Free Order on Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-00300-MRK

Document 21

Filed 10/27/2003

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Marchelle Bailey Plaintiff, v. : : : : : : : : : :

NO.

3:03cv300 (MRK)

Winkle Bus Company, et al. Defendant.

ORDER ON MOTION TO DISMISS

Defendant's Motion to Dismiss [doc. #10] is DENIED in part and GRANTED in part. Given the low threshold for notice pleading, see Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511-14 (2002), this Court cannot say that there exists no set of circumstances that Plaintiff could adduce with respect to this complaint which would allow a jury to find in her favor. Accordingly, the motion is dismiss is DENIED as to counts 1 and 2, and GRANTED without objection as to counts 3 and 4. The Plaintiff will file an amended complaint dropping Counts 3 and 4. The parties will file a joint status report by April 2, 2004, and a status conference will be held on April 15, 2004, at 11:30 a.m.

IT IS SO ORDERED. /s/ Mark R. Kravitz U.S.D.J. Dated at New Haven, Connecticut: October 27, 2003 1

Case 3:03-cv-00300-MRK

Document 21

Filed 10/27/2003

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RE:

CASE NO. 3:03cv300 (MRK)

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TO:

COUNSEL OF RECORD:

---------------------------------------------------------------On or before April 2, 2004, THE PARTIES SHALL SUBMIT TO THE CHAMBERS OF THE HONORABLE MARK R. KRAVITZ[with certification copies sent to all counsel of record] AN ORIGINAL STATUS REPORT, STATING THE FOLLOWING: (a) THE STATUS OF THE CASE, IDENTIFYING ANY PENDING MOTIONS, OR ANY CIRCUMSTANCES POTENTIALLY INTERFERING WITH THE PARTIES' COMPLIANCE WITH THE SCHEDULING ORDER; (b) INTEREST IN REFERRAL FOR SETTLEMENT PURPOSES TO A UNITED STATES MAGISTRATE JUDGE OR TO THE DISTRICT`S SPECIAL MASTERS PROGRAM; (c) WHETHER THE PARTIES WILL CONSENT TO A TRIAL BEFORE A MAGISTRATE JUDGE; AND (d) THE ESTIMATED LENGTH OF TRIAL. NO STATUS REPORTS WILL BE ACCEPTED VIA FACSIMILE.

BY ORDER OF THE COURT KEVIN F. ROWE, CLERK

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