DENNIS L. HOWELL, Magistrate Judge.
This matter is before the Court on Plaintiff's Renewed Motion for Judgment on the Pleadings (# 19). The issues have been fully briefed, and the matter is now ripe for ruling. For the reasons addressed below, Plaintiff's Renewed Motion for Judgment on the Pleadings will be GRANTED.
On July 21, 2017, Plaintiff filed its Complaint in this Court seeking injunctive relief, declaratory judgment, permanent injunctive relief, attorneys' fees and costs, and requesting that this Court retain jurisdiction over the action to ensure Defendant's compliance.
On September 1, 2017, Plaintiff filed a Motion for Judgment on the Pleadings (# 10) and Memorandum in Support (# 11). On the same day, the parties consented to jurisdiction by the United States Magistrate Judge (# 13), and the case was reassigned to the undersigned.
On April 10, 2018, the Court denied without prejudice to renew Plaintiff's Motion for Judgment on the Pleadings. On April 30, 2018, Plaintiff filed its First Amended Complaint (# 17), which is the operative complaint. In its First Amended Complaint, Plaintiff alleges the following:
Cedarbrook Residential Center ("Cedarbrook") is an assisted living facility located in Nebo, North Carolina. 1st Am. Compl. (# 17) ¶ 13. Cedarbrook is licensed as an adult care home under Chapter 131D of the North Carolina General Statutes.
On March 14, 2017, McDowell County Department of Social Services ("MCDSS") concluded a complaint investigation into the care, treatment, and alleged abuse and/or neglect of residents at Cedarbrook.
On March 27, 2017, MCDSS provided Plaintiff
In conjunction with that investigation, Plaintiff requested, in writing, MCDSS's full investigation file, to include all documents MCDSS produced during the investigation, all draft and final reports prepared by MCDSS, and all records explaining the determination that the allegations were unsubstantiated.
On April 27, 2017, Plaintiff engaged in a telephone discussion with Defendant's counsel regarding its request for non-redacted records.
In mid- or late-May 2017, Plaintiff engaged in a second telephone discussion with Defendant's counsel.
On June 28, 2017, Defendant's counsel advised Plaintiff of the decision to deny Plaintiff's request for the non-redacted materials.
On May 8, 2018, Defendant filed her Motion to Dismiss and Answer to the First Amended Complaint (# 18). On May 14, 2018, Plaintiff filed a Renewed Motion for Judgment on the Pleadings (# 19) and Memorandum in Support (# 20). The time for Defendant to respond has passed, and Plaintiff's Renewed Motion for Judgment on the Pleadings (# 19) stands unopposed.
Pursuant to Federal Rule of Civil Procedure 12(c), "[a]fter the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings." Fed. R. Civ. P. 12(c). The court applies the same standard to a motion for judgment on the pleadings that is applied to a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).
A Rule 12(c) motion limits the court's review to the pleadings.
Plaintiff initially argues that there is no genuine issue of material fact in this case. Pl.'s Mem. Supp. (# 20) at 2-3. In Defendant's Answer to the First Amended Complaint, she admits those factual allegations that are material to the disposition of this case. For example, Defendant does not deny that she is the Director of MCDSS. Ans. 1st Am. Compl. (# 18) ¶ 11. Thus, Defendant possesses the authority to maintain confidentiality of and to release records of MCDSS investigations.
Defendant's Answer to the First Amended Complaint only denies legal allegations contained in Plaintiff's First Amended Complaint.
Next, Plaintiff argues that it is entitled to judgment as a matter of law. Pl.'s Mem. Supp. (# 20) at 3-4. In pertinent part, Plaintiff alleges that Defendant refused to disclose the non-redacted records to which it is entitled pursuant to the PAIMI Act, the DD Act, and the PAIR Act. 1st Am. Compl. (# 17) ¶ 1. Defendant fails to raise any affirmative defenses. See Ans. 1st Am. Compl. (# 18). Moreover, Defendant's contention that state confidentiality laws prohibit Plaintiff from accessing the requested records must fail.
Plaintiff next argues that Defendant's Renewed Motion to Dismiss does not prevent Plaintiff from prevailing on its claims. Pl.'s Mem. Supp. (# 20) at 4-5. In its Answer to the First Amended Complaint/Motion to Dismiss (# 18), Defendant argues that Plaintiff has failed to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Pursuant to this Court's Local Rules, "Motions to dismiss in answers to complaints . . . are deemed to be made merely to preserve the issue and will not be addressed by the Court. A party seeking a decision on a preserved motion must file a separate motion and supporting brief." LCvR 7.1(c)(1) (emphasis added). This Court's Local Rules further provide that "Rule 12 motions contained in an Answer, but not supported by a brief, act as placeholders[.] LCvR 16.1(d).
In the instant case, Defendant's Motion to Dismiss is not supported by a brief. In fact, Defendant's Motion to Dismiss, in its entirety, provides: "Defendant hereby moves the Court pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Plaintiffs' [sic] Amended Complaint as to Defendant for failure to state a claim for which relief can be granted." Ans. Am. Compl. (# 18) at 1. Because Defendant's Renewed Motion to Dismiss merely serves as a placeholder, Defendant's Renewed Motion to Dismiss does not preclude Plaintiff from prevailing on its claims.
Plaintiff argues that Defendant's assertion that the records are protected by unspecified state confidentiality law does not prevent Plaintiff from prevailing on its claims. Pl.'s Mem. Supp. (# 20) at 5-7. Defendant admits that she "indicated that State confidentiality laws protected the redacted information and therefore it could not disclose such information to the Plaintiff." Ans. 1st Am. Compl. (# 18) ¶ 18. Because Defendant fails to identify which state confidentiality law it is relying upon, Plaintiff cannot address whether these unidentified laws apply to the instant situation.
Finally, Plaintiff argues that the PAIMI Act, the DD Act, and the PAIR Act preempt state confidentiality laws. Pl.'s Mem. Supp. (# 20) at 7-8. The Supremacy Clause provides that "when federal and state law conflict, federal law prevails and state law is preempted."
In the instant case, the Court concludes that Plaintiff's position is supported by case law.
Considering the foregoing, Plaintiff's Renewed Motion for Judgment on the Pleadings (# 19) is GRANTED, and judgment is to be entered in Plaintiff's favor on its claims. The clerk is respectfully instructed to close the case.