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Roger Kalaouz and Associates et al v. Jack Rouse Associates, Inc.

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Motion for a More Definite Statement

6 Cited authorities

  1. Parry v. Mohawk Motors of Michigan, Inc.

    236 F.3d 299 (6th Cir. 2000)   Cited 670 times
    Holding that the amended complaint supersedes all previous complaints and becomes the operative pleading

  2. Dorcey v. Clements

    Civil Action 2:11-CV-622 (S.D. Ohio Nov. 15, 2011)

    Civil Action 2:11-CV-622 11-15-2011 MICHELLE L. DORCEY, Plaintiff, v. MOLLY CLEMENTS, et al. , Defendants. Norah McCann King Judge Frost Magistrate Judge King OPINION and ORDER This is a civil rights action under 42 U.S.C. §1983 in which plaintiff, a former trooper with the Ohio State Highway Patrol, alleges that her rights under the Fourth and Fourteenth Amendments were denied when she was involuntarily committed to a psychiatric facility. Count 3 of the original complaint asserts, inter alia, a

  3. MILLER v. ACI INDUSTRIES, LTD., L.P.

    Case No. C2-09-CV-447 (S.D. Ohio Jan. 5, 2010)

    Case No. C2-09-CV-447. January 5, 2010 OPINION ORDER ALGENON MARBLEY, District Judge I. INTRODUCTION This matter is before the Court on Defendant ACI Industries, Ltd. L.P.'s ("ACI") Motion to Dismiss (Doc. 4). For the reasons discussed below, ACI's Motion is DENIED. II. BACKGROUND A. FACTUAL BACKGROUND Plaintiff John Miller was employed by ACI from November 2006 until March 2008, working more than twenty-five hours per week. Miller alleges that he was never given any information regarding health

  4. Herzog v. Secretary of Health, Educ Welfare

    686 F.2d 1154 (6th Cir. 1982)   Cited 8 times
    In Herzog v. Secretary of HEW, 686 F.2d 1154 (6th Cir. 1982), this court, while barring judicial review of statutory challenges to amounts of reimbursement under part B of the Medicare Act, specifically referred to the elaborate administrative mechanism of § 1395ff as an alternative avenue of review.

  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  6. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,505 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint