Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Frank T. Perano, Doing Business As Gsp Management Company v. Sean Arbaugh

March 24, 2011

FRANK T. PERANO, DOING BUSINESS AS GSP MANAGEMENT COMPANY,
PLAINTIFF
v.
SEAN ARBAUGH, RANDY KING AND LEE MCDONNELL DEFENDANTS



The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 24th day of March, 2011, upon consideration of the following documents:

(1) Defendants' Motion to Dismiss Plaintiff's Amended Complaint, which motion was filed on June 11, 2010; together with Brief in Support of Defendants' Motion to Dismiss the Amended Complaint, which brief was filed June 11, 2010;

(2) Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss, which brief was filed July 2, 2010;

(3) Defendants' Reply Brief in Support of Their Motion to Dismiss the Amended Complaint, which reply brief was filed on July 29, 2010; upon consideration of the pleadings, exhibits, and record papers; and for the reasons articulated in the accompanying Opinion,

IT IS ORDERED that defendants' motion to dismiss is granted in part and denied in part.

IT IS FURTHER ORDERED that defendants' motion to dismiss the claims in Count I of plaintiff's Amended Complaint alleging that defendants violated plaintiff's procedural due process rights, is granted.

IT IS FURTHER ORDERED that plaintiff's procedural due process claim is dismissed from Count I of the Amended Complaint with prejudice.

IT IS FURTHER ORDERED that defendants' motion to dismiss the claims in Count I of plaintiff's Amended Complaint alleging that defendants violated plaintiff's Equal Protection rights and violated his First Amendment free speech rights by retaliating against him for exercising those rights, is granted.

IT IS FURTHER ORDERED that plaintiff's Equal Protection claims and First Amendment free speech retaliation claims are dismissed from Count I of the Amended Complaint without prejudice for plaintiff to file a more specific second amended complaint, consistent with the accompanying Opinion, by April 22, 2011.*fn1

IT IS FURTHER ORDERED that defendants' motion to dismiss Count II of plaintiff's Amended Complaint alleging that defendants conspired to deprive plaintiff of his Constitutional rights, is granted.

IT IS FURTHER ORDERED that Count II is dismissed from the Amended Complaint with prejudice.

IT IS FURTHER ORDERED that defendants' motion to dismiss Count III of plaintiff's Amended Complaint alleging intentional interference ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.