Waddle v. Claughton et al

Filing 41

ORDER GRANTING IN PART as to Counts 5 and 8 12 Defendant Todd Moser's Motion to Dismiss Pursuant to Rule 12(b)(6), DENYING 14 Defendant Aundrea Claughton's Motion to Dismiss Pursuant to Rule 12(b)(6). Signed by Senior Judge Jackson L. Kiser on 6/26/2018. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
CHRISTEN WADDLE,
Plaintiff,
v.
AUNDREA CLAUGHTON, et al.,
Defendants.

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JUN 26 2018

Case No. 4:18-cv-00010
ORDER
By: Hon. Jackson L. Kiser
Senior United States District Judge

This matter is before the Court on Defendant Todd Moser’s (“Moser”) Motion to Dismiss
[ECF No. 12] and Defendant Aundrea Claughton’s (“Claughton”) Motion to Dismiss [ECF No.
14].

Clerk’s default has already been entered against Defendants Nicholas Jones and Dre

Tucker. [ECF No. 24.] The matter was fully briefed by the parties, and I heard oral arguments
on the motions on June 12, 2018. After considering the allegations in the Complaint and the
arguments of the parties, this matter is now ripe for disposition. For the reasons stated in the
accompanying Memorandum Opinion, Moser’s Motion to Dismiss is hereby GRANTED IN
PART as to Counts 5 and 8, and Claughton’s Motion to Dismiss is hereby DENIED.
The clerk is directed to forward a copy of this Order and accompanying Memorandum
Opinion to all counsel of record.
Entered this 26th day of June, 2018.

s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE