Filed: Jun. 18, 2015
Latest Update: Jun. 18, 2015
Summary: MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, Jr. , District Judge . This court gave notice on May 21, 2015, that it identified several undisputed material facts that showed Defendant Pastor Jimmy Cillpam was entitled to judgment as a matter of law. (Order (Doc. 67).) This court then gave all parties 21 days to respond to this court's Order, explaining why this court should not enter summary judgment for Defendant Cillpam. ( Id. ) However, Plaintiff did not respond within this time perio
Summary: MEMORANDUM OPINION AND ORDER WILLIAM L. OSTEEN, Jr. , District Judge . This court gave notice on May 21, 2015, that it identified several undisputed material facts that showed Defendant Pastor Jimmy Cillpam was entitled to judgment as a matter of law. (Order (Doc. 67).) This court then gave all parties 21 days to respond to this court's Order, explaining why this court should not enter summary judgment for Defendant Cillpam. ( Id. ) However, Plaintiff did not respond within this time period..
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MEMORANDUM OPINION AND ORDER
WILLIAM L. OSTEEN, Jr., District Judge.
This court gave notice on May 21, 2015, that it identified several undisputed material facts that showed Defendant Pastor Jimmy Cillpam was entitled to judgment as a matter of law. (Order (Doc. 67).) This court then gave all parties 21 days to respond to this court's Order, explaining why this court should not enter summary judgment for Defendant Cillpam. (Id.) However, Plaintiff did not respond within this time period.
Accordingly, this court adopts the rationale from its May 21, 2015 Order (Doc. 67), showing that Plaintiff's claims are barred by the statute of limitations, that Plaintiff's claims are precluded due to the 2011 action between these parties in North Carolina Small Claims Court, and that Plaintiff has not demonstrated a genuine dispute on several material facts. As a result, Defendant is entitled to judgment as a matter of law.
IT IS THEREFORE ORDERED that summary judgment is GRANTED for Defendant Jimmy Cillpam, sua sponte, pursuant to Federal Rule of Civil Procedure 56(f), after this court gave Plaintiff notice and an opportunity to be heard. Accordingly, this case is DISMISSED.
A judgment consistent with this Memorandum Opinion and Order will be entered contemporaneously herewith.
