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Buckner v. United Parcel Service, Inc., 5:19-CV-109-D. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190807a98 Visitors: 14
Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: ORDER JAMES C. DEVER, III , District Judge . On May 17, 2019, plaintiff Christopher E. Buckner ("Buckner" or "plaintiff") filed an amended complaint and motion to recuse and remand [D.E. 16]. On May 31, 2019, United Parcel Service, Inc. ("UPS" or "defendanf") responded in opposition [D.E. 18]. On May 31, 2019, UPS moved to dismiss plaintiff's amended complaint [D.E. 19]. On June 17, 2019, Buckner responded in opposition [D.E. 21]. On July 1, 2019, UPS replied [D.E. 22]. Plaintiff's motion
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ORDER

On May 17, 2019, plaintiff Christopher E. Buckner ("Buckner" or "plaintiff") filed an amended complaint and motion to recuse and remand [D.E. 16]. On May 31, 2019, United Parcel Service, Inc. ("UPS" or "defendanf") responded in opposition [D.E. 18]. On May 31, 2019, UPS moved to dismiss plaintiff's amended complaint [D.E. 19]. On June 17, 2019, Buckner responded in opposition [D.E. 21]. On July 1, 2019, UPS replied [D.E. 22].

Plaintiff's motion to recuse and remand [D.E. 16] is DENIED as meritless. See [D.E. 18]. Defendant's motion to dismiss [D.E. 19] is DENIED. See Fed. R. Civ P. 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 55-3, 570 (2007); Coleman v. Md. Court of Appeals, 626 F.3d 187, 190 (4th Cir. 2010), aff'd U.S. 30 (2012); Nemet Chevrolet, Ltd. v. Consumeraffairs.com. Inc., 591 F.3d 250, 255 (4th Cir. 2009); Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008).

SO ORDERED.

Source:  Leagle

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