ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendant the College of Charleston's ("the College") Motion for Summary Judgment as to Plaintiff Raven Ray's ("Ray") claims against it arising from the alleged sexual harassment of Ray by Bowers. Ray's claims against Bowers include a civil rights violation pursuant to 42 U.S.C. 1983 and state law claims of battery, harassment, stalking, intentional infliction of emotional distress, and assault. Ray brings a...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendant Dorchester County School District Two's ("DCSD2") motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the following reasons, the court grants DCSD2's motion to dismiss. BACKGROUND On May 28, 2009, Plaintiff State Farm Fire and Casualty Company ("State Farm") brought this action against Defendants seeking declaratory relief pursuant to...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Plaintiff Joseph G. Cherochack, Jr.'s Motion to Alter or Amend Judgment and Motion to Amend Complaint. Based on the following, the court denies Plaintiffs Motions. ANALYSIS Plaintiff stated in his memorandum that "[i]n light of case law regarding enforcement of the Regulatory Settlement Agreement ("RSA"), the Plaintiff concedes that his first [declaratory judgment] and third [breach of contract] causes of...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon cross-motions for summary judgment filed by Plaintiff Lucille Holmes and Defendant Allstate Insurance Company ("Allstate"). For the reasons set forth below, the court grants Defendant Allstate's Motion for Summary Judgment and denies Plaintiff's Motion for Summary Judgment. BACKGROUND Some time before the events giving rise to this suit occurred, Plaintiff Lucille Holmes ("Plaintiff") had a personal...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Third-Party Defendant Cosco North America, Inc.'s Motion for Summary Judgment. For the reasons set forth herein, the court grants its motion. BACKGROUND Defendants and Third-Party Plaintiffs Yang Ming (America) Corporation and Yang Ming Marine Transportation Corporation ("collectively "Yang Ming") seek indemnification from Third-Party Defendant Cosco North America, Inc. ("Cosco") for any monetary damages it...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court for review of Metropolitan Life Insurance Company's decision to not disburse benefits to Debbie McCravy under an accidental death and dismemberment plan governed by ERISA. 1 Defendant has filed a Memorandum in Support of Preemption of Plaintiff's State Law Claims, which, with the agreement of the parties, this Court treats as a Rule 12 Motion to Dismiss. For the reasons set forth herein, the Court grants in part...
