U.S. District Courts - North Carolina ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTransportation Carl STURDIVANT, Plaintiff, v. KONE INC., Defendant. , W.D.N.C., November 18, 2009 DAVID S. CAYER, United States Magistrate Judge. THIS MATTER is before the Court on the pro se Plaintiff's "Third Renewed Motion to Compel ..." (document # 16) filed October 27, 2009; Defendant's "Response ..." (document # 19) filed November 13, 2009; and "Plaintiff's Motion to Extend Time to Respond to Defendant's First Set of Requests to Produce and First Set of Interrogatories" (document # 20) filed November 18, 2009. The Court has previously denied Plaintiff's "Expedited Motion to Compe... Regina DAVIS, on behalf of herself and all others similarly situated, Plaintiff, v. BEAZER HOMES, U.S.A. INC., Beazer Homes Corp. and Beazer Mortgage Corporation, Defendants. , M.D.N.C., November 17, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE P. TREVOR SHARP. United States Magistrate Judge. Now pending before the Court is a motion to dismiss this putative class action, pursuant to Fed.R.Civ.P. 12(b)(6), which was jointly filed by Defendants Beazer Homes, U.S.A. Inc. ("Beazer USA"), Beazer Homes Corp. ("Beazer Corp.") and Beazer Mortgage Corporation ("Beazer Mortgage") (collectively the "Defendants"). (Docket No. 24.) Plaintiff Regina Davis ("Plaintiff") has opposed the motion (Docke... CHASE MANHATTAN MORTGAGE CO., Plaintiff, v. Earl Kelley LANE, Executor of the Estate of Lucille H. Lane, Defendant, v. Nations Title Agency, Inc. and Nations Title Agency of the Carolinas, Inc., Third-Party Defendants. , W.D.N.C., November 17, 2009 John W. Bowers, Zipporah Basile Edwards, Horack, Talley, Pharr & Lowndes, Charlotte, NC, for Plaintiff. J. Daniel Bishop, Bishop, Capitano & Moss, P.A., Charlotte, NC, for Defendant. Rodney Dean, Dean & Gibson, LLP, Charlotte, NC, Christopher Aaron Pittman, Louis Anthony Huber, III, Schlee Huber Mcmullen & Krause, P.C., kansas City, MO, for Third-Party Defendants. ORDER DAVID C. KEESLER, United States Magistrate Judge. THIS MATTER IS BEFORE THE COURT on "Defendant's Motion to Further ... Anthony Andrea WHITWORTH, Petitioner, v. Alvin W. KELLER, Jr, Respondent. , W.D.N.C., November 17, 2009 Anthony Andrea Whitworth, Hoffman, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on initial review of Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus filed on November 6, 2009 (Document No. 1.) For the reasons stated herein, the Petitioner's case will be dismissed as time-barred. I. Factual and Procedural Background According to his Petition, on June 26, 2008, Petitioner pled guilty to three counts of trafficking in cocaine and was se... John Lamont LEWIS, Petitioner, v. Herb JACKSON, Supt., Respondent. , W.D.N.C., November 17, 2009 John Lamont Lewis, Polkton, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court on Petitioner's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254, filed November 13, 2009. For the reasons stated herein, the Court finds that the instant Petition must be dismissed without prejudice for Petitioner's failure to exhaust his State remedies on his proposed claims. According to his Petition, a Buncombe County jury convicted Petitioner of two counts of... Christopher Reginald HINES, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., November 17, 2009 Christopher Reginald Hines, Petersburg, VA, pro se. Amy E. Ray, United States Attorney, Asheville, NC, Michael E. Savage, U.S. Attorney's Office, Charlotte, NC, for Respondent. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on Petitioner's Motion for Reconsideration pursuant to Rule 59(e), filed November 9, 2009 (Document No. 63) and Petitioner's Motion to Amend, also filed on November 9, 2009 (Document No. 64). The Court notes that this is Petitioner's second mo... James Arnell WILLIAMS, Plaintiff, pro se, v. Michael Eric STUDIVENT, [FN1] Tommy Stevens, Deborah Lankford, Samuel Lankford, and Lankford Protective Services, Defendants. FN1. Studivent is erroneously spelled "Sturdivent" in the court's dock, M.D.N.C., November 16, 2009 James A. Williams, Greensboro, NC, pro se. Sarah H. Roane, Ogletree Deakins Nash Smoak & Stewart, P.C., Greensboro, NC, for Defendants. MEMORANDUM OPINION AND RECOMMENDATION WALLACE W. DIXON, United States Magistrate Judge. This matter is before the court on a motion to dismiss (docket no. 13) by Defendants Lankford Protective Services ("LPS"), Deborah Lankford, and Samuel Lankford (collectively the "Lankford Defendants") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.... In re PANACRYL SUTURES PRODUCTS LIABILITY CASES. This document applies to: Alyssa Johnson, et. al. v. Johnson & Johnson, et. al. Denise Rondot, et. al. v. Johnson & Johnson, et. al. Maureen Thompson, et. al. v. Johnson & Johnson, et. al. S, E.D.N.C., November 13, 2009 John E. Toma, Jr., Toma Zensen, LLC, St. Louis, MO, for James C. Bishop, Betty Ann Bishop, Christine L. Bledy, Leslie A. Bledy, Losanna Truxillo, Alyssa Johnson, David Johnson, Denise Rondot, Maureen Thompson, Sandra Vermilyea, Perlene Herring, Lisa M. Locklear, Brian Edwards, Feicia Edwards, David Vermilyea. Connie L. Grace, Gary Holt & Associates, P.A., Little Rock, AR, for James C. Bishop, Betty Ann Bishop. Franklin G. Shaw, Leger & Shaw, Covington, LA, for Losanna Truxillo. Jane S. ... Randolph SHOULARS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.C., November 13, 2009 Elizabeth F. Lunn, Wolf & Hogan, P.C., Raleigh, NC, for Plaintiff. Charlotte M. Connery-Aujla, Social Security Administration, Baltimore, MD, for Defendant. ORDER LOUISE W. FLANAGAN, Chief Judge. This matter is before the court on the parties' cross motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (DE # 20, 22). These motions were referred to Magistrate Judge Robert B. Jones, Jr., who filed a memorandum and recommendation ("M & R") on July 14, 2... U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff, v. BARKI, LLC, a North Carolina limited liability company; Bruce C, Kramer, an individual, and Forest Glen Farm, LLC, a North Carolina limited liability company, Defendants. , W.D.N.C., November 12, 2009 Stephen Michael Humenik, U.S. Commodity Futures Trading Commission, Washington, DC, for Plaintiff. ORDER GRAHAM C. MULLEN, District Judge. ORDER FOR CLAIMS DISTRIBUTION METHOD THIS MATTER is before the court on the Receiver's Motion for Approval of Proposed Claims Distribution Method. The Receiver's request to distribute funds using the "rising tide" method is not approved. The court instead directs the Receiver to distribute funds via the "net investment method." BACKGROUND The events g... Darrin M. SANDERS, Petitioner, v. Joel HERRON, Supt.; and Alvin W. Keller, Jr., Sec. of Corrections, Respondents. , W.D.N.C., November 12, 2009 Darrin M. Sanders, Laurinburg, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court on Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (document # 1). Rule 4 of the Rules Governing Section 2254 Cases, directs habeas courts promptly to examine habeas petitions. When it plainly appears from any such petition and any attached exhibits that the petitioner is not entitled to relief, the reviewing court must dismiss the motion. For the r... William Jasper GOODMAN, Jr., Petitioner, v. Robert C. LEWIS, Director of N.C. Prisons, Respondents. , W.D.N.C., November 12, 2009 William Jasper Goodman, Jr., Badin, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court on Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (document # 1), filed November 9 2009. Rule 4 of the Rules Governing Section 2254 Cases, directs habeas courts promptly to examine habeas petitions. When it plainly appears from any such petition and any attached exhibits that the petitioner is not entitled to relief, the reviewing court must d... In re FAMILY DOLLAR FLSA LITIGATION. Concerning Grace v. Family Dollar Stores, Inc. (3:06-cv-306). , W.D.N.C., November 12, 2009 James Norman Boudreau, Littler Mendelson PC, Philadelphia, PA, Jerry Howard Walters, Jr., Littler Mendelson, P.C., Stephen D. Dellinger, Ogletree, Deakins, Nash, Smoak & Stewart, PC, Charlotte, NC, John Anthony Ybarra, Littler Mendleson, Chicago, IL, for Family Dollar Stores, Inc. ORDER GRAHAM C. MULLEN, District Judge. This matter is before the Court on Defendant's Motion to Dismiss Intervenor Susan Brown for failure to Participate in Discovery filed October 2, 2009 (Doc. No. 416); Plainti... Lyndi BOONE, Plaintiff, v. DUKE ENERGY CAROLINAS, LLC, & Duke Energy Carolinas Plant Operations, LLC, Defendants. , W.D.N.C., November 12, 2009 Tamara Williams Brooks, Brooks Law Office, Charlotte, NC, for Plaintiff. Felicia A. Washington, Shannon Sumerell Spainhour, K&L Gates LLP, Charlotte, NC, for Defendants. ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court pursuant to defendants' motion to dismiss (Doc. No. 7), the Magistrate Judge's Memorandum and Recommendations ("M & R") (Doc. No. 15), the defendants' objection (Doc. No. 16), and the plaintiff's reply (Doc. No. 19). For the following reasons, the ... PHILLIPS ELECTRIC COMPANY OF DURHAM, INC., Plaintiff, v. HIRANI ENGINEERING AND LAND SURVEYING, P.C., and Westchester Fire Insurance Co., Defendants. , M.D.N.C., November 10, 2009 James H. Hughes, Christopher Earl Carrington, Hoof & Hughes, PLLC, Durham, NC, for Plaintiff. Adam Mitchell Neijna, The Law Offices of Adam Neijna, PLLC, Raleigh, NC, for Defendants. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE P. TREVOR SHARP, United States Magistrate Judge. This matter comes before the Court on Defendants' Motion to Dismiss or in the Alternative to Transfer Venue and on Plaintiff's Motion for Remand to Durham County Superior Court. (Docket Nos. 10, 16.) This action... UNITED STATES of America v. Ryan Pal CAUTHEN. , M.D.N.C., November 10, 2009 Terry Michael Meinecke, U.S. Attorney's Office, Greensboro, NC, for Plaintiff. MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. Before the court is the motion of Defendant Ryan Pal Cauthen ("Cauthen") to suppress two handguns, cocaine base ("crack"), and money seized from the inventory search of his moped [FN1] parked outside a hotel room where he was arrested. (Doc. 10.) The motion has been fully briefed, and the court held a hearing on October 8, 2009. For the reasons se... UNITED STATES of America, v. Jonathan Thad LACKEY, Defendant. , W.D.N.C., November 10, 2009 ORDER DENNIS L. HOWELL, United States Magistrate Judge. THIS CAUSE coming on to be heard and being heard before the undersigned upon a violation report filed in the above entitled cause on November 3, 2009 by the United States Probation Office. In the violation report, the United States Probation Office alleged that the defendant had violated terms and conditions of his pretrial release. At the call of this matter on for hearing it appeared that the defendant was present with his counsel, Att... Raymond HANSEN and Louann Hansen, Plaintiffs, v. FREEDOM MOBILITY, INC., and JM Smith Corporation, d/b/a Smith Drug Company, and Sunrise Medical, HHG, Inc., Defendants. , W.D.N.C., November 10, 2009 Andrew Kurt Chafin, Tatum & Atkinson, PLLC, Greensboro, NC, Robert M. Tatum, Raleigh, NC, for Plaintiffs. Russell Joseph Schonekas, III, Law Office of Natalie J. Miller, PLLC, Mooresville, NC, Jeremy Todd Canipe, Hedrick, Eatman, Gardner & Kincheloe, Charlotte, NC, Richard J. Keshian, Kilpatrick Stockton LLP, Winston-Salem, NC, for Defendants. ORDER DAVID KEESLER, United States Magistrate Judge. THIS MATTER IS BEFORE THE COURT on the "Motion to Compel Discovery ..." (Document No. 20) fi... Travis COLLUM, Guardian ad Litem for unnamed minor child, Plaintiff, v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, Alicia Johnson, Jimmie Vance Grubbs and Ronald Dixon, Defendants. Brantley Ostwalt, Guardian ad Litem for unnamed minor child, Plaint, W.D.N.C., November 10, 2009 Marion Thomas Norwood, III, Charlotte, NC, for Plaintiff. Anthony Fox, Aretha Venyke Blake, Benjamin Robert Sullivan, Jr., Charlotte, NC, for Defendants. ORDER ROGER J. CONRAD, JR., Chief Judge. THIS MATTER comes before the Court after a show cause hearing held on October 21, 2009. The Court has considered Mr. Norwood's oral motion to withdraw as attorney, as well as his response to the order to show cause (Doc. No. 53) and brief on N.C.G.S. § 84-5 (Doc. No. 54). I. BACKGROUND On July 21... Janet JOYNER and Constance Lynn Blackmon, Plaintiffs, v. FORSYTH COUNTY, NORTH CAROLINA, Defendant. , M.D.N.C., November 9, 2009 Katherine Lewis Parker, American Civil Liberties Union of North Carolina, Raleigh, NC, for Plaintiffs. David A. Cortman, Alliance Defense Fund, Lawrenceville, GA, J. Michael Johnson, Alliance Defense Fund, Shreveport, LA, Barbara J. Weller, David C. Gibbs, III, Gibbs Law Firm, P.A. Seminole, FL, Bryce Denman Neier, The Law Office of Bryce D. Neier, Fayetteville, NC, for Defendant. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE P. TREVOR SHARP, United States Magistrate Judge. This matte... NORFOLK SOUTHERN RAILWAY CO., Plaintiff, v. TIMEC COMPANY, INC., Defendant. , M.D.N.C., November 9, 2009 Gregory Gerald Holland, Lucas Matthew Horner, Thadeus Matthew Creech, Smith Moore Leatherwood, LLP, Greensboro, NC, for Plaintiff. John Bowen Walker, Cranfill Sumner & Hartzog LLP, Raleigh, NC, for Defendant. RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE P. TREVOR SHARP, United States Magistrate Judge. This matter comes before the Court on cross motions for summary judgment. (Docket Nos. 27, 29.) The parties have fully briefed the issues. (Docket Nos. 28, 30, 31-34.) The Court held or... Dequilla WALKER, Plaintiff, v. CHARLOTTE-MECKLENBURG SCHOOLS, Defendant. , W.D.N.C., November 9, 2009 David Lee Terry, Robert Blakeney Meyer, Poyner & Spruill, LLP Charlotte, NC, for Defendant. ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER IS BEFORE THE COURT on the Defendant Charlotte-Mecklenburg School's ("CMS's") Motion to Dismiss (Document No. 19) filed on May 26, 2009. Plaintiff opposes the motion (Doc. No. 23), and filed a Motion for Summary Judgment (Doc. No. 25), which CMS moved to deny or continue under Fed.R.Civ.P. ("Rule") 56(f) (Doc. No. 28). Having fully considered the ... Willie D. GILBERT, II, Plaintiff, v. The NORTH CAROLINA STATE BAR, and A. Root Edmonson, Defendants. , E.D.N.C., November 9, 2009 Eric C. Michaux, Michaux & Michaux, P.A., Durham, NC, for Plaintiff. ORDER JAMES C. DEVER III, District Judge. On November 4, 2009, Willie D. Gilbert, n, ("plaintiff" or "Gilbert") filed an emergency motion for an injunction pending appeal [D.E. 21, 22] and a supporting memorandum of law [D.E. 22]. Plaintiff asks the court: to enjoin the North Carolina State Bar (and any agency, board, committee, commission, officer, agent, servant, or employee acting, or purporting to act, on behalf or... Ivan HARVEY, Plaintiff, v. Richard NEELY; Kory Dalrymple; Sergeant Mullis; and Mr. Bullock, Defendants. , W.D.N.C., November 6, 2009 Ivan Harvey, Polkton, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court on Plaintiff's second civil rights Complaint under 42 U.S.C. § 1983, filed October 16, 2009. Pertinent Court records reflect that on October 9, 2009, Plaintiff filed a civil rights action in this Court against the above-named Defendants. (See Harvey v. Neely, et al., 3:09CV439-MU, document # 1). There, Plaintiff generally alleged a physical and sexual assault by Defendant Neely an... FATBOY USA, LLC, Plaintiff, v. Pieter SCHAT, Schat Import Agencies, Inc., and Sitting Bull, GMBH, Defendants. , M.D.N.C., November 6, 2009 Stanley Franklin Hammer, Wyatt Early Harris & Wheeler, L.L.P., High Point, NC, for Plaintiff. John Brooks Reitzel, Jr., J. Brooks Reitzel, Jr., Attorney at Law, High Point, NC, Jeffrey S. Southerland, Tuggle Duggins & Meschan, P.A., Greensboro, NC, for Defendants. MEMORANDUM OPINION AND RECOMMENDATION WALLACE W. DIXON, United States Magistrate Judge. This matter comes before the court on Defendant Sitting Bull, GmbH's motion to dismiss for lack of personal jurisdiction (docket no. 14) pu... Donnell Alexander TAYLOR, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., November 6, 2009 Donnell Alexander Taylor, Terre Haute, IN, pro se. Karen S. Marston, U.S. Attorney's Office, Charlotte, NC, for Respondent. Aaron E. Michel, Attorney at Law, Charlotte, NC, for Petitioner. ORDER FRANK D. WHITNEY, District Judge. THIS MATTER comes before the Court upon Petitioner's "Motion to Vacate and Set Aside Collateral Order, Judgment or Decree" pursuant to Rule 60(b)(4) (Doc. No. 6), filed October 28, 2009. On March 6, 2009, Petitioner filed a Motion to Vacate, Set Aside, or C... Tony Curtis BOWMAN II, Petitioner, v. R. David MITCHELL, Respondent. , W.D.N.C., November 6, 2009 Tony Curtis Bowman II, Spruce Pine, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on initial review of Petitioner's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus filed on November 4, 2009 (Document No. 1.) For the reasons stated herein, the Petitioner's case will be dismissed as time-barred. I. Factual and Procedural Background According to his Petition, on December 12, 2006, Petitioner pled guilty to robbery with a dangerous weapon and was sent... BELK, INC., and Belk International, Inc., Plaintiffs, v. MEYER CORPORATION, U.S., and Meyer Intellectual Property Limited, Defendants. , W.D.N.C., November 5, 2009 W. Thad Adams, III, Adams Intellectual Property Law, P.A., Charlotte, NC, Rodrick J. Enns, Enns & Archer, LLP, Winston-Salem, NC, for Plaintiffs. Alex John Hagan, Ellis & Winters, LLP, Raleigh, NC, Allan J. Sternstein, Dean A. Dickie, Renee L. Zipprich, Dykema Gossett PLLC, Chicago, IL, Andrew S. Chamberlin, Ellis & Winters, LLP, Greensboro, NC, for Defendants. ORDER DAVID C. CAYER, United States Magistrate Judge. THIS MATTER is before the Court on Plaintiffs' "Motion in Limine to Exclu... William J. ANDERSON, Plaintiff v. E & J GREER, INC., Defendant. , E.D.N.C., November 5, 2009 Jeremy Clayton King, Lanier & Taggart, PLLC, Greenville, NC, for Plaintiff. Maranda J. Freeman, Freeman Law, PLLC, Raleigh, NC, for Defendant. ORDER W. EARL BRITT, Senior District Judge. This matter comes before the court on defendant's 31 March 2009 motion for summary judgment. The motion is fully briefed and ripe for disposition. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff worked for defendant from 2002 to 2003 as a finance manager, and in August 2005, defendant (a car dealers... Venus L. MOORE, Plaintiff, v. TIME WARNER CABLE, INC., Defendant. , W.D.N.C., November 5, 2009 Angela Newell Gray, Gray Newell, LLP, Greensboro, NC, for Plaintiff. Stacy K. Wood, Mary H. Crosby, Parker, Poe, Adams & Bernstein, Charlotte, NC, for Defendant. MEMORANDUM & ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on Defendant's Motion to Dismiss, filed January 14, 2009. (Document # 4) Pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge David C. Keesler was designated to consider and recommend disposition in the aforesaid motion. In... CLEVELAND CONSTRUCTION, INC., Plaintiff, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant. , W.D.N.C., November 5, 2009 James Dean Ludwig, Cleveland Construction, Inc., Mason, OH, Steven D. Hedges, Nexsen Pruet, Greensboro, NC, for Plaintiff. John T. Jeffries, Jennifer M. Arno, McAngus, Goudelock & Courie, P.L.L.C., Charlotte, NC, for Defendant. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court on Defendant's 12(b)(6) Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted. For reasons set forth below, the Defendant's Motion is DENIED as to the breach of c... SUNTRUST MORTGAGE, INC., a Virginia corporation, Plaintiff, v. Donald D. BUSBY; Lori A. Nassida; Kelly M. Baker; Michael T. Baker; Robert John Cupelli; Leigh K. Cupelli; Deanna Davis; Dean R. Cummings; Jeffrey A. Sykes; Guy Barhoma; Robert G. Ronk;, W.D.N.C., November 4, 2009 Robert K. Imperial, Elizabeth C. Stone, Williams Mullen, Raleigh, NC, Robert D. Perrow, Williams Mullen, Richmond, VA, for Plaintiff. Michael G. Wimer, Asheville, NC, Christopher B. Reinhardt, Bull & Reinhardt, PLLC, Asheville, NC, for Defendants. ORDER DENNIS HOWELL, United States Magistrate Judge. THIS MATTER is before the court on John J. Pavey, Jr.'s (a non-party) Motion to Quash (# 54) a subpoena served on him by plaintiff. Plaintiff has timely filed a response to such non-party mot... WACHOVIA BANK, N.A., David Stroehmann, Sr. and Sam Walcott, as Trustees of the Gertrude S. Stroehmann Trust, Defendants-Appellants, v. Peggy S. LEVIN, Trustee, Plaintiff-Appellee. , E.D.N.C., November 4, 2009 Michael P. Flanagan, Paul A. Fanning, Ward & Smith, Greenville, NC, for Defendants-Appellants. William P. Janvier, Everett Gaskins Hancock & Stevens, LLP, Raleigh, NC, for Plaintiff-Appellee. ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on an appeal by Wachovia Bank, David Stroehmann, Sr., and Sam Walcott as trustees of the Gertrude S. Stroehmann Trust of an order by the United States Bankruptcy Court for the Eastern District of North Carolina. For the followi... COUNTY OF JACKSON, a body politic and corporate created and existing under the laws of North Carolina, Plaintiff, v. DUKE ENERGY CAROLINAS, LLC, a limited liability company organized and existing under the laws of North Carolina, and The Bank of Ne, W.D.N.C., November 4, 2009 David P. Ferrell, Norman W. Shearin, Vandeventer Black LLP, Raleigh, NC, for Plaintiff. Kiran H. Mehta, K & L Gates LLP, Charlotte, NC, Christopher G. Smith, Smith Anderson, Raleigh, NC, for Defendants. ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on Duke Energy Carolinas' (Duke) (1) Motion to Dismiss all Claims by Jackson County (County) for Lack of Subject Matter Jurisdiction; and (2) Motion for Summary Judgment with Respect to its First Claim for Relief (De... Roy Lane CAMPBELL, Plaintiff, v. Scott ATTAWAY, and Does 1 Through 49, Defendants. , W.D.N.C., November 4, 2009 Roy Lane Campbell, Charlotte, NC, pro se. Patrick Houghton Flanagan, Cranfill, Sumner & Hartzog, L.L.P., Matthew K. Lilly, Charlotte, NC, for Defendant Scott Attaway. MEMORANDUM AND RECOMMENDATION AND ORDER DAVID S. CAYER, United States Magistrate Judge. THIS MATTER is before the Court on the following Motions and memoranda: 1. Defendant Scott Attaway's "Motion to Dismiss" (document # 12) filed August 31, 2009 and "Motion to Stay Discovery" (document # 14) filed September 11, 2009; ... Jennings Ray LEWIS, Plaintiff, v. Trenton JORDON, Tim Jordon, Jeff Jordon, Montgomery County Sheriff's Department, and John E. Robinson, Defendants. , M.D.N.C., November 4, 2009 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION WALLACE W. DIXON, United States Magistrate Judge. This matter is before the court on a motion to set aside entry of default by Defendant John E. Robinson (docket no. 20), and on a motion to dismiss by Defendants John Robinson, Tim Jordon, Jeff Jordon, and the Montgomery County Sheriff's Department (docket no. 42). Plaintiff did not respond to the motion to set aside entry of default, but he has responded to the motion to dismiss (docket no. 44). D... Joseph Michael GRIFFITH, Plaintiff, v. S.A. BIRD, et al., Defendants. , W.D.N.C., November 3, 2009 ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court upon Defendants' Motion for Summary Judgment (Doc. No. 19) filed December 15, 2006; Plaintiff's Motion for Summary Judgment (Doc. No. 31), filed June 20, 2008; and Plaintiff's Motion for Default Judgment (Doc. No. 40), filed April 9, 2009. FACTUAL BACKGROUND On July 27, 2006, Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 2000cc-1 against three individuals [FN1] alleging that they had viola... Thomas Melchor GOMEZ, Petitioner, v. UNITED STATED of America, Respondent. , W.D.N.C., November 3, 2009 Kevin Zolot, U.S. Attorney's Office, Charlotte, NC, for Petitioner. Kimberly Yvette Best, Best Law Firm, PLLC, Charlotte, NC, for Respondent. ORDER FRANK D. WHITNEY, District Judge. THIS MATTER comes before the Court on initial review of the Petitioner's Motion to Vacate, Set Aside, or Correct Sentence filed October 28, 2009 (Doc. No. 1.) For the reasons stated herein, Petitioner's motion will be denied and dismissed. I. PROCEDURAL HISTORY On November 15, 2006, the Petitioner was ch... Rodney D. SPRUILL, Plaintiff, v. Steve BAILEY, et al., Defendants. , W.D.N.C., November 3, 2009 Rodney D. Spruill, Polkton, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court upon Plaintiff's Motion to Reconsider, filed August 19, 2009. On July 20, 2009, Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983 with this Court. In an August 4, 2009, Order this Court dismissed Plaintiff's Complaint for a variety of reasons. Relevant to the present motion, this Court dismissed Plaintiff's claim against Defendant Fox for failure to exhaust. More spec... Joseph Kevin WILLIAMS, Petitioner, v. UNITED STATES of America, Respondent. , E.D.N.C., November 3, 2009 Kimberly Moore, Asst. U.S. Attorney, U.S. Attorney's Office, Raleigh, NC, for Respondent. Joseph Kevin Williams, Rosemary Godwin, Attorney at Law, Raleigh, NC, for Petitioner. ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on Petitioner's Motion for Reconsideration. Petitioner alleges the Court erred by not considering his allegations against the Government's decision against filing a Rule 35(b) motion. The Government opposes Petitioner's motion, contending that... Gary L. JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.C., November 3, 2009 ORDER LOUISE W. FLANAGAN, Chief District Judge. This matter is before the court on the parties' cross-motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (DE 20, 22). Pursuant to 28 U.S.C. § 636(b)(1), United States Magistrate David W. Daniel entered a memorandum and recommendation ("M & R") wherein he recommended that the court deny plaintiff's motion, grant defendant's motion, and uphold the Commissioner's final decision (DE # 24). Plaintiff timely fi... Lena BUTLER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.C., November 3, 2009 Daniel R. Lauffer, Roberti, Wittenberg, Lauffer & Wicker, P.A., Durham, NC, for Plaintiff. Charlene P. Bellinger-Honig, Lisa M. Rayo, Social Security Administration, Baltimore, MD, for Defendant. ORDER LOUISE W. FLANAGAN, Chief Judge. This matter is before the court on defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), (6). (DE # 12 .) Pursuant to 28 U.S.C. § 636(b)(1), United States Magistrate Robert B. Jones, Jr., entered a memorandum and recommenda... UNITED STATES of America, Plaintiff, v. Reymundo Monge RODRIGUEZ, Defendant. , W.D.N.C., November 2, 2009 ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendant's Motion for the Return of Seized Property [Doc. 45] and the Government's Motion to Dismiss Motion for Return of Property [Doc. 50]. I. PROCEDURAL BACKGROUND On January 25, 2006, the Defendant was charged with one count of conspiracy to possess with intent to distribute at least 50 grams of methamphetamine and more than 500 grams of a substance containing a detectable amount of methamphetamine, in viol... John Daley STRASSINI, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., November 2, 2009 ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Petitioner's pro se "Motion Pursuant FRCP 60(b), Emergency Coram Nobis" [Case No. 3:97cr54, Doc. 80; Case No. 3:98cr220, Doc. 74], filed August 18, 2009. I. PROCEDURAL BACKGROUND On November 7, 1997, the Petitioner was charged in United States v. Strassini, et al., Criminal Case No. 3:97cr54, with eleven counts of bank fraud and six counts of making material false statements to banks. [Case No. 3:97cr54, Doc. 1]... Tony Arismendy PEGUERO, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., November 2, 2009 MEMORANDUM AND ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER is before the Court on Petitioner's Motion to Vacate, Set Aside or Correct sentence pursuant to 28 U.S.C. § 2255 filed September 16, 2009 (Doc. No. 1.) No response is necessary from the Government. I. PROCEDURAL HISTORY On April 24, 2007, the Petitioner was charged in a one-count bill of indictment with knowingly and intentionally possessing with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1); (b)(1)(... Carlyle M. JOHNSON, Executor of the Estate of Nancy S. Johnson, Plaintiff- Appellant, v. J. Wesley JOHNSON, III and Johnson Enterprises of North Carolina, Inc., Defendants-Appellees. , E.D.N.C., November 2, 2009 Kieran J. Shanahan, Melissa Lynn Pulliam, Shanahan Law Group, Raleigh, NC, for Appellant. Gary J. Rickner, Ward and Smith, P.A., Jason L. Hendren, Brady, Nordgren, Morton & Malone, PLLC, Raleigh, NC, for Appellees. ORDER TERRENCE W. BOYLE, District Judge. This matter is before the Court on an appeal by the Carlyle Johnson, executor of the estate of Nancy Johnson, of an order by the United States Bankruptcy Court for the Eastern District of North Carolina. For the following reasons, the j... DIAGNOSTIC DEVICES, INC., Plaintiff, v. DIABETES CARE CLUB, LLC, Defendant. , W.D.N.C., November 2, 2009 Michael G. Adams, Morgan Hunter Rogers, Ashley Long Ellis, Parker, Poe, Adams & Bernstein, Charlotte, NC, for Plaintiff. James Carlos Smith, Nicholas J. Voelker, Bradley Arant Boult Cummings LLP, Charlotte, NC, for Defendant. ORDER DAVID C. KEESLER, United States Magistrate Judge. THIS MATTER IS BEFORE THE COURT on the "Motion for Attorneys' Fees" (Document No. 34) by Diagnostic Devices, Inc. ("DDI"). Diabetes Care Club, LLC ("DCC") opposes the motion. (Document No. 44). This matter has... Rodney Moucell JONES, Plaintiffs, v. Ron MOORE; Jason Wilson; Buncombe County, Defendants. , W.D.N.C., November 2, 2009 Rodney Moucell Jones, Asheville, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. Plaintiff seek leave to file this 42 U.S.C. § 1983 Complaint in forma pauperis. Plaintiff named Ron Moore, District Attorney of Buncombe County, Jason Wilson, Public Defender of Buncombe County and Buncombe County as defendants in this case. Plaintiff contends that the defendants have violated his Constitutional rights by conspiring to deny his "federally protected constitutional right to a prompt pre-trial... Valparisia R. BANNAMON Moses W. Robinson, Plaintiffs, v. Dale IMAN; Anthony G. Chavonne; Wesley A. Meredith, Keith A. Bates, Sr.; Charles E. Evans; Robert A. Massey, Jr.; D.J. Haire; Robert T. Hurst, Jr.; William Joseph Crisp; Valencia A. Applewhit, E.D.N.C., November 2, 2009 ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the pro se Plaintiffs' response [DE- 67] to the court's October 9, 2009 Order [DE-65]. In that order, the court noted the deficiencies in the proof of service filed with the court, and directed Plaintiffs to file, on or before October 29, 2009, proof of sufficiency of process in accordance with the Federal Rules of Civil Procedure, and held the Defendants' Motion to Dismiss [DE-48], Plaintiffs' Motion for Court Orde... ASSURANT, INC., Plaintiff, v. MEDASSURANT, INC., Defendant. , W.D.N.C., October 30, 2009 Benjamin Freedman Sidbury, Jason Matthew Sneed, Theresa Conduah, Alston & Bird LLP, Charlotte, NC, for Plaintiff. Alice Carmichael Richey, Alice Carmichael Richey PLLC, Charlotte, NC, Ann Katherine Ford, John Mcclung Nading, Thomas Edward Zutic, DLA piper LLP, Washington, DC, for Defendant. MEMORANDUM AND ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court on the plaintiff's motion to dismiss defendant's amended counterclaims (Doc. No. 23). The magistrate judge's m... Elena M. DAVID, Arleen J. Stach, and Victor M. Hernandez, Plaintiffs, v. J. Steele ALPHIN, et al., Defendants. , W.D.N.C., October 30, 2009 ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court upon Plaintiffs' motion for entry of final judgment or, in the alternative, motion for certification for interlocutory appeal (Doc. No. 114), Defendants' response (Doc. No. 120), and Plaintiffs' reply (Doc. No. 126). For the following reasons, the Court DENIES Plaintiffs' motion for entry of final judgment and DENIES Plaintiffs' motion for certification for interlocutory appeal. I. BACKGROUND Plaintiffs are participa... DIAGNOSTIC DEVICES, INC., Plaintiff, v. PHARMA SUPPLY, INC., et al., Defendants. , W.D.N.C., October 30, 2009 Ashley Long Ellis, Michael G. Adams, Morgan Hunter Rogers, Parker Poe, Parker Poe Adams & Bernstein, Charlotte, NC, for Plaintiff. Mitchell Allen Stein, Stein Law, P.C., Northport, NY, Robert L. Burchette, Johnston, Allison & Hord, Charlotte, NC, for Defendants. ORDER ROBERT J. CONRAD, JR., Chief District Judge. THIS MATTER is before the Court upon a motion to dismiss filed by defendants Diabetic Supply of Suncoast, Inc. ("Suncoast") and Dan Dennis (collectively "the defendants") (Doc. N... UNITED STATES of America v. Colin MASSIAS. , W.D.N.C., October 30, 2009 ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on the Defendant's pro se Motion to Modify an Imposed Term of Imprisonment. [Doc. 127]. On September 6, 1994, the Defendant was charged with one count of conspiracy to possess with intent to distribute and distribution of cocaine, in violation of 21 U.S.C. § 846. [Doc. 1]. A jury found the Defendant guilty of this charge on January 24, 1996. [Doc. 57]. On May 15, 1996, the Defendant was sentenced to 160 months of impri... James D. TINSLEY, Plaintiff, v. Sheriff Rick DAVIS; Captain Gilbert; Steve Wyatt; and County of Henderson, Defendants. , W.D.N.C., October 30, 2009 James D. Tinsley, Hendersonville, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court on Plaintiff's Motion for Reconsideration (Doc. No. 6) filed October 27, 2009 and request for Preliminary Injunction (Doc. No. 7) filed October 22, 2009. In his Complaint, filed on October 6, 2009, Plaintiff alleges that the Defendants, [FN1] violated his constitutional rights while housed at the Henderson County Detention Center. Specifically, Plaintiff contends that ... Danny MITCHELL, Plaintiff, v. TREND SETTING DESIGNS, INC.; and Big Lots Stores, Inc., Defendants. , W.D.N.C., October 29, 2009 Gary Allen Dodd, Asheville, Nc, Russell L. McLean, III, McLean Law Firm, P.A., Waynesville, NC, for Plaintiff. Keith P. Anthony, SZD Wicker, Raleigh, NC, David Michael Harmon, Gregory Charles York, David Michael Harmon, York, Williams, Barringer, Lewis & Briggs, LLP, Charlotte, NC, for Defendants. ORDER DENNIS L. HOWELL, United States Magistrate Judge. THIS MATTER is before the court on the following pending motions: (1) plaintiff's Motion to Extend Deadlines (# 12); (2) defenda... FIRST-CITIZENS BANK & TRUST COMPANY, Plaintiff, v. X DIGITAL MEDIA, INC.; and Sandro Dalporto, Defendants. , E.D.N.C., October 29, 2009 Gary J. Rickner, Ward and Smith, P.A., Raleigh, NC, Lance P. Martin, Ward and Smith, PA, Asheville, NC, for Plaintiff. Sandro Dalporto, Ladera Ranch, CA, pro se. ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the plaintiff's Motion for Default Judgment [DE-7] on the Third Claim for Relief as against individual defendant Sandro Dalporto; and due to named defendant, X Digital Media, Inc.'s failure to respond to this court's order of August 21, 2009 [DE-5]. ... Alvis MOSLEY, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., October 28, 2009 ORDER RICHARD L. VOORHEES, District Judge. THIS MATTER comes before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. No. 1), filed December 4, 2007; Respondent's Motion for Summary Judgment (Doc. No. 5), filed February 8, 2008; and Petitioner's Reply to Government's Response to § 2255 Motion (Doc. No. 8), filed March 12, 2008. After having carefully reviewed the instant Motion to Vacate, Motion for Summary Judgment, and the Reply... Brian E. ROOT, Phillip Schub; Diane Desmond; Robert E. Morey; and Marieta Morey, Plaintiffs, v. GENERATIONS LAND COMPANIES, LLC.; Terry Setzer; Lee Setzer; Brent Miller; Wachovia Bank, N.A.; United Community Bank; Blue Ridge Appraisers; Judy Clark;, W.D.N.C., October 28, 2009 John C. Hunter, The John C. Hunter Law Firm, PLLC, Asheville, NC, for Plaintiffs. Steven Kropelnicki, Jr., Carter & Kropelnicki, Mark Alan Pinkston, Van Winkle, Buck, Wall, Starnes & Davis, P.A., Mark Clifford Kurdys, Roberts & Stevens, Stephen Lacy Cash, P.A., Asheville, NC, Christopher Garrison Lewis, Teague Campbell Dennis & Gorham, Raleigh, NC, Eugene E. Lester, III, Sharpless & Stavola, P.A ., Greensboro, NC, W. Clark Goodman, Brian Eugene Koontz, Womble Carlyle Sandridge & Rice, PLLC, C... UNITED STATES of America, v. Shawntaine Lamar LOWMAN. , W.D.N.C., October 28, 2009 Jill Westmoreland Rose, United States Attorney, Asheville, NC, for United States of America. Charles R. Brewer, Asheville, NC, for Shawntaine Lamar Lowman. ORDER DENNIS L. HOWELL, United States Magistrate Judge. THIS CAUSE coming on to be heard and being heard before the undersigned at the close of a Rule 11 proceeding that was held before this court on October 23, 2009. It appearing to the court at the call of this matter on for hearing that the defendant was present with his attorney, ... Robert Wayne BOGGS, Petitioner, v. UNITED STATES of America, Respondent. , M.D.N.C., October 28, 2009 Robert Wayne Boggs, Butner, NC, pro se. MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE DONALD P. DIETRICH, United States Magistrate Judge. Petitioner Robert Wayne Boggs, a federal prisoner, has filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. (Docket No. 73.) [FN1] Petitioner was charged with kidnapping in violation of 18 U.S.C. § 1201(a)(1), transmitting a telephonic communication containing a demand and request for ransom in ... William Thomas BAUBERGER, Petitioner, v. Grady J. HAYNES, Supt. of Warren Correctional Inst., Respondent. , M.D.N.C., October 27, 2009 Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard, Greensboro, NC, David Lybrook Neal, David L. Neal, Attorney at Law, Hillsboro, NC, for Petitioner. Clarence Joe Delforge, III, N.C. Department of Justice, Raleigh, NC, for Respondent. MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. On May 15, 2008, in accordance with 28 U.S.C. § 636(b), the United States Magistrate Judge filed a Memorandum Opinion and Recommendation ("Recommendation"). (Doc. 12.) Respondent (the ... UNITRIN AUTO AND HOME INSURANCE COMPANY, Plaintiff, v. Alex BASTIDA, Rosie Bastida, and BMW Insurance Services, Defendants. , W.D.N.C., October 26, 2009 John E. Spainhour, McAngus, Goudelock & Courie, P.L.L.C., Charlotte, NC, for Plaintiff. Shawn Alan Copeland, Copeland, Cook & Richards PLLC, Cornelius, NC, Jacob Christian Zweig, Hale, Dewey & Knight, PLLC, Memphis, TN, for Defendants. ORDER FRANK D. WHITNEY, District Judge. THE MATTER is before the Court on the Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. No. 7), filed by Defendants Alex Bastida and Rosie Bastida. This motion has been fully briefed (Docs.Nos.11, 13) ... CHAMPBOAT SERIES, LLC, Plaintiff, v. IN2FOCUS Films, Inc., and Jay Kriss, Defendants. , W.D.N.C., October 26, 2009 William P. Bray, the Bray Law Firm, PLLC, Charlotte, NC, for Plaintiff. Christopher M. Thomas, William Sullivan Fultz, Raleigh, NC, Eric Damian Welsh, Aretha Venyke Blake, Charlotte, NC, for Defendants. ORDER DAVID C. KEESLER, United States Magistrate Judge. THIS MATTER IS BEFORE THE COURT on the "Motion for Attorney's Fees" (Document No. 29) filed by In2Focus Films, Inc. and Jay Kriss ("Defendants"). Plaintiff opposes the motion. The motion has been referred to the undersigned Magistra... Tony L. HARRIS, et al., Plaintiffs, v. Sheriff B.J. BARNES, et al., Defendants. , M.D.N.C., October 26, 2009 ORDER AND RECOMMENDATION WALLACE W. DIXON, United States Magistrate Judge. This matter is back before the court on numerous filings by the prisoner Plaintiffs. A careful review of the entire file leaves the court with the committed view that the original screening order was entered in error. The original screening order will be rescinded, and the Plaintiffs will be given the opportunity to start this proceeding anew in accordance with the instructions below. The original screening order al... Gary Dean WHITE, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., October 26, 2009 Gary Dean White, Jonesville, VA, pro se. Amy E. Ray, United States Attorney, Asheville, NC, William A. Brafford, U.S. Attorney's Office, Charlotte, NC, for Respondent. ORDER FRANK D. WHITNEY, District Judge. THIS MATTER comes before the Court for an initial review of Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. No. 1), filed October 15, 2009. For the reasons stated herein, Petitioner's Motion to Vacate is dismissed. PROCEDURAL HISTORY... Deloris BRAME, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.C., October 26, 2009 Elizabeth F. Lunn, Wolf & Hogan, P.C., Raleigh, NC, for Plaintiff. Charlene P. Bellinger-Honig, Social Security Administration, Baltimore, MD, for Defendant. ORDER JAMES C. DEVER III, District Judge. On August 21, 2009, Magistrate Judge Webb issued a Memorandum and Recommendation ("M & R"). In that M & R, Judge Webb recommended that plaintiff's motion for judgment on the pleadings be denied, defendant's motion for judgment on the pleadings be granted, and defendant's final decision denyi... ASHANN-RA a/k/a/ Christopher Dozier, Petitioner, v. UNITED STATES of America, Respondent. , E.D.N.C., October 26, 2009 Christopher Dozier, Waverly, VA, pro se. ORDER W. EARL BRITT, Senior District Judge. This matter is before the court on the 9 September 2009 Memorandum and Recommendation of Magistrate Judge James E. Gates, regarding the government's motion to dismiss. The government filed objections to the M & R. The court has conducted a de novo review. It appears that the government's contentions are more appropriate for consideration on a motion for summary judgment, rather than on a motion to dismis... UNITED STATES of America v. Daniel DEDRICK, John Wesley Rasmussen, II, and D & C's Assault Technologies, Inc., Defendant. , W.D.N.C., October 26, 2009 Charles M. Viser, Lawrence W. Hewitt, James, McElroy & Diehl, P.A ., Richard Deke Falls, Barnett and Falls, Charlotte, NC, Matthew T. Martens, Matthew G. Pruden, for Defendant. ORDER RICHARD VOORHEES, District Judge. THIS MATTER is before the court on Defendants' Daniel Dedrick and D & C's Assault Technologies, Inc. Motion for Judicial Determination Regarding Statutory Penalties and Memorandum in Support (Documents 72, 74), filed December 19, 2006 and March 5, 2007, respectively; the Govern... William A. RIVERS, Jewell C. Rivers, Toni V. Rivers, a minor, by and through her parents, William A. Rivers, and Jewell C. Rivers, Colby R. Pierce, and Sarabeth A. Allcox, a minor, by and through her parents Colby R. Pierce and Cindy Pierce, Plaintif, E.D.N.C., October 24, 2009 Mark D. Stewart, Burch Law Office, Greenville, NC, for Plaintiffs. Scott A. Conklin, N.C. Dept. of Justice, Raleigh, NC, for Defendants. ORDER TERRENCE W. BOYLE, District Judge. This matter is before the court upon the Plaintiffs' Motion for Attorneys' Fees and Costs. BACKGROUND Plaintiffs filed a First Amendment action arising under 42 U.S.C. § 1983 against Defendants on January 13, 2009. Plaintiffs alleged that on July 3, 2007, while visiting a public state park, their rights to freely... Sergio LEON-RAMIREZ, Petitioner, v. UNITED STATES of America, Respondent. , M.D.N.C., October 23, 2009 Sergio Leon-Ramirez, Edgefield, SC, pro se. Robert A.J. Lang, Winston-Salem, NC, for Respondent. MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE DONALD P. DIETRICH, United States Magistrate Judge. Petitioner Sergio Leon-Ramirez, a federal prisoner, has filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. (Docket No. 108.) [FN1] Petitioner was charged in a superseding indictment with robbery of Kernersville Pawn World in violation... Johnnie Mae ROBINSON, Plaintiff, v. NORTH CAROLINA EMPLOYMENT SECURITY COMMISSION, Defendant. , W.D.N.C., October 23, 2009 ORDER FRANK D. WHITNEY, District Judge. THE MATTER is before the Court on Plaintiff's Objection (Doc. No. 20) to the Memorandum and Recommendations (Doc. No. 19) issued by the Honorable David S. Cayer recommending the Court grant Defendant's Motion to Dismiss (Doc. No. 15). Defendant has responded to Plaintiff's objections (Doc. No. 21), after which Plaintiff replied (Doc. No. 22), and this matter is now ripe for review. For the reasons that follow, the Court OVERRULES Plaintiff's objections,... Robert Lionel SISK, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., October 23, 2009 Robert Lionel Sisk, Beaver, WV, pro se. Adam Christopher Morris, Charlotte, NC, Amy E. Ray, United States Attorney, Asheville, NC, for Respondent. ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court on Petitioner's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1]; on the Government's Motion for Summary Judgment [Doc. No. 6]; and on "Movant's Traverse Brief" [Doc. No. 11]. I. STANDARD OF REVIEW Rule 56(e)(2) reads in pertinent... Montavius A. JOHNSON-EL, Petitioner, v. Roy COOPER, et. al., Respondents. , W.D.N.C., October 23, 2009 Montavius Antoine Johnson, Polkton, NC, pro se. Clarence Joe Delforge, III, N.C. Department of Justice Capital Litigation/Federal Habeas Section, Raleigh, NC, for Respondents. ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER comes before the Court upon Petitioner's Motion for Reconsideration (Doc. No. 22), filed July 13, 2009. On March 11, 2009, Petitioner filed a federal habeas petition with this Court. On April 2, 2009, Respondent filed a Motion for Summary Judgment. On June 29.2... Luther LAKEY, Plaintiff, v. Robert UHREN, et al., Defendants. , W.D.N.C., October 23, 2009 Luther Lakey, Spruce Pine, NC, pro se. ORDER GRAHAM C. MULLEN, Ditrict Judge. This matter is before the Court for an initial review of a Complaint pursuant to 42 U.S.C. § 1983, filed October 14, 2009. In his Complaint Plaintiff alleges that on or about January 8, 2009, he fell when he was getting into a car on his way back from physical therapy for a back injury. Plaintiff alleges that as a result of his fall he is suffering from severe headaches, vision problems, and neck pain. In his C... Christopher Reginald HINES, Petitioner, v. UNITED STATES of America, Respondent. , W.D.N.C., October 23, 2009 Christopher Reginald Hines, Petersburg, VA, pro se. Amy E. Ray, United States Attorney, Asheville, NC, for Respondent. ORDER GRAHAM MULLEN, District Judge. THIS MATTER is before the Court on Petitioner's Motion for Reconsideration, filed October 21, 2009 (Document No. 59); Petitioner's Notice of Evidentiary Support, (Document No. 60); and Petitioner's Request for Bond (Document No. 61.) Rule 59(e) states that "[a]ny motion to alter or amend a judgment shall be filed no later than 10 days... UNITED STATES of America v. Carlos Omar HERNANDEZ-GALVEZ. , W.D.N.C., October 23, 2009 ORDER ROBERT J. CONRAD, JR., Chief Judge. THIS MATTER is before the Court upon the defendant's Motion to Dismiss Pursuant to the Speedy Trial Act (Doc. No. 15) and the government's response (Doc. No. 16). I. FACTUAL BACKGROUND According to the affidavit filed with the complaint, the defendant was found in a van, along with approximately fifteen other suspected illegal aliens, by Gaston County Police officers on May 28, 2009. (Doc. No. 1: Affidavit at ¶ 4). An Immigration and Customs Enf... Zane JOHNSON, Plaintiff, v. Steve BAILEY, et al., Defendants. , W.D.N.C., October 23, 2009 Zane Johnson, Taylorsville, NC, pro se. ORDER GRAHAM C. MULLEN, District Judge. This matter is before the Court for an initial review of Plaintiff's Complaint pursuant to 42 U.S.C. § 1983 (Doc. No. 1) and Motion to Appoint Counsel (Doc. No. 2), both filed September 25, 2009; and Plaintiff's Motion to Recorded [sic] Evidence (Doc. No. 5), filed October 5, 2009. In his Complaint Plaintiff, an inmate at Alexander Correctional Institute (ACI), alleges that Defendants have been deliberately ... Dorothy JEFFRIES, Plaintiff, v. William CHAVIS d/b/a Cape Fear, Upholstery of Fayetteville, Defendant. , E.D.N.C., October 23, 2009 Jerry Louis Garner, FPC Seymour Johnson, Goldsboro, NC, for pro se. ORDER TERRENCE W. BOYLE, District Judge. This matter is before the court on plaintiff's application to proceed in forma pauperis, and for frivolity review pursuant to 28 U.S.C. § 1915(e)(2)(B). For the reasons stated below, Plaintiff's claim is DISMISSED. BACKGROUND Magistrate Judge James E. Gates filed an Order and Memorandum and Recommendation (M & R) on May 19, 2009. The magistrate found Plaintiff's application to proc... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com