ORDER MAX O. COGBURN, JR., District Judge. THIS MATTER is before the court on plaintiff's Motion for Summary Judgment (#23) and the defendant's Motion for Summary Judgment (#25). Having carefully considered those motions and conducted a hearing, the court enters the following findings, conclusions, and Order granting in part and denying in part the motions for summary judgment, and directing the Clerk of this court to place this matter on the December 2011 trial calendar. FINDINGS AND...
ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Plaintiffs' Motion to Remand [Doc. 11]. PROCEDURAL HISTORY On November 24, 2010, the Plaintiffs initiated an action in state court alleging state law claims for trespass to property and inverse condemnation as well as constitutional claims pursuant to both the state and federal constitutions. [Doc. 1-1]. On December 21, 2010, the Defendant removed the action to this Court alleging that the Complaint contained...
ORDER MAX O. COGBURN, JR., District Judge. THIS MATTER is before the court on an anonymous John Doe defendant's Motion to Dismiss (#17). Such defendant states that the motion was filed in that manner because "I fear retaliation by Plaintiff." Id., at p. 1. Such defendant states, however, that "I have ... received a letter from Plaintiff, as well as telephone calls trying to get me to pay them thousands of dollars to avoid being named in a Federal law suit." Id. Thus, it appears that...
ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the court on Defendant's Motion for Summary Judgment and Memorandum in Support (Doc. No. 329); Plaintiffs' Response in Opposition (Doc. No. 434); and Defendant's Reply (Doc. No. 456). 1 For the reasons set forth below, the motion is GRANTED. FACTS 2 , 3 Plaintiff Ike Garza ("Garza") began working at Family Dollar in May of 2002 as an Assistant Manager of Store 1782 in Austin, Texas. (Doc. No. 330, Garza Deposition at 42,...
MEMORANDUM OF DECISION MAX O. COGBURN, JR., District Judge. THIS MATTER is before the court on review of defendants' Motion for Summary Judgment (# 69). In accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir.1975), this court entered an Order (# 71), advising plaintiff, who is proceeding pro se, of his obligations in responding to that motion and allowing him time within which to file his response and supporting affidavits and/or other evidence. While plaintiff filed a response...
MEMORANDUM AND ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on Defendant Drafting and Design, Inc.'s Motion for Summary Judgment (Doc. 54); Defendants Lennar Corp. and Lennar Carolinas, LLC's Motion for Summary Judgment (Doc. 55); and Plaintiff Building Graphics, Inc.'s Motion for Partial Summary Judgment (Doc. 57), all filed on November 16, 2009. Plaintiff brings this action alleging that defendants misappropriated three of its home designs that are...
MEMORANDUM OPINION AND ORDER ROBERT J. CONRAD, JR., Chief Judge. I. BACKGROUND On July 29, 2011, Plaintiff U.S. Airways, Inc. (U.S. Airways) filed a Complaint for Injunctive Relief (Doc. No. 1) and Motion for Preliminary Injunction (Doc. No. 10) against Defendants U.S. Airline Pilots Association (USAPA) and the president of USAPA, Michael Cleary (Cleary or Captain Cleary). Plaintiff alleges that the defendants have engaged in a campaign "to cause nationwide flight delays and cancellations...
ORDER GRAHAM C. MULLEN, District Judge. INTRODUCTION Stanley Marvin Campbell ("Trustee"), Trustee in Bankruptcy for ESA Environmental Specialists, Inc., appeals the Bankruptcy Court's Order granting The Hanover Insurance Company's ("Hanover") Motion for Summary Judgment. Specifically, the Trustee claims that the Bankruptcy Court erred in granting Summary Judgment for Hanover based on the earmarking defense and based on the new value defense. This Court holds that the Bankruptcy Court was...
MEMORANDUM OF DECISION MAX O. COGBURN JR., District Judge. THIS MATTER is before the court on defendants' Motion for Summary Judgment on Statute of Limitations Grounds (# 222), which has been fully briefed. A non-evidentiary hearing was conducted on July 20, 2011, at which counsel for all parties appeared and presented oral arguments. Having carefully considered the defendants' motion, considered the briefs of respective counsel, and heard arguments, the court enters the following findings,...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the following: 1. The Motion to Compel Arbitration and to Stay Proceedings [Doc. 24] of the Defendants D.F. McCarthy Investments XVIII, LLC; Queens Gap Holding Company, LLC; and Devin McCarthy (the McCarthy Defendants); 2. The Motion to Stay this Action and Compel Arbitration [Doc. 29] of the Defendants Queens Gap Mountain, LLC; Devinshire Land Development, LLC; Queens Gap Acquisition,...
ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before this Court on Defendants' Motion for Summary Judgment (Doc. No. 20). This motion has been fully briefed by the parties (Docs. Nos.22, 23) and is now ripe for consideration. For the reasons that follow, the motion is GRANTED. I. BACKGROUND Plaintiff filed this matter against Defendants as his former employers alleging wrongful termination in violation of the Fair Labor Standards Act ("FLSA") and North Carolina public policy. This...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Notice of Motion and Partial Motion to Dismiss by Defendants Macon County, Macon County Sheriff's Department, Robert L. Holland, Charles J. Lau, and the Ohio Casualty Insurance Company [Doc. 9]. Pursuant to 28 U.S.C. 636(b) and the Standing Orders of Designation of this Court, United States Magistrate Judge Dennis L. Howell was designated to consider the motion and to submit...
ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS RICHARD VOORHEES, District Judge. This Matter is before the court on Defendant's Partial Motion to Dismiss Count II of Plaintiffs Complaint and the accompanying Memorandum in Support (Documents 5, 7), filed April 20, 2009; Plaintiffs Response in Opposition to Motion (Document 10), filed May 1, 2009; and Defendant's Reply (Document 11), filed May 12, 2009. This matter is ripe for disposition. I. STATEMENT OF FACTS This action arises...
MEMORANDUM AND ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on Defendant Hickory Park Furniture Galleries, Inc.'s ("Hickory Park") Motion for Summary Judgment and Memorandum in Support (Dkt. 13 and 14), filed July 1, 2009; Plaintiff Equal Employment Opportunity Commission's (EEOC) Response in Opposition (Dkt. 15), filed July 20, 2009; and Defendant's Reply (Dkt. 16), filed July, 29, 2009. FACTUAL BACKGROUND 1 Hickory Park is a retail furniture business...
Memorandum and Order RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on Defendant's Motion To Dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction or, in the alternative, under Rule 12(b)(6) for failure to state a claim upon which relief could be granted. (Document #4) All related memoranda in support and in opposition are also before the Court. (Documents ##8, 9) I. Factual Background In October 2003,...
ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendants' Partial Motion to Dismiss [Doc. 12] and the Magistrate Judge's Memorandum and Recommendation [Doc. 19] regarding the disposition of that motion. Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider the motion to dismiss and to submit recommendations for its disposition. On...
MEMORANDUM OPINION AND ORDER RICHARD L. VOORHEES, District Judge. This is an action by Plaintiff James Wesley Jones against Defendant Penn National Insurance Company 1 alleging violations of the North Carolina Unfair or Deceptive Trade Practices Act ("UDTPA") arising from Defendant's carriage of Plaintiff's underinsured motorist insurance. The matter presently before the court is Defendant Penn National Insurance Company's Motion for Judgment on the Pleadings pursuant to Rule 12(c) of...
ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendants' Motion for Costs and Attorneys' Fees [Doc. 93]. I. PROCEDURAL BACKGROUND This is an action for patent infringement involving U.S. Patent No. 5,673,464 ("the '464 Patent"). The invention disclosed in the '464 Patent relates to a "Cargo Securement System and Tie Down Strap," which is essentially a tie-down strap used to restrain cargo during transport. Plaintiff Precision Links Incorporated is the...
ORDER GRAHAM C. MULLEN, District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment [D.I. 44], Plaintiff's Response [D.I. 47] and Defendant's Reply [D.I. 49]. Oral arguments were held on the Motion on March 21, 2011. For the reasons laid out below, the Defendant's Motion is GRANTED IN PART and DENIED IN PART. I. Background Cleveland Construction Company ("Plaintiff") filed suit against Fireman's Fund Insurance Company ("Defendant") on April 15, 2009 in the...
CONSENT JUDGMENT AND ORDER FRANK D. WHITNEY, District Judge. Plaintiff, Secretary of Labor, United States Department of Labor, pursuant to her authority under Sections 502(a)(2) and 502(a)(5), 29 U.S.C. 1132(a)(2) and 1132(a)(5), of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001 et seq. , ("ERISA") has filed a Complaint against Defendants Terry King, Jerry King, Richard German, J & T Utility Construction, Inc. f/k/a Floyd King & Sons, Inc., and the J & T...
