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COMINELLI v. THE RECTOR AND VISITS. OF UNIV. OF VA.

Civil No. 3:08CV00048.

589 F.Supp.2d 706 (2008)

Fabio COMINELLI, Plaintiff, v. THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, and Robert M. Strieter in his official and individual capacity, Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

December 9, 2008.

Attorney(s) appearing for the Case

Edward Bennett Lowry, Michie Hamlett Lowry Rasmussen & Tweel PC, Charlottesville, VA, for Plaintiff.

Margaret Alice Browne, Office of the General Counsel, Richard Croswell Kast, University of Virginia, Charlottesville, VA, Peter Robert Messitt, Office of the Attorney General, Richmond, VA, for Defendants.

MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss (docket no. 2) pursuant to Federal Rule of Civil Procedure 12(b)(6) and Plaintiff's subsequent Motion to Amend (docket no. 18). For the reasons that follow, I will DENY Plaintiff's Motion to Amend Counts 1 and 4 of the Complaint and GRANT Defendants' Motion to Dismiss Counts 1, 2, 3, 5, 6, and 7 of the Complaint.

I. BACKGROUND...

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