Filed: Mar. 21, 2014
Latest Update: Mar. 21, 2014
Summary: REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff initiated this litigation pro se on May 6, 2013. On May 29, 2013, Defendants Drake Center and UC Health moved to dismiss for failure to state a claim. Defendants withdrew that motion as moot when, after obtaining counsel, Plaintiff filed an amended complaint on June 14, 2013. (Docs. 13, 15). Subsequently, Plaintiff sought and was granted leave to file a second amended complaint. (Docs. 20, 21). On January 24, 2014, De
Summary: REPORT AND RECOMMENDATION STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff initiated this litigation pro se on May 6, 2013. On May 29, 2013, Defendants Drake Center and UC Health moved to dismiss for failure to state a claim. Defendants withdrew that motion as moot when, after obtaining counsel, Plaintiff filed an amended complaint on June 14, 2013. (Docs. 13, 15). Subsequently, Plaintiff sought and was granted leave to file a second amended complaint. (Docs. 20, 21). On January 24, 2014, Def..
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REPORT AND RECOMMENDATION
STEPHANIE K. BOWMAN, Magistrate Judge.
Plaintiff initiated this litigation pro se on May 6, 2013. On May 29, 2013, Defendants Drake Center and UC Health moved to dismiss for failure to state a claim. Defendants withdrew that motion as moot when, after obtaining counsel, Plaintiff filed an amended complaint on June 14, 2013. (Docs. 13, 15). Subsequently, Plaintiff sought and was granted leave to file a second amended complaint. (Docs. 20, 21). On January 24, 2014, Defendants moved to dismiss two of the claims included in Plaintiff's second amended complaint: specifically, claims for fraud and negligence. (Doc. 23). On March 14, 2014, Plaintiff filed a Notice of her agreement to strike or withdraw her fraud and negligence claims against the Defendants. (Doc. 27).
Accordingly, IT IS RECOMMENDED THAT:
In light of Plaintiff's withdrawal of her fraud or negligence claims, Defendants' motion to dismiss those two claims (Doc. 23) should be denied as moot.
