ORDER LOUISE W. FLANAGAN, District Judge. This matter comes before the court on defendants' motion to dismiss (DE 25). 1 Pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b), United States Magistrate Judge Robert B. Jones, Jr. entered a memorandum and recommendation ("M & R") wherein it is recommended that defendants' motion be granted in part and denied in part (DE 37). Plaintiff timely filed objection, as did defendants Perry, Million, Ross and Hanning ("individual...
ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Defendants' (collectively, "TranS1") 1 motion to dismiss [DE-34]. 2 Plaintiffs (collectively, "Caplin") have filed a response in opposition [DE-41]. The motion has been fully briefed and is ripe for ruling. I. PROCEDURAL AND FACTUAL BACKGROUND Caplin initiated this action on January 4, 2012, by filing a Class Action Complaint [DE-1] alleging claims for violations of the federal securities laws. Caplin...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Plaintiffs Mary's House, Inc. ("Mary's House"), a non-profit organization providing housing and treatment to homeless women recovering from substance abuse, and eight Jane Does who are former or current residents of Mary's House challenge the State of North Carolina's decision to eliminate funding to them. Plaintiffs seek declaratory and injunctive relief, as well as damages, pursuant to 42 U.S.C. 1983 and the doctrine of...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Plaintiff E.L. filed this action through her parents, G.L. and D.L., against Defendant Chapel Hill-Carrboro Board of Education ("the Board"), alleging violations of the Individuals with Disabilities Education Act ("IDEA"). Before the court are cross-motions seeking a final disposition in the case. The Board has filed a motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(1), or in the alternative a motion for...
MEMORANDUM OPINION AND ORDER OSTEEN, JR., District Judge. Presently before the court is Defendants' Motion to Dismiss the Amended Complaint (Doc. 31). Defendants have filed a memorandum ("Defs.' Mem.") (Doc. 32) in support of their motion, Plaintiffs have filed a response in opposition ("Pls.' Resp.") (Doc. 34), and Defendants have filed their reply (Doc. 37). Defendants' motion to dismiss is now ripe for adjudication, and for the reasons that follow, this court will grant the motion in part...
ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Motion to Dismiss [DE-45] filed by Defendants Lee W. Bettis, Jr., Pat Leigh Pittman, Joanne K. Partin, Robert L. Emanuel, Stephen A. Dunn, Raymond E. Dunn, Jr., Emanuel & Dunn, PLLC, and Bettis Dunn & Dunn (collectively, the "E & D Defendants" or "Defendants E & D"); the Motion to Dismiss [DE-52] filed by Defendants W. Andrew Arnold and the Law Offices of W. Andrew Arnold, P.C. (collectively, the "Arnold...
CONSENT PROTECTIVE ORDER LOUISE W. FLANAGAN, District Judge. This action involves claims arising from restrictive covenants between Defendants ASHWIN DANDEKAR ("Dandekar") and EMILY HUA ("Hua") and their former employer, Plaintiff CAMPBELL ALLIANCE GROUP, INC. ("Campbell") (collectively, the "Parties"). The key issues in the case involve the Parties' claims and defenses regarding the Defendants' fiduciary duties to Plaintiff and their post-employment obligations, if enforceable, to Plaintiff,...
ORDER JAMES C. DEVER III, Chief Judge. Evans MacTavish Agricraft, Inc. ("Evans MacTavish") sold a tobacco press to Rahamankhan Tobacco Enterprises Pvt. LTD ("RTE") and installed it. On November 15, 2011, RTE filed a complaint alleging that Evans MacTavish breached the contract concerning the tobacco press and requesting a declaratory judgment [D.E. 1]. On April 2, 2013, Evans MacTavish filed an amended answer and asserted counterclaims for breach of contract, fraud, and violation of the...
STIPULATION, CONSENT JUDGMENT AND PERMANENT INJUNCTION JAMES C. DEVER, III, District Judge. This Stipulation, Consent Judgment and Permanent Injunction ("Consent Judgment") is entered into by and between Plaintiffs, Sanofi-Aventis and Sanofi-Aventis U.S. LLC (collectively, "Plaintiffs"), and Defendants, Synthon Holding BV, Synthon BV, Synthon Pharmaceuticals, Inc., and Synthon Laboratories, Inc. (collectively, "Defendants"), subject to approval by the Court. WHEREAS, Sanofi, a successor to...
ORDER TERRENCE W. BOYLE, District Judge. This cause comes before the Court on the State's motion to remand. A hearing was held on this matter before the undersigned on November 14, 2013, at Raleigh, North Carolina. For the reasons discussed below, the State's motion is denied. BACKGROUND The State filed this declaratory judgment action in Wake County Superior Court seeking a declaration that, inter alia, roughly thirty-eight miles of submerged riverbed in the Yadkin River is the sole...
JOINT PROTECTIVE ORDER LOUISE W. FLANAGAN, District Judge. This case is before the Court for entry of a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. This Court believes that entry of this Joint Protective Order is in the interest of all Parties and in the fair and efficient administration of justice. Specifically, the Court finds that discovery in this matter may include certain proprietary and business records of Defendant Kight's Medical Corp. and certain...
CONSENT PROTECTIVE ORDER LOUISE W. FLANAGAN, District Judge. Pursuant to E.D.N.C. Local Rule 79.2(e) and Rule 26(c) of the Federal Rules of Civil Procedure, upon joint motion by the parties, with the consent of the parties, and it appearing that the discovery process in this action may involve the production of information that a party may contend is confidential and/or proprietary, and it further appearing that good cause exists for the entry of an Order limiting the disclosure of such...
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES, District Judge. This matter is before the Court on motions to dismiss filed by defendant Gene Gabus, (Doc. 10), and defendants Valor Motor Company, Noble Automotive Group, and Robert Smith. (Doc. 14.) The plaintiff asserts several claims arising under the trademark laws of the United States based on allegations that the defendants used or are responsible for the use by others of the plaintiff's trademark "Vision Motor Cars." 1 The...
MEMORANDUM OPINION AND ORDER OSTEEN, JR., District Judge. Presently pending and ripe for ruling are Defendant's Motions in Limine (Docs. 421, 422, 423, 424); Defendant's Motion for Summary Judgment (Doc. 432); and Plaintiff's Motion for Summary Judgment (Doc. 434). For the reasons set forth in this Memorandum Opinion and Order, Defendant's Motions in Limine (Docs. 421, 422, 423, 424) will be granted in part and denied in part. Relatedly, Defendant's Motion for Summary Judgment (Doc. 432)...
STIPULATION AND CONSENT PROTECTIVE ORDER LOUISE W. FLANAGAN, District Judge. Defendants the City of Fayetteville, Officer Bobby Cash, individually and in his capacity as a Police Officer for the City of Fayetteville, Officer Heather Napieralski, individually and in her capacity as a Police Officer for the City of Fayetteville, and Tom Bergamine, in his capacity of former Chief of Police for the City of Fayetteville, (hereinafter referred to as "Defendants"), by and through their undersigned...
MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This is an action by Plaintiff Dr. Richard S. Stack ("Stack") to recover the payment of royalties. Before the court is the motion of Defendants Abbott Laboratories, Inc., Abbott Vascular, Inc., Abbott Vascular Solutions, Inc., and Abbott Cardiovascular Systems, Inc. to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 13.) For the reasons set forth below, Defendants' motion will be...
MEMORANDUM OPINION AND ORDER BEATY, District Judge. This matter is before the Court on a Motion for Partial Summary Judgment [Doc. # 82] filed by Plaintiff Lawrence D. Guessford, Jr. ("Plaintiff") and a Motion for Partial Summary Judgment [Doc. # 107] filed by Defendant Pennsylvania National Mutual Casualty Insurance Company ("Defendant"). For the reasons set forth below, this Court will GRANT IN PART and DENY IN PART Plaintiff's Motion for Partial Summary Judgment [Doc. # 82], and GRANT IN...
MEMORANDUM OPINION AND ORDER CATHERINE C. EAGLES, District Judge. This matter is before the Court on various motions to seal filed by both parties. (Docs. 11, 27, 39, 51.) Because the Court concludes that compelling interests heavily outweigh the public interest in access and that there are no less drastic alternatives to redacting the confidential information, the Court will grant the motions in large part. However, because there appears to be a less drastic alternative to sealing the...
ORDER JAMES C. DEVER III, Chief Judge. On January 4, 2012, Maurice Rocha ("Rocha") filed this employment discrimination action against Coastal Carolina Neuropsychiatric Crisis Services, P.A. ("CCNCS"), Ash Mikhail ("Mikhail"), and Tobi Gilbert ("Gilbert") (collectively "defendants"). See [D.E. 1]. In his complaint, Rocha (who is proceeding pro se) alleged that CCNCS, Mikhail, and Gilbert terminated his employment as a mental health worker with CCNCS in violation of the Americans with...
STIPULATED CONSENT PROTECTIVE ORDER LOUISE WOOD FLANAGAN, District Judge. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and upon agreement of counsel, and deeming it just and proper to do so, the Court enters the following Order: This case arises out of an incident in which Defendant Officer Bobby Cash ("Officer Cash") used deadly force against Plaintiff's decedent, Gregory Paul Townsend ("Townsend"). On or about November 17, 2011, Townsend was pulled over by Officer Cash...
