Opinion Notes:
MEMORANDUM DECISION AND ORDER granting in part and denying in part 21 Motion for Summary Judgment; granting 29 Motion for Extension of Time to File Response/Reply ; denying 34 Motion to File Permissive Sur-Reply to Defendants Motion for Summary Disposition; denying 35 Motion to Delay a Decision on Defendants' Motion for Summary Disposition and to Reopen Discovery for Period of 90 Days. Defendant Tim Wengler shall be DISMISSED with prejudice from the current action. Defendants Daniel Prado, Joel Young and Joseph Cardona are DISMISSED without prejudiced. Plaintiff shall consult with ICC Defendants counsel no later than 14 days after entry of this Order, to determine whether Plaintiff and any Defendant is willing to attend a judicial settlement conference with a United States Magistrate Judge to attempt to settle the remaining issues. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)