERED. Signed by District Judge Henry E. Hudson on 11/15/2011. (walk, )

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