ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Motion for Summary Judgment [DE-47] filed by Plaintiffs American Civil Liberties Union of North Carolina ("the ACLU-NC"), Dean Debnam, Christopher Heaney, Susan Holliday, CNM, MSN and Maria Magher (collectively, "Plaintiffs"). Defendants Eugene A. Conti and Michael Robertson, sued in their official capacities as Secretary of the North Carolina Department of Transportation and Commissioner of the North Carolina...
STIPULATED PROTECTIVE ORDER LOUISE W. FLANAGAN, District Judge NOW COME the Plaintiff, GMAC Mortgage, LLC (herein the " Plaintiff "), and Defendant, Regions Bank (herein the " Defendant ") (both the Plaintiff and the Defendant are hereinafter individually referred to as a "Party", and collectively referred to as the "Parties" ), by and through their respective undersigned counsel, and for purposes of this Stipulated Protective Order hereby stipulate as follows: WHEREAS, the Parties agree...
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES, District Judge. This matter is before the Court on the Defendant's Motion for Summary Judgment. (Doc. 70.) The plaintiff, Katharine Rouse, has pending claims against the defendant, Duke University, for creation and maintenance of a hostile educational environment, negligence, negligent and intentional infliction of emotional distress, and breach of contract. The claims all concern Duke's conduct toward Ms. Rouse in the months following her...
ORDER JAMES C. DEVER III, Chief Judge. On October 14, 2010, Plaintiff Raymond Wood ("plaintiff" or "Wood") filed suit in Duplin County Superior Court against his former employer, the Town of Warsaw ("defendant" or "Town") [D.E. 1-2]. Wood alleges that the Town terminated his employment as Chief of Police in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 626-634, and North Carolina public policy. Id. On October 26, 2010, the Town removed the case...
ORDER JAMES C. DEVER III, Chief Judge. On June 14, 2012, Alan Pitts, Seneca Nicholson-Pitts, and Deryl Von Williams ("plaintiffs") filed a pro se complaint under the Voting Rights Act of 1965, 42 U.S.C. 1973c, 42 U.S.C. 1983, and 42 U.S.C. 1985 [D.E. 1]. The complaint is thirty pages long, exclusive of numerous attachments, and names as defendants fourteen individuals in their individual and official capacities (apparently) and five entities. Essentially, plaintiffs appear to contest...
MEMORANDUM OPINION AND ORDER OSTEEN, JR., Chief Judge. Presently before this court are the Motions for Summary Judgment filed by Defendant United Parcel Service, Inc. ("UPS") (Doc. 24) and Defendant United Parcel Service Co. ("UPS, Co.") (Doc. 23). Plaintiff Melvin L. Dove, Jr., has filed a Response (Doc. 34), 1 and UPS and UPS Co. have each filed a reply (Docs. 39 and 40, respectively.) For the reasons set forth herein, Defendants' Motions will be granted. I. BACKGROUND Plaintiff...
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES, District Judge. Penny Robinson was arrested by Concord Police Department officers on drug charges, and officers seized over $17,000 from her hotel room. While her motion to return the seized money was pending in the criminal case in the Superior Court of Cabarrus County, North Carolina, the Police Department asked the Federal Bureau of Investigation if it would like to adopt the forfeiture of the money pursuant to federal law authorizing...
ORDER JAMES C. DEVER III, Chief Judge. On May 30, 2012, after an eleven-day trial and one day of deliberations, a jury returned a verdict against Silicon Knights, Inc. ("Silicon Knights" or "plaintiff") [D.E. 802]. The jury found that Silicon Knights failed to prove its breach of contract claim, and that Epic Games, Inc. ("Epic Games" or "defendant") had proven its breach of contract, copyright infringement, and trade secret misappropriation counterclaims. Id. 1-3. The jury awarded Epic...
CONSENT PROTECTIVE ORDER AND STIPULATION OF CONFIDENTIALITY LOUISE W. FLANAGAN, District Judge. THIS CAUSE came to be heard on the joint application of Plaintiff and Defendants, and it appearing to the Court that the discovery and trial in this action may involve the production, disclosure, and filing with the Court of confidential, sensitive or proprietary business information, or trade secrets (collectively referred to as "Confidential Information") requiring protection against...
JOINT AGREED PROTECTIVE ORDER LOUIS W. FLANAGAN, District Judge. Pursuant to Rule 26 of the Federal Rules of Civil Procedure and consistent with the standards of Stone v. University of Maryland Medical System Corp., 855 F.2d 178 , 180-81 (4 th Cir. 1988), and for good cause shown, the parties hereby stipulate the confidentiality of certain limited confidential and proprietary information which may be disclosed by Defendants, Bank of America Corporation and Merrill Lynch, Pierce, Fenner &...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on defendant's motions to dismiss count eleven due to duplicity [DE 120], to dismiss for double jeopardy violation [DE 121], and to sever [DE 122]. Defendant's motion to dismiss count eleven due to duplicity is DENIED, the motion to dismiss for double jeopardy violation is DENIED, and the motion to sever is DENIED. BACKGROUND On July 2, 2012, defendant was charged with five counts of a twelve-count indictment. Those...
ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on plaintiff's motion for preliminary injunction [DE 19], plaintiff's motion to remand [DE 9], plaintiff's motion for expedited discovery [DE 21], plaintiff's motion for expedited consideration of the preliminary injunction [DE 25] and defendant's motion for partial dismissal and for transfer or consolidation [DE 3]. Plaintiff's motion for preliminary injunction is DENIED, plaintiff's motion to remand is DENIED,...
ORDER JAMES C. DEVER, III, Chief Judge. On January 29, 2010, George Cooper, Sr. ("Cooper Sr.") and George Cooper, Jr. ("Cooper Jr.") filed a complaint asserting claims under federal and North Carolina law [D.E. 1]. The complaint arises from a shooting that took place in Brunswick County, North Carolina on May 2, 2007, and the events leading to the shooting are hotly contested. Plaintiffs sued the Brunswick County Sheriff's Department ("BCSD"), as well as several BCSD employees, in their...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Plaintiff Beth A. Cosey ("Cosey") brings this action for short-term disability ("STD") and long-term disability ("LTD") benefits. Cosey and Defendants, The Prudential Insurance Company of America ("Prudential") and bioMerieux, Inc. ("bioMerieux"), have cross-moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Docs. 24, 25.) For the reasons set forth below, Cosey's motion will be denied, and Defendants'...
MEMORANDUM OPINION AND ORDER OSTEEN, JR., District Judge. Presently pending before this court are the Motion to Dismiss for Failure to State a Claim (Doc. 22) filed by Defendants Ashley Furniture Industries, Inc., and Todd Wanek, and the Joint Motion to Dismiss all Counts of Plaintiff's Complaint Pursuant to Rule 12(b)(6) (Doc. 25) filed by Defendants Leather Industries of America and Dr. Nicholas J. Cory. Both motions have been responded to and are ripe for disposition. Ashley Furniture...
MEMORANDUM OPINION AND ORDER OSTEEN, JR., District Judge. Presently before this court are the 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 20) filed by Defendant Todd Wanek (hereinafter "Def. Wanek's 12(b)(2) Mot. to Dismiss") and the 12(b)(2) Motion to Dismiss Design Resources, Inc.'s Complaint for Lack of Personal Jurisdiction (Doc. 26) filed by Defendant Dr. Nicholas J. Cory (hereinafter "Def. Cory's 12(b)(2) Mot. to Dismiss"). The parties have filed the appropriate...
ORDER LOUISE W. FLANAGAN, District Judge. This matter comes before the court on the motion to dismiss (DE # 32) pursuant to Federal Rule of Civil Procedure 12(b)(6), 1 the motion to stay the initial order regarding planning and scheduling (DE # 34), and the motion for a protective order (DE # 52) filed by defendants Ms. Adcocks ("Adcocks"), Mr. Barrett ("Barrett"), Art Beeler ("Beeler"), Shorty Brawner ("Brawner"), Lynnell Cox ("Cox"), Candace Gregory ("Gregory"), Harley Lappin ("Lappin"),...
ORDER JAMES C. DEVER III, Chief Judge. On September 1, 2011, Brad Haberland ("Haberland" or "plaintiff") filed this action derivatively on behalf of Dex One Corporation ("Dex One"). Compl. [D.E. 1]. Haberland's complaint alleges breaches of fiduciary duties and unjust enrichment allegedly committed by Jonathan B. Bulkeley ("Bulkeley"), Eugene I. Davis ("Davis"), Richard L. Kuersteiner ("Kuersteiner"), W. Kirk Liddell ("Liddell"), Mark A. McEachen ("McEachen"), Alfred T. Mockett ("Mockett"),...
ORDER JAMES C. DEVER III, Chief Judge. This case involves whether a third party auctioneer is an "insider" of the debtors under 11 U.S.C. 101(31). Third parties having a certain, statutorily defined relationship with a debtor are considered "statutory insiders" under section 101(31) and may not provide professional services to the debtor. However, due to section 101(31)'s use of the word "includes," the definition of statutory insiders is not exclusive. Accordingly, and semantically odd,...
CONSENT PROTECTIVE ORDER LOUISE W. FLANAGAN, 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 Local Civil Rule 79.2. This action arises out of the alleged termination of Plaintiff's employment by Defendant. Plaintiff has asserted a claim of intentional discrimination based on religion. Defendant denies that any discrimination occurred and contends that it ceased offering Plaintiff employment...
