STANDING ORDER JAMES C. DEVER, III , District Judge . Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. 3006A(a)(1) and (c), the Office of the Federal Public Defender for the Eastern District of North Carolina ("Federal Public Defender's Office") is hereby appointed to represent any defendant serving a federal sentence, who was previously determined to have been entitled to appointment of counsel or who was previously represented by the Federal Public Defender's Office at...
ORDER JAMES C. DEVER, III , Chief District Judge . On September 22, 2015, Algernon L. Butler, III ("Butler"), Chapter 7 Trustee for TP, Inc., moved to dismiss Ronald S. Bryant's ("Bryant") bankruptcy appeal. See [D.E. 6]. On October 20, 2015, Bryant filed an incoherent response. See [D.E. 11]. On July 20, 2015, the bankruptcy court entered the order from which Bryant appeals. See [D.E. 7-6]. On August 6, 2015, Bryant filed his notice of appeal with the bankruptcy court clerk. See [...
MEMORANDUM AND RECOMMENDATION JAMES E. GATES , Magistrate Judge . In this action, plaintiff Malcolm Brian Pope ("plaintiff" or, in context, "claimant") challenges the final decision of defendant Acting Commissioner of Social Security ("Commissioner") denying his application for a period of disability and disability insurance benefits ("DIB") on the grounds that he is not disabled. The case is before the court on the parties' motions for judgment on the pleadings (D.E. 24, 26). Both parties...
ORDER In accordance with the parties' Stipulation of Dismissal filed on May 20, 2015 [DE 3] and Rule 8023 of the Federal Rules of Bankruptcy Procedure, this bankruptcy appeal is dismissed with prejudice. Pursuant to the Stipulation of Dismissal, the parties will be responsible for their respective attorney's fees, and any other costs incurred in this bankruptcy appeal shall be borne by the appellant.
ORDER OF DISMISSAL WITH PREJUDICE LOUISE WOOD FLANAGAN , District Judge . Pursuant to the terms of the Order of Approval of Settlement Agreement approved by this Court on the 4th day of April , 2015, this Court has received notification from counsel for all parties that the timeframes in Section III(E) of the Agreement have lapsed and the Settlement Agreement has not become void. Accordingly, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE.
ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on plaintiff's motion (D.E. 96) seeking production of an additional copy of the documents filed at docket entries 85 through 87 and any digital disk attachments. Plaintiff indicates in his motion that he did not receive the requested documents and information in light of his recent transfer to a different facility. Counsel for defendant Jerry Seighman filed a notice with the court (D.E. 97) indicating that an...
ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on the plaintiff's Motion to Seal [DE-32]. For good cause shown, the motion is ALLOWED. The Clerk of Court is DIRECTED to file and to maintain under seal the document [DE-31]. SO ORDERED.
ORDER JAMES E. GATES , Magistrate Judge . This proceeding is one for enforcement of two subpoenas for the deposition of non-party Margaret Fasano issued by counsel for the remaining defendant, Board of Cooperative Educational Services, Nassau ("defendant"), from the United States District Court for the Eastern District of New York ("EDNY") in an employment action in that court, brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., bearing the...
STANDING ORDER JAMES C. DEVER III , Chief District Judge . Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. 3006A(a)(1) and (c), the Office of the Federal Public Defender for the Eastern District of North Carolina ("Federal Public Defender's Office") is hereby appointed to represent any defendant serving a federal sentence, who was previously determined to have been entitled to appointment of counsel or who was previously represented by the Federal Public Defender's...
STANDING ORDER JAMES C. DEVER III , Chief District Judge . Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. 3006A(a)(1) and (c), the Office of the Federal Public Defender for the Eastern District of North Carolina ("Federal Public Defender's Office") is hereby appointed to represent any defendant serving a federal sentence, who was previously determined to have been entitled to appointment of counsel or who was previously represented by the Federal Public Defender's...
MEMORANDUM ORDER N. C. TILLEY, Jr. , District Judge . This matter is currently before the Court on motion of James S. Farrin, P.C. ("Farrin") to enforce an arbitration award that was entered on June 24, 2015. (Doc. #1.) According to the Federal Arbitration Act, a court "must" enter an order confirming an arbitration award if: (1) the parties agreed in the arbitration agreement that judgment may be entered by a court; (2) the moving party has requested the confirmation within one year of...
ORDER JAMES E. GATES , Magistrate Judge . This case comes before the court on three motions to seal: (1) a consent motion by defendant Hog Slat, Inc. ("defendant") (D.E. 37) to maintain under temporary seal its memorandum of law in support of its emergency motion to compel, its memorandum of law in support of its motion for spoliation and sanctions, and attached exhibits to these memoranda; (2) a consent motion by plaintiff CTB, Inc. ("plaintiff") (D.E. 48) to maintain under temporary seal...
ORDER TO SEAL INDICTMENT JAMES E. GATES , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 15, 2015, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing the arrest warrant for the defendants and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
STANDING ORDER JAMES C. DEVER, III , District Judge . Pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. 3006A(a)(1) and (c), the Office of the Federal Public Defender for the Eastern District of North Carolina ("Federal Public Defender's Office") is hereby appointed to represent any defendant serving a federal sentence, who was previously determined to have been entitled to appointment of counsel or who was previously represented by the Federal Public Defender's Office at...
JUDGMENT Decision by Court. This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of appeal by Sharon J. Cobham, debtor, from an order of the United States Bankruptcy Court dated March 18, 2015. IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered December 7, 2015, and for the reasons set forth more specifically therein, that the decision of the bankruptcy court is AFFIRMED. This Judgment Filed and Entered on...
JUDGMENT Decision by Court. This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of appeal by Sharon J. Cobham, debtor, from an order of the United States Bankruptcy Court dated March 18, 2015. IT IS ORDERED, ADJUDGED AND DECREED in accordance with the courts order entered December 7, 2015, and for the reasons set forth more specifically therein, that the decision of the bankruptcy court is AFFIRMED. This Judgment Filed and Entered on...
MEMORANDUM ORDER THOMAS D. SCHROEDER , District Judge . Before the court is the motion of Tempur Sealy International, Inc. ("Tempur Sealy") to dismiss for failure to state a claim. (Doc. 6.) The motion has been fully briefed, and the matter is ripe for decision. For the reasons set forth below, the motion will be granted in part and denied in part. I. BACKGROUND The complaint (Doc. 1) alleges the following facts, which the court accepts as true for the limited purpose of this memorandum...
ORDER CATHERINE C. EAGLES , District Judge . The Recommendation of the United States Magistrate Judge was filed in accordance with 28 U.S.C. 636(b) and, on December 7, 2015, was served on the parties in this action. No objections were filed. The Court has reviewed the Magistrate Judge's Recommendation and agrees with it. The Recommendation is adopted in full. It is THEREFORE ORDERED that the motions to dismiss filed by defendants DDDB, LLC, (Doc. 67), Falcon Technologies, LLC, (Doc....
ORDER LOUISE W. FLANAGAN , District Judge . Plaintiff filed this civil rights action pro se pursuant to 42 U.S.C. 1983, and the court entered an order granting defendants' respective motions to dismiss on November 24, 2015. This matter now comes before the court on plaintiff's pleading captioned "Crucial Facts Misconstrued and Ignored by Judge Flanagan" (DE 110), which this court construes as a motion to alter or amend the court's November 24, 2015, judgment pursuant to Federal Rule of...
ORDER TO SEAL INDICTMENT ROBERT T. NUMBERS , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 2, 2015, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendants and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
