District Court

MEMORANDA AND ORDERS

OCTOBER 03, 2024

BY KENNEY, J.

USA v. Cammarata., et al; 21-427; For the foregoing reasons, the Objection is overruled, and the Motion is granted.

BY KENNEY, J.

Swinton v. Walk; 24-4496; For the foregoing reasons, the Court will dismiss Swinton�s constitutional claims with prejudice as frivolous and will dismiss his state law claims without prejudice for lack of subject matter jurisdiction. No further leave to amend will be given because amendment would be futile.

BY YOUNGE, J.

Robinson v. Euro Motors; 23-3561; For the foregoing reasons, Defendant�s Motion for Summary Judgment is DENIED.

OCTOBER 04, 2024

BY KENNEY, J.

Mayer et al v. ADCS Clinics, LLC et al; 21-5303; In sum, the Court finds it premature to dismiss Relator�s claims of fraud. Relator has pled these claims with sufficient particularity to withstand the Healthcare Defendants� Motion to Dismiss and advance to the discovery stage of this action.

BY MARSTON, J.

Johnson v. American Recovery Service, Inc et al; 24-1591; Defendants� motion to dismiss is granted. Johnson will, however, be given an opportunity to amend his complaint if he can, in good faith, cure the deficiencies identified in this Memorandum.

BY MCHUGH, J.

Enty v. Bennett et al; 24-5297; For the stated reasons, the Complaint will be dismissed. The constitutional claims will be dismissed with prejudice since any attempt to amend would prove futile.

BY YOUNGE, J.

Ferretti v. Emrick et al; 24-2865; e. The Court is prepared to serve Ferretti�s sexual assault claim for a responsive pleading. However, he will be given the opportunity to choose whether to proceed only on that claim or file an amended complaint to attempt to cure the defects the Court has identified in his other claims.