CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER, Magistrate Judge. BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER, Magistrate Judge. BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT ORDER AND JUDGMENT OF FORFEITURE PENDING RULE 32.2(c)(2) DAVID KEESLER, Magistrate Judge. BASED UPON the Defendant's plea of guilty and finding that there is a nexus between the property listed below and the offense(s) to which the Defendant has pled guilty and that the Defendant (or any combination of Defendants in this case) has or had a possessory interest or other legal interest in the property, IT IS HEREBY ORDERED THAT: 1. The following property is forfeited to the United...
CONSENT CONFIDENTIALITY AND PROTECTIVE ORDER DAVID S. CAYER, Magistrate Judge. This matter is before the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure for entry of an order, with consent and agreement of the parties, governing the disclosure and protection of confidential and proprietary business and/or personal information that may be sought during discovery in this case. In order to facilitate discovery while preserving and maintaining the confidentiality of certain...
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. 953); Plaintiff's Response in Opposition (Doc. No. 962); and Defendant's Reply (Doc. No. 966). For the reasons set forth below, the motion is GRANTED. FACTS 1 Plaintiff, Kimberly Saxon, began working for Family Dollar in 2004 as an Assistant Store Manager. 2 (Doc. No. 954, Saxon Dep. at 30-35.) In March of 2004, Saxon was promoted to...
STIPULATED PROTECTIVE ORDER DAVID S. CAYER, Magistrate Judge. STIPULATION This Stipulated Protective Order ("Protective Order") is entered into by the parties to the above-captioned action (the "Action"), subject to the approval of the Court, and is intended to protect from disclosure documents and information the parties deem to be confidential. Nothing herein is intended to affect the relevance, discoverability, or admissibility into evidence of any documents or information produced during...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the parties' supplemental pleadings filed pursuant to the instruction of this Court after the remand from the United States Court of Appeals for the Fourth Circuit, United States ex rel. Wilson v. Graham County Soil & Water Conservation District, et al., 399 Fed.Appx. 774 (4th Cir. 2010). PROCEDURAL HISTORY The United States Supreme Court summarized the procedural history of this case...
CONSENT ORDER AND JUDGMENT OF FORFEITURE DENNIS L. HOWELL, Magistrate Judge. WHEREAS, the defendant, WILLIAM MERLE LAWS, has voluntarily pleaded guilty pursuant to Federal Rule of Criminal Procedure 11 to one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property derived from or traceable to proceeds of the defendant's offense(s) herein; property involved in the...
CONSENT PROTECTIVE ORDER GRAHAM C. MULLEN, District Judge. This case is before this Court for entry of a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and L CvR 6.1(1) (Doc. No. 24). Because of the nature of some of the factual issues involved in this case, the parties anticipate that the discovery in this case may include production and disclosures by the parties and by third parties of information that may be confidential or proprietary, including, without...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendants' Motion for Summary Judgment [Doc. 49]. I. PROCEDURAL BACKGROUND The Plaintiff Jessica T. Simpson ("Plaintiff") initiated this action on June 10, 2011 against the Defendant Amylin Pharmaceuticals, Inc. ("Amylin") by filing a Complaint in the Buncombe County General Court of Justice, Superior Court Division, alleging that she was terminated from her employment on the basis...
CONSENT PROTECTIVE ORDER DENNIS L. HOWELL, Magistrate Judge. Pending before the Court is the Consent Motion for Protective Order [# 25]. Upon a review of the record and the parties' motion, the Court GRANTS the motion [# 25] and enters this Consent Protective Order negotiated by the parties. NOW COMES Buncombe County, Bobby Medford, Sam Constance, George Sprinkle, Michael Murphy, and John Elkins (hereafter "the Defendants"), by and through their respective undersigned counsel, Robert...
JOINT CONSENT PROTECTIVE ORDER DAVID C. KEESLER, Magistrate Judge. The parties have jointly moved the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure for entry of a Consent Protective Order to expedite the flow of discovery materials, facilitate the prompt resolution of discovery disputes as well as disputes concerning confidentiality, protect certain materials designated as confidential ("Confidential Materials"), and ensure that protection is afforded only to material...
ORDER DENNIS L. HOWELL, Magistrate Judge. STIPULATED ORDER — CONFIDENTIALITY AGREEMENT The parties have advised the Court that they anticipate discovery and production of documents which may be the proper subject of non-disclosure under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. In order to assist in the timely completion of discovery, the Court GRANTS the parties' motion [# 18] and enters this Order governing the procedure for seeking the protections under Rule 26(c)(1)(G)....
CONSENT PROTECTIVE ORDER DAVID S. CAYER, Magistrate Judge. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), and upon stipulation of the parties, as evidenced by the endorsement of counsel herein, and with the concurrence of the Court, 1. Whereas Plaintiff's Complaint includes, inter alia, claims pursuant to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 2000e, et seq. and 42 U.S.C. 1981, as well as state law claims for Wrongful...
CONSENT ORDER GRAHAM C. MULLEN, District Judge. Upon consent of the parties, Plaintiff, Charlotte Plastic Surgery Center, P.A., ("Plaintiff"), and Defendant, The Refine Institute, P.A. ("Defendant" or "Refine"), and the Court being advised and approving, IT IS HEREBY ORDERED, ADJUDGED, and DECREED as follows: 1. This Court has jurisdiction over the federal subject matter of this action pursuant to 28 U.S.C. 1331 and 1338, in that the claims arise under Sections 32 and 43 of the Lanham...
MEMORANDUM OPINION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the parties' cross motions for summary judgment. [Docs. 33; 37]. FACTUAL BACKGROUND Both Plaintiff Flexible Foam Products, Inc., ("FFP") and Defendant Vitafoam Incorporated ("Vitafoam") 1 are engaged in the manufacture of polyurethane foam products. [ Id. at 1]. On November 28, 2005, Vitafoam and FFP entered into two Asset Purchase Agreements ("Agreements"). [Doc. 37-3 at 24-62; 63-97]....
CONSENT ORDER AND JUDGMENT OF FORFEITURE DENNIS L. HOWELL, Magistrate Judge. WHEREAS, the defendant, BRIAN ALBERT MCKINNEY, has entered into a plea agreement (incorporated by reference herein) with the United States and has voluntarily pleaded guilty pursuant to Federal Rule of Criminal Procedure 11 to one or more criminal offenses under which forfeiture may be ordered; WHEREAS, the defendant and the United States stipulate and agree that the property described below constitutes property...
Memorandum & Order RICHARD L. VOORHEES, District Judge. THIS MATTER is before the court on a Motion to Dismiss by Defendant Driller's Service, Inc., filed on June 6, 2013, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, alleging failure to state a claim for which relief can be granted. (Doc. 10). Defendant timely filed a Memorandum of Law in Support of Motion to Dismiss. (Doc. 11). For the following reasons, the Court will DISMISS Defendant's Motion to Dismiss....
ORDER MAX O. COGBURN JR., District Judge. THIS MATTER is before the court on defendant's Motion for Partial Summary Judgment, plaintiffs' Response, and defendant's Reply. A hearing was held on defendant's motion on October 3, 2013. Having carefully considered the briefs, exhibits, and arguments of counsel, the court enters the following findings, conclusions, and Order granting in part and denying in part defendant's Motion for Partial Summary Judgment. FINDINGS and CONCLUSIONS I....
AMENDED CONSENT CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER DAVID C. KEESLER, Magistrate Judge. The parties hereby stipulate and agree that this Consent Confidentiality Agreement and Protective Order ("Order") is being entered pursuant to Rule 26(c) of the Federal Rules of Civil Procedure: 1. This Order shall govern all documents, the information contained therein, and all other information produced or disclosed during the Action, 1 including all copies, excerpts, summaries, or...
