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- ilcd;;1:16-cv-01059_de71 RegisterActionDate "2017-03-15" @default.
- ilcd;;1:16-cv-01059_de71 RegisterActionDescriptionText "TEXT ORDER Entered by Judge Sara Darrow on 3/15/2017. Plaintiffs motion to withdraw claims 56 is GRANTED. Plaintiff has moved to withdraw voluntarily Counts VI, VII, and VIII of his Complaint under Federal Rule of Civil Procedure 41. Defendants have responded that they do not oppose to a dismissal of Plaintiffs intentional infliction of emotional distress claim without prejudice. However, Defendants note that, in its Merit Review Order, the Court found that, of these three claims, Plaintiffs Complaint only stated a claim for intentional infliction of emotional distress (Count VII) and not for negligence (Count VI) or assault (Count VIII). Although Defendants are correct that the Court found that Plaintiffs Complaint did not state a claim for negligence or for assault, the Court will allow Plaintiff to dismiss those claims as well as his claim for intentional infliction of emotional distress, and therefore, all three claims (to the extent that they are asserted in Plaintiffs Complaint) are voluntarily withdrawn. In light of Plaintiffs motion and this Order, Defendants motion for summary judgment for partial summary judgment for failure to exhaust administrative remedies on Plaintiffs claim of intentional infliction of emotional distress 39 is DENIED as moot. Finally, Plaintiffs motion for status and request for documentation 59 is GRANTED, and the Clerk of the Court is directed to send a copy of the docket sheet in this case to Plaintiff. The Court will issue a ruling on Defendants motion for judgment on the pleadings as soon as possible. (ED, ilcd) (Entered: 03/15/2017)" @default.
- ilcd;;1:16-cv-01059_de71 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01059_de71 hasJudgeReference SJ001510 @default.
- ilcd;;1:16-cv-01059_de71 hasReferenceToOtherEntry ilcd;;1:16-cv-01059_de48 @default.
- ilcd;;1:16-cv-01059_de71 hasReferenceToOtherEntry ilcd;;1:16-cv-01059_de66 @default.
- ilcd;;1:16-cv-01059_de71 hasReferenceToOtherEntry ilcd;;1:16-cv-01059_de70 @default.