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DELONGA v. DIOCESE OF SIOUX FALLS

No. CIV 03-4145.

329 F.Supp.2d 1092 (2004)

Judy DELONGA, Plaintiff, v. DIOCESE OF SIOUX FALLS; Robert J. Carlson, The Roman Catholic Bishop for the Diocese of Sioux Falls; Fr. Paul V. Dudley, Former Bishop for the Diocese of Sioux Falls; Archdiocese of Milwaukee; the Roman Catholic Bishop for the Archdiocese of Milwaukee; and Father Bruce MacArthur, Defendants.

United States District Court, D. South Dakota, Southern Division.

February 26, 2004.

Attorney(s) appearing for the Case

Charles Rick Johnson, Stephanie E. Pochop, Johnson, Eklund, Nicholson & Peterson, Gregory, SD, Jeffrey R. Anderson, Reinhardt & Anderson, St. Paul, MN, for Plaintiff.

William P. Fuller, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for Defendant, Diocese of Sioux Falls, Robert J. Carlson, Paul V. Dudley.

David L. Nadolski, Lynn, Jackson, Shultz & Lebrun, Sioux Falls, SD, David P. Muth, John A. Rothstein, Mathew J. Flynn, Quarles & Brady, Milwaukee, WI, May, Adam, Gerdes & Thompson, Pierre, SD, for Defendant, Archdiocese of Milwaukee, Roman Catholic Bishop for The Archdiocese of Milwaukee.

Jeremiah D. Murphy, Murphy, Goldammer & Prendergast, Michael L. Luce, Mark F. Marshall, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Defendant, Bruce MacArthur.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, a resident of Florida, brought this diversity action based on sexual abuse she suffered as a minor. All of the Defendants have moved pursuant to Fed.R.Civ.P. 12(b) for dismissal of Plaintiff's Complaint. A district court should not grant a motion to dismiss unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts which...

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