Bates et al v. Northwestern Human Services, Inc. et al

District of Columbia, dcd-1:2004-cv-02116

ORDER granting in part and denying in part {{5}} Motion to Dismiss, denying without prejudice {{13}} Motion to Certify Class. The plaintiffs' RICO and Section 1983 claims are dismissed without prejudice. The plaintiffs' claims under 42 U.S.C. Secs. 405 and 1383 are dismissed with prejudice. The defendants' motion to dismiss the plaintiffs' claim for money had and received and the plaintiffs' requests for an accounting and for punitive damages is denied. The plaintiffs sh all notify the Court by January 5, 2007, whether they intend to amend their complaint in accordance with the accompanying Memorandum Opinion. If the plaintiffs do intend to amend their complaint, the amended complaint shall be filed by February 5, 2007. Signed by Judge Reggie B. Walton on December 11, 2006. (lcrbw3,)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________) BARBARA BATES, et al.,)) Civil Action No. 04-2116 (RBW) Plaintiffs,)) v.)) NORTHWESTERN HUMAN) SERVICES, INC., et al.,)) Defendants.)) ____________________________________) ORDER In accordance with the Memorandum Opinion that accompanies this Order, it is hereby ORDERED that the defendants' motion for partial dismissal of the plaintiffs' complaint for failure to state a claim upon which relief can be granted is GRANTED IN PART and DENIED IN PART. It is further ORDERED that the plaintiffs' motion for class certification is denied without prejudice. It is further ORDERED that the plaintiffs' RICO and Section 1983 claims are dismissed without prejudice. The Court grants the plaintiffs leave to amend their complaint to assert these claims with greater particularity and in accordance with the Memorandum Opinion, if it is possible to do so. The plaintiffs shall notify the Court by January 5, 2007, whether they intend to amend their complaint in this respect. If the plaintiffs do intend to amend their complaint, the amended complaint shall be filed by February 5, 2007. It is further ORDERED that the plaintiffs' claims under 42 U.S.C. §§ 405 and 1383 (2000) are dismissed with prejudice. It is further ORDERED that the defendants' motion to dismiss the plaintiffs' claim for money had and received and the plaintiffs' requests for an accounting and for punitive damages is DENIED. SO ORDERED this 11th day of December, 2006. REGGIE B. WALTON United States District Judge