AMENDED ORDER GRAHAM C. MULLEN, District Judge. INTRODUCTION THIS MATTER is before the Court on Bank of America ("BoA") Defendants' Motion to Dismiss. For reasons given below, Defendants' Motion is GRANTED as to Count I and Count III, and DENIED as to Count IV. BACKGROUND This action arises from the organization and administration of the BAC Plan, and transactions between that plan and the BoA 401(k) Plan ("the 401(k) Plan"). I. Retirement Plans in General This case deals with some...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the following motions: (1) Defendants' Motion for Judgment as a Matter of Law or for New Trial [Doc. 306]; (2) BernzOmatic's Motion for Entry of a Permanent Injunction [Doc. 299]; (3) BernzOmatic's Motion to Set Amount of Prejudgment Interest and Amend the Judgment Accordingly [Doc. 301]; and (4) BernzOmatic's Rule 54(d) Motion for Attorneys' Fees [Doc. 303]. I. PROCEDURAL BACKGROUND...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Plaintiffs' Motion for Summary Judgment [Doc. 100] and the Defendant's Motion for Summary Judgment of Invalidity of the Patents-In-Suit [Doc. 109]. I. PROCEDURAL BACKGROUND This is an action brought by the Plaintiffs BorgWarner, Inc. and BorgWarner Turbo Systems, Inc. (collectively "BorgWarner") against the Defendant Honeywell International, Inc. ("Honeywell") for patent...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Plaintiffs' Motion to Exclude from Evidence Expert Testimony of Christopher Reed, John T. Goolkasian, and Brent Robinson [Doc. 104] and the Defendant's Motion to Exclude Certain Expert Opinions of Dr. J.C. Poindexter, Paul Novak, and Dr. John Thorne [Doc. 118]. I. INTRODUCTION This is an action brought by the Plaintiffs BorgWarner, Inc. and BorgWarner Turbo Systems, Inc. (collectively...
ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on Cross Motion's for Summary Judgment. For reasons stated below, Plaintiff's Motion is GRANTED as to her request for injunctive relief, finding her eligible to reenter the Service Based Pension Program; GRANTED as to an adjustment of earned service credits, awarding credits in the SBP from September 1, 2001 onward; DENIED as to an award for statutory damages; and HELD IN ABEYANCE as to an award of attorney fees....
ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the following: 1. Defendant, Ed Roman Enterprises, Inc.'s Notice of Motion and Motion to Dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 12(b)(2), (3) and (5), or in the alternative, to Transfer this Action to the District of Nevada, pursuant to 28 U.S.C. 1404(a) [Doc. 14]; and 2. Defendants, Fillmore Company, Ltd. and Yusa Noriyuki's Notice of Motion and Motion to Dismiss Plaintiff's Complaint pursuant to...
Memorandum and Order RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on cross-motions for summary judgment and all related memoranda of law and exhibits offered in support and opposition. (Documents #25, #28.) I. Background This case arises out of the Complaint filed on March 23, 2007 on behalf of the minor child, Emily M. Armstrong. Plaintiff brings the action under 42 U.S.C. 1983 seeking declaratory and injunctive relief for the deprivation of her rights, as...
ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court on the defendant's motion for summary judgment (Doc. No. 24) and the related briefs and attachments in support and opposition. The matter is now ripe for the Court's determination. For the reasons set forth below, the Court will GRANT IN PART and DENY IN PART the defendant's motion. I. BACKGROUND BSN medical, Inc. ("BSN"), is a medical device company that employs an extensive U.S. sales force. Plaintiff Michele...
ORDER GRAHAM C. MULLEN, District Judge. INTRODUCTION THIS MATTER is before the Court on Defendants' Motion for Judgment on the Pleadings. For reasons given below, Defendants' motion is GRANTED. BACKGROUND Plaintiffs Jeremy Mayfield and Mayfield Motorsports, Inc ("MMI") (collectively "Plaintiffs") bring suit against Defendants National Association for Stock Car Auto Racing, Inc. ("NASCAR"), Brian Zachary France, Aegis Sciences Corporation ("Aegis"), David Lee Black, Ph.D., and Douglas F....
ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court on the plaintiffs' motion for partial summary judgment on inventorship and the related briefs (Doc. Nos. 25, 26, & 27), as well as the attorneys' arguments at the hearing conducted on May 12, 2010. The matter is now ripe for the Court's determination. I. BACKGROUND The invention at issue is U.S. Patent No. 7,193,644 ("the '644 patent"), on which plaintiff Ronald Carter is named as the sole inventor. The '644 patent...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendants James M. Ashe and Jackson County Sheriff's Office's Motion for Stay of Proceedings Pending Appeal [Doc. 75]. For the reasons stated herein, the Court denies the motion. PROCEDURAL HISTORY On October 15, 2007, the Plaintiffs Blue Ridge Public Safety, Inc. (Blue Ridge), Sapphire Valley Public Safety, Inc. (Sapphire Valley), and David H. Finn (Finn) initiated an action against...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendant's Motion for Summary Judgment [Doc. 19] and the Plaintiffs Motion for Partial Summary Judgment [Doc. 21]. I. PROCEDURAL BACKGROUND On November 12, 2008, the Plaintiff Paula Crabill initiated this action in Mecklenburg County Superior Court, asserting that the Defendant Charlotte-Mecklenburg Board of Education ("CMS") violated the Americans with Disabilities Act of 1990, 42 U....
