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Banner Health
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Order | Filed: May 10, 2024 | Entered: May 10, 2024 McCulley et al v. Banner Health
Personal Injury: Other | Arizona
Order on Motion to Dismiss for Failure to State a Claim
ORDER granting in part and denying in part 31 Motion to Dismiss for Failure to State a Claim. IT IS FURTHER ORDERED that Cheryl McCulley, et al.'s Count VI - Negligence, and Count IV - Breach of Implied Contract are dismissed without prejudice and with leave to amend. IT IS FURTHER ORDERED that Cheryl McCulley, et al.'s Count XII - Violation of the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-1-101 et seq., is dismissed without prejudice and with leave to amend insofar as it is based on a theory of recovery of actual damages. This claim may proceed under a theory of seeking injunctive relief. Signed by Judge Steven P Logan on 5/10/24. (MJW)
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Order | Filed: May 09, 2024 | Entered: May 09, 2024 Miller v. Banner Health
Civil Rights: Jobs | Arizona
Order ~Util - Set Deadlines
ORDER: IT IS ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on August 7, 2024. (See attached Order). Signed by Judge John J Tuchi on 5/9/2024. (JAMA)
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Order | Filed: May 09, 2024 | Entered: May 09, 2024 Miller v. Banner Health
Civil Rights: Jobs | Arizona
Order
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 5/9/2024. (JAMA)
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