Winder v. Erste et al

District of Columbia, dcd-1:2003-cv-02623

ORDER granting {{22}} DCPS's motion to dismiss, denying {{23}} Massie's motion to dismiss, granting in part and denying in part {{25}} the District of Columbia's motion to dismiss, granting in part and denying in part {{26}} the motion to dism iss filed jointly by defendants Erste and the District of Columbia, granting {{32}} Erste's motion to dismiss Count II of the amended complaint, granting {{33}} Khabo's motion to dismiss for improper service of process, dismissing Counts II, IV, VI, VII and VIII of the amended complaint in their entirety as to all defendants for failure to state a claim on which relief can be granted, and dismissing Count III as to all defendants with the exception of the District of Columbia. Signed by Judge John D. Bates on 3/31/2005.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ALFRED M. WINDER Plaintiffs, v. Civil Action No. 03-2623 (JDB) LOUIS ERSTE, et al. Defendants. ORDER Upon consideration of the motions to dismiss filed by defendants Khabo, Erste, Massie, the District of Columbia Public Schools ("DCPS"), and the District of Columbia [22, 23, 25, 26, 32, 33], and for the reasons stated in the memorandum opinion issued on this date, it is hereby ORDERED that [22] DCPS's motion to dismiss is GRANTED; it is further ORDERED that [23] Massie's motion to dismiss is DENIED; it is further ORDERED that [25] the District of Columbia's motion to dismiss is GRANTED IN PART and DENIED IN PART; it is further ORDERED that [26] the motion to dismiss filed jointly by defendants Erste and the District of Columbia is GRANTED IN PART and DENIED IN PART; it is further ORDERED that [32] Erste's motion to dismiss Count II of the amended complaint is GRANTED; it is further ORDERED that [33] Khabo's motion to dismiss for improper service of process is GRANTED; it is further ORDERED that Counts II, IV, VI, VII and VIII of the amended complaint are DISMISSED in their entirety as to all defendants for failure to state a claim on which relief can be granted; and it is further ORDERED that Count III is dismissed as to all defendants with the exception of the District of Columbia. /s/ JOHN D. BATES United States District Judge Signed this 31st day of March, 2005. Copies to: Brian Cooper Plitt 1239 C Street, SE Washington, DC 20003 (202) 546-5493 Fax: 202-546-8478 Email: cooperwitz@aol.com John F. Karl, Jr. MCDONALD & KARL 900 17th Street NW Suite 1250 Washington, DC 20006 (202) 293-3200 Fax: (202) 429-1851 Email: jfklaw@igc.org Counsel for Plaintiff Steven J. Anderson OFFICE OF CORPORATION COUNSEL P.O. Box 14600 Washington, DC 20044-4600 (202) 724-6607 Fax: (202)727-0431 Email: steve.anderson@dc.gov Counsel for Defendants