ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment [DE 24]. For the reasons discussed below, Defendant's Motion for Summary Judgment is granted. BACKGROUND Plaintiff Edwin Jolly worked for the University of North Carolina at Wilmington ("UNCW" or Defendant) in various capacities dealing with information technology for approximately twenty two years. This matter arises out of Plaintiff's alleged discussions and a dispute...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendants Robert A. Hedesh and Robert A. Hedesh, Esq., LLC ("the Hedesh Defendants")'s Motion to Dismiss for Lack of Jurisdiction and Alternative Motion to Transfer Venue to United States District Court of South Carolina [DE 39] and Defendants Robert H. Gwin, III and Gwin Law Office, LLC ("the Gwin Defendants")'s Motion to Dismiss for Lack of Jurisdiction [DE 44]. Defendant Chicago Title Insurance Company ("...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on cross-Motions for Judgment on the Pleadings. A hearing was held on these matters before the undersigned on October 18, 2011. For the reasons discussed below, this matter is remanded to the Commissioner for further proceedings. BACKGROUND Plaintiff brought this action under 42 U.S.C. 405(g) and 1383(c)(3) for review of the final decision of the Commissioner denying her claim for Disability Insurance...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendant Capitol Ministries' Motion to Dismiss [DE 7] for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). Plaintiff Capitol Commission filed its complaint on May 1, 2011 [DE 1], which it amended on May 3, 2011 [DE 4]. On June 30, 2011, Capitol Ministries filed the instant Motion. Capitol Commission responded on September 8 [DE 16] and Capitol Ministries replied on September...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on the parties' Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure [DE 26, 29]. Mr. Bullock alleges (1) that the Administrative Law Judge ("ALJ") failed to properly evaluate the weight accorded to a medical source statement provided by Mr. Bullock's treating physician's assistant, and (2) that the ALJ failed to properly evaluate Mr. Bullock's depression as a...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendant Craven-Pamlico-Carteret Regional Library System ("CPC Regional")'s Motion to Dismiss Pursuant to Rule 12(b)(6) [DE 7], seeking to dismiss Plaintiffs claims for breach of contract. Plaintiff Sirsi Corporation ("Sirsi") responded on July 22 [DE 15] and CPC Regional replied on July 26 [DE 17]. Because Sirsi's complaint states a plausible claim for relief, CPC Regional's Motion to Dismiss is DENIED....
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendant von Drehle's Motion for Reconsideration [DE 241] and a Motion to Intervene as a Defendant filed by Myers Supply, Inc. [DE 246]. Plaintiff Georgia-Pacific has responded to the instant motions, von Drehle and Myers Supply have replied, and the matters are ripe for ruling. For the reasons discussed below, Defendant von Drehle's Motion for Reconsideration is denied, Myers Supply's Motion to Intervene is...
MEMORANDUM 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"), in which the court previously granted summary judgment to Defendants Pitney Bowes Inc. 1 ("Pitney Bowes") and Pitney Bowes Inc. Employee Benefits Committee ("Benefits Committee"). Matlock v. Pitney-Bowes, Inc., 751 F.Supp.2d 823 (M.D.N.C.2010). Defendants now move for costs and attorneys'...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This action is one of several filed in this court by both black and white officers of the Greensboro Police Department ("GPD") alleging racial discrimination and other wrongdoing. 1 Before the court are various motions to dismiss filed by Defendants John D. Slone ("Slone") 2 and Ernest L. Cuthbertson ("Cuthbertson") (Doc. 39), Timothy R. Bellamy ("Bellamy"), Gary W. Hastings ("Hastings"), and Martha T. Kelly ("Kelly") (Doc....
ORDER TERRENCE W. BOYLE, District Judge. Before the Court is Respondent's Motion to Dismiss [DE 65]. The Motion is GRANTED IN PART and DENIED IN PART. As set forth below, the Court holds that the Adam Walsh Act, as applied to Respondent, is unconstitutional. This action is DISMISSED. I. BACKGROUND A. The Adam Walsh Child Protection and Safety Act of 2006 Pursuant to The Adam Walsh Child Protection and Safety Act of 2006 1 (the "Act," "the Adam Walsh Act," or " 4248"), the...
ORDER TERRENCE WILLIAM BOYLE, District Judge. Before the Court is a Motion to Dismiss, or, Alternatively, a Motion to Stay Pending Arbitration [DE 5] filed by Defendant Dow Roofing Systems, LLC, f/k/a/ Stevens Roofing Systems ("Dow Roofing"), as the successor-in-interest to Co-Defendant JPS Elastomerics Corporation ("JPS"). For the following reasons, the Motion is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE. I. BACKGROUND Plaintiff Wake County Board of Education ("Board")...
AMENDED MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES, District Judge. Earlier this year, the North Carolina General Assembly passed the "Woman's Right to Know Act" ("the Act"), 2011 N.C. Sess. Laws 405 (to be codified at N.C. Gen.Stat. 90-21.80 through 90-21.92). The Act is slated to become effective on October 26, 2011. The Plaintiffs — several North Carolina physicians and health care providers — brought this action on behalf of themselves and their patients challenging the...
ORDER LOUISE W. FLANAGAN, District Judge. This matter comes before the court on defendant's and intervenor-defendant's motions for summary judgment pursuant to Federal Rule of Civil Procedure 56 (DE ## 84, 86). 1 Plaintiffs timely responded in opposition, and defendant and intervenor-defendant replied. For the following reasons, defendant's and intervenor-defendant's motions are granted. STATEMENT OF THE CASE American Petroleum Institute ("API"), a national trade association of...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This is a tax case in which the United States of America (or "Government") seeks recovery of alleged unpaid taxes and penalties. Before the court is the motion of Defendant Jerry B. Clayton ("Clayton") for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Doc. 43.) Clayton contends that a general discharge from his previous bankruptcy proceedings protects him from the complaint's allegations of mere...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This case arises out of injury Plaintiff Randy Edwards ("Edwards") allegedly suffered in connection with his arrest by Defendant Deckster Barlowe ("Barlowe"), a Sergeant with the Concord (North Carolina) Police Department. Edwards' amended complaint asserts causes of action for false arrest against Barlowe in his individual capacity (first cause of action), assault and battery against Barlowe in his individual capacity (second...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This is an action alleging copyright infringement as well as breach of contract, unjust enrichment, unfair competition, and unfair and deceptive trade practices under North Carolina law. Several motions are before the court. Five Defendants — R.T.G. Furniture Corp., Rooms to Go Tennessee Corp., Rooms to Go Louisiana Corp., Rooms to Go Mississippi Corp., and Rooms to Go Alabama Corp. ("Jurisdictional Defendants") 1 — move to...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendants' Motion to Dismiss, Plaintiffs Motion for Partial Summary Judgment, and Plaintiffs Motion for Preliminary Injunction. A hearing was held on these matters before the undersigned on October 12, 2011, in Raleigh, North Carolina and all matters are ripe for ruling. For the reasons discussed below, Defendants' Motion to Dismiss is granted and all other pending motions are denied as moot. BACKGROUND...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment [DE 28]. Plaintiff has responded [DE 33], Defendants have replied [DE 37], and the matter is now ripe for ruling. For the reasons discussed below, Defendants' Motion for Summary Judgment is denied. BACKGROUND Plaintiff was employed by Defendant Beasley, 1 an operator of five radio stations in Fayetteville, North Carolina, as an account executive. Plaintiffs responsibilities...
ORDER TERRENCE WILLIAM BOYLE, District Judge. This matter is before the Court on Defendants Industrial Fumigant Co. ("IFC") and Rollins' Motion to Dismiss [DE 13]. Plaintiffs Severn Peanut Co. ("Severn") and Meherrin Agriculture & Chemical Co. ("Meherrin") filed their complaint on April 8, 2011, asserting claims for negligence, negligence per se, and breach of contract as a result of an explosion in Severn's peanut storage dome ("Dome") 1 . Defendants seek to dismiss these claims on the...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Before the court is the motion of Plaintiffs SV International, Inc. ("SV International") and ECMD, Inc. ("ECMD") (collectively "Plaintiffs"), to dismiss the counterclaims of Defendant Fu Jian Quanyu Industry Company, Ltd. ("Fu Jian"), pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). (Doc. 44.) The motion contends that Fu Jian's patent infringement counterclaim fails to state a claim upon which relief can...
