Matches in SCALES for { <scales/DocketEntry/almd;;1:17-cv-00286_de29> ?p ?o ?g. }
Showing items 1 to 6 of
6
with 100 items per page.
- almd;;1:17-cv-00286_de29 RegisterActionDate "2017-11-29" @default.
- almd;;1:17-cv-00286_de29 RegisterActionDescriptionText "REPORT AND RECOMMENDATION: It is the RECOMMENDATION of the Magistrate Judge that Food Giant Supermarkets, Inc.'s 11 Renewed Partial Motion to Dismiss and D479C5E 16 Motion to Dismiss for Failure to State a Claim be granted as follows: 1. Count one be dismissed with prejudice as to Defendant Food Giant; 2. Counts one and six be dismissed without prejudice as to Defendant D479C5E and Plaintiff be granted leave one more time to attempt to state a cause of action against D479C5E in these counts; 3. Counts two, three, and four be dismissed with prejudice as to both Defendants; 4. If the court adopts this recommendation that the federal claims in counts one through four against Food Giant should be dismissed, there is no basis for original federal jurisdiction over the Defendant Food Giant, and accordingly it is recommended that the court decline to exercise supplemental jurisdiction over the state law claims asserted against Defendant Food Giant, and those claims in counts five, six, seven, and eight be dismissed without prejudice as to Food Giant for Plaintiff to pursue those claims in state court. Because there may be statute of limitations issues with Plaintiff's state law claims, it is further recommended that any order adopting this report and recommendation should explicitly give Plaintiff the benefit of 28 U.S.C. 1367(d). 5. Count five be dismissed with prejudice as to D479C5E. Objections to R&R due by 12/13/2017. Signed by Honorable Judge David A. Baker on 11/29/2017. (dmn, ) (Entered: 11/29/2017)" @default.
- almd;;1:17-cv-00286_de29 AdministrativeID "29" @default.
- almd;;1:17-cv-00286_de29 hasJudgeReference SJ000406 @default.
- almd;;1:17-cv-00286_de29 hasReferenceToOtherEntry almd;;1:17-cv-00286_de11 @default.
- almd;;1:17-cv-00286_de29 hasReferenceToOtherEntry almd;;1:17-cv-00286_de16 @default.