ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment, Motion to Strike, Motion to Compel Discovery Responses, Motion to Expedite Briefing Schedule, and Motion to Strike Amended Document. The parties completed discovery on July 7, 2010. The Defendants' Motion for Summary Judgment is GRANTED on their affirmative defense of laches. All other motions in this case are DISMISSED as moot. I. FACTS Plaintiff sued Defendants in 2008...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment. Defendants' Motion is GRANTED in part and DENIED in part. FACTS Plaintiff claims her employer violated Title VII when it allowed Plaintiffs manager to discriminate against her because she is a woman. Plaintiff began her employment with Defendant Carolina Power and Light Company in 2002 as a Work Management Specialist for the Outage...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. The Report and Recommendation of the United States Magistrate Judge ("Recommendation") was filed with the court in accordance with 28 U.S.C. 636(b) and, on April 23, 2010, was served on the parties in this action. Within the time limits prescribed by section 636, Defendant Cemex, Inc. ("Cemex") filed objections. (Doc. 14.) Plaintiff James E. Lunsford ("Lunsford") filed a response to the objections (Doc. 15), and the Defendant...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on a Motion for Summary Judgement filed by Defendants Protective Solutions, Inc. ("PSI"), Protective Enterprises, LLC ("Protective Enterprises"), and David Duncan (collectively "the Protective Defendants") [DE 61], a Motion for Summary Judgment filed by Defendants Ballistic Solution Technologies, LLC ("BST") and R. Lupton Pittman, III ("Pittman") [DE 58], and a Motion for Partial Summary Judgment filed by Plaintiffs...
ORDER JAMES C. DEVER III, District Judge. On August 11, 2010, Embarq Management Corporation ("Embarq" or "defendant") filed a motion to dismiss Kimbly C. Bufford's ("Bufford" or "plaintiff") amended complaint [D.E. 22]. In the amended complaint, Bufford seeks relief under Title VII, 42 U.S.C. 1981, and N.C. Gen.Stat. 143-422.2 for failure to hire due to her race [D.E. 16]. In analyzing a motion to dismiss for failure to state a claim upon which relief can be granted, a court must...
ORDER LOUISE W. FLANAGAN, Chief Judge. This matter comes before the court on the parties' cross-motions for summary judgment (DE ##19, 21). Each party has responded to the other's motion, and to each response a reply has been filed. In this posture, the issues raised are ripe for adjudication. For the reasons set forth more particularly herein, plaintiffs motion is granted, and defendant's motion is denied. STATEMENT OF THE CASE Plaintiff initiated this civil rights action November 19, 2009...
ORDER LOUISE W. FLANAGAN, Chief Judge. This matter comes before the court on defendant's motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure (DE # 6). The matter has been fully briefed and, in this posture, the issues raised now are ripe for ruling. For the reasons that follow, defendant's motion is denied. STATEMENT OF THE CASE Plaintiff filed this action in Wake County Superior Court on July 14, 2010, alleging breach of...
TERRENCE WILLIAM BOYLE, District Judge. This matter is before the court on the government's motions to stay this court's October 29, 2010, Order dismissing each of the above-captioned cases. Respondents filed responses in opposition to the motions on November 17 and 22, 2010. The government replied, and the motions are ripe for disposition. For the reasons set forth herein, the government's motions to stay are denied. INTRODUCTION Respondents are former federal prisoners who have had...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This is an action for retirement benefits pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1101 et seq. ("ERISA"). Defendants Pitney Bowes Inc. ("Pitney Bowes") 1 and Pitney Bowes Inc. Employee Benefits Committee ("Benefits Committee"), move for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Doc. 21.) For the reasons set forth herein, the motion will be granted. I....
ORDER LOUISE W. FLANAGAN, Chief Judge. This matter is before the court on defendant's motion for summary judgment on the issue of liability (DE # 13). Plaintiff filed a memorandum in opposition to defendant's motion (DE # 23), and defendant has filed a reply (DE # 24). In this posture, the issues are ripe for review. For the reasons that follow, the court grants defendant's motion for summary judgment. STATEMENT OF THE CASE On March 8, 2010, plaintiff The Daniel Group ("plaintiff") filed...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Before the court is the post-trial motion for interest and attorneys' fees by Plaintiff SCCB, Inc., d/b/a Stewart Construction Company ("SCCB"). (Doc. 95.) Defendants The Broadband Companies, LLC, Broadband Construction Services, LLC (collectively "Broadband"), 1 P. Browne & Associates, Inc. ("P. Browne"), and Arch Insurance Company ("Arch") (collectively "Defendants") all oppose the motion. (Docs. 97-99.) For the reasons...
ORDER JAMES C. DEVER III, District Judge. Native Angels Home Care Agency, Inc. ("Native Angels" or "plaintiff"), a Medicare-certified hospice provider, filed suit against Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services ("Secretary" or "defendant") and contends that 42 C.F.R. 418.309(b)(1) is invalid and contrary to law. For purposes of calculating a hospice provider's Medicare-reimbursement "cap" for a fiscal year, 42 C.F.R. 418.309(b)(1) dictates how...
TERRENCE WILLIAM BOYLE, District Judge. Respondents are former federal prisoners who have had Certifications of a Sexually Dangerous Person pursuant to 18 U.S.C. 4248 filed against them by the federal government under the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No. 109-248, 120 Stat. 587 (2006) ("Adam Walsh Act"). Section 4248 permits the court to indefinitely commit an individual if, after a hearing, the court finds by clear and convincing evidence the person is a "...
ORDER LOUISE W. FLANAGAN, Chief Judge. This matter comes before the court on plaintiffs motion for summary judgment (DE #30). Defendants have responded in opposition, and plaintiff has replied. In this posture, the issues raised are ripe for ruling. For the reasons that follow, the court denies plaintiffs motion and instead enters judgment in favor of defendants. STATEMENT OF THE CASE Plaintiff, a lobbyist for the American Civil Liberties Union of North Carolina ("ACLU-NC"), filed complaint...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on Defendant Luihn Four, Inc.'s Motion to Dismiss. Plaintiff Owen Harry brought this action alleging violations of the Americans with Disabilities Act, 42 U.S.C. 12181 et seq. ("ADA"). For the foregoing reasons, Defendant's motion is GRANTED. Plaintiffs claims are DISMISSED in their entirety. BACKGROUND On March 18, 2010, Plaintiff Owen Harry ("Harty") sued Luihn Four, Inc. ("Luihn Four") seeking injunctive...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. The North Carolina Farmers' Assistance Fund, Inc. ("NCFAF"), brings this lawsuit as "a qui tam action under the false marking provisions of the Patent Act of 1952, as amended, 35 U.S.C. 292." (Doc. 1 4.) Before the court are motions to dismiss the complaint for failure to state a claim upon which relief can be granted and for failure to plead with particularity (or in the alternative for more definite statement),...
ORDER LOUISE W. FLANAGAN, Chief Judge. This matter comes before the court on the cross-motions for summary judgment filed by plaintiff Evanston Insurance Company ("Evanston") (DE # 51) and intervenor Allied Terminals, Inc. ("Allied") (DE # 63). 1 The issues raised in these motions are ripe for ruling. For the reasons that follow, Evanston's motion is granted and Allied's motion is denied. STATEMENT OF THE CASE Evanston filed this declaratory judgment action against defendants G & T...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. TABLE OF CONTENTS TABLE OF CONTENTS.....................................................................986 I. FINDINGS OF FACT..................................................................987 A. The Aircraft and Pilots......................................................988 B. MTV and Approach to Runway 30................................................989 C. Greensboros Terminal Radar Approach Control Facility............
MEMORANDUM OPINION JAMES A. BEATY, JR., District Judge. This case involves claims by Plaintiff Veda Stroder ("Plaintiff") for violation of the Family Medical Leave Act ("FMLA"), 29 U.S.C. 2601-2654. In Count 1, Plaintiff alleges violation of the FMLA by her former employer, Defendant United Parcel Service, Inc., ("Defendant") in denying her request for 10 weeks of Family Medical Leave to care for her autistic son. In Counts 2 and 3, Plaintiff alleges that Defendant discriminated and...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Plaintiff Cathy T. DiPaulo ("DiPaulo") brings this action against John Potter in his representative capacity as Postmaster General of the United States Postal Service ("USPS") under the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. 791 et seq. and the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101 et seq., alleging claims of mental disability discrimination. USPS has filed a motion to...
