60 results for 'judge:"Dever"'.
J. Dever denies a former Butterball turkey worker’s motion for equitable tolling in this suit he brought against Butterball for its failure to pay overtime wages. The worker claims the court delayed its rulings on Butterball’s motions to dismiss, but as the court timely ruled on those motions, he fails to prove that these circumstances were extraordinary. Also, the worker has not identified the class of his coworkers who would benefit from the relief sought.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 10, 2024, Case #: 5:20cv585, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Dever denies a consumer’s motions to amend her complaint and extension of time to file after she sued a slew of credit reporting agencies for allegedly failing to provide full disclosure in their reports of her credit. The consumer alleges the agencies violated fair credit reporting law by not providing her with sufficient information. However, she fails to specify what information she was not provided and does not claim the agencies reported any incorrect information. Her claims are not sufficient to state a claim for relief.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 9, 2024, Case #: 5:23cv406, NOS: Consumer Credit - Other Suits, Categories: Commerce, Consumer Law
J. Dever partially grants a school board’s motion to dismiss allegations of civil rights violations brought by a former assistant principal. The assistant principal, a white man, argues that he was subject to systematic racial harassment and race and sex discrimination, specifically by the school’s superintendent, as evidenced by things like not promoting him and not providing him functioning equipment when testing students. The assistant principal’s retaliation claims against the board and superintendent survive as he was able to prove he engaged in protected activity and leave just before he was suspended without pay, then fired. However, his discrimination claims fail because his comparisons of treatment between himself and Black employees were not sufficient.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 2:23cv30, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dever denies a Spectrum customer’s motions to amend and for extension of time after the communications company opposed her motions to amend following the customer’s complaints about her Wi-Fi service. The customer, a “notorious pro se litigant,” argues that her internet service was not adequate and that she should not have to pay for it. Her claims are insufficient for breach of contract on the federal level, and the case is remanded for her state claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 8, 2024, Case #: 5:23cv408, NOS: Other Contract - Contract, Categories: Communications, Contract, Technology
J. Dever denies an investment firm’s motion to remand this suit to a lower court in its attempt to prevent Wells Fargo and a trustee corporation from foreclosing a second time on a property the firm had purchased. The firm was unaware of a lien from 2006 owned by Wells Fargo when it bought the property and requested purchase of a note that would resolve the lien. Wells Fargo responded by initiating a second foreclosure sale, to which the firm responded by suing the bank. Wells Fargo correctly argues that the suit cannot be remanded because the trustee corporation is located in Florida and, therefore, diversity jurisdiction exists.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 5, 2024, Case #: 7:23cv1232, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Property, Jurisdiction
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J. Dever remands this suit against an insurance company brought by an environmental waste handler for failure of payment after the handler pumped spilled hog waste from a methane gas facility to unused hog barns for two weeks straight. The handler moved the waste for 12 hours a day during it operation, billing the facility over $411,000, which the facility passed on to the insurance company. The insurer argues that the handler is not party to the contract between itself and the facility, and therefore lacks standing. However, this argument prevents the insurance company from carrying its burden to show this matter belongs in federal court.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 7:23cv1171, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Jurisdiction
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Business Practices, Technology
J. Dever declines to dismiss breach of contract allegations brought by an insurance adjuster against a vacation rental firm that allegedly didn’t pay any fees when the adjuster recovered damages from Liberty Mutual. Hurricane Florence caused damage to the firm’s property and it filed a claim with Liberty Mutual, which never paid anything to the firm. The adjuster sued Liberty Mutual on the firm’s behalf and recovered over $1 million for the business, which has not paid the adjuster. The firm argues that the adjuster does not have subject matter jurisdiction, but because the amount in controversary exceeds $75,000, the firm’s motion to dismiss does not hold up under this argument.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 28, 2023, Case #: 4:23cv143, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Dever grants the federal government’s motion to dismiss counterclaims brought by a doctor accused of committing medical billing fraud. In previous litigation, the parties agreed to a consent judgment that stipulates the doctor will pay back $5.5 million from his fraudulent activities. Presently, the doctor countersues the governments, claiming that he and his wife have not failed to disclose assets or income and that the consent judgment should be stricken and nullified. The doctor’s argument that the federal government did not timely file its claims is incorrect, and the government is correct in its argument that the previous litigation is sound and final under res judicata.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 8, 2023, Case #: 5:22cv140, NOS: All Other Real Property - Real Property, Categories: Fraud, Government, Health Care
J. Dever grants the natural guardians of a disabled minor child their motion for partial summary judgment against a school board after the child’s educational assistant was convicted for assaulting her. The assistant, who was hired to support the non-verbal child with all tasks, reportedly beat her behind the cafeteria with a metal serving spoon so severely that the spoon bent. The board made several defenses including statute of limitations and immunity. Under the federal civil rights code the guardians invoke, the board is able to be sued just like a municipality and can therefore not use an immunity defense. Also, the guardians brought this litigation well within the statute of limitations and are thus allowed to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 27, 2023, Case #: 5:23cv243, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
J. Dever orders an injunction be placed on a person who, in conjunction with multiple other individuals and companies, allegedly used copyright-infringing software or machines in violation of state and federal laws. It is deemed proper that an injunction be used in this case, and this person has consented to it, stipulating that he no longer use, distribute or duplicate any intellectual property belonging to the two marketing and auctioneering firms that initially brought the claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 14, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Injunction
J. Dever denies a recreational and competitive flag football organization its claims of fraud, breach of contract and deceptive trade practices against the former owner of a similar enterprise. The organization bought the enterprise from the owner with the agreement he would not compete with it for at least five years. As part of the contract, the organization hired the former owner, but he resigned after just under two years and began to compete. However, under state law, the agreement must still be intact to enforce it, and since the owner resigned, he is no longer subject to it.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 3, 2023, Case #: 5:23cv172, NOS: Other Contract - Contract, Categories: Fraud, Trade, Contract
J. Dever grants a fastening and packaging distributor’s motion for summary judgment following allegations of age and national origin discrimination brought by former service technician, who was 52 years old at the time of hire. The technician was unable to produce evidence that the distributor discriminated against him because even though he is Latino and some white men were kept on when he was laid off during the early days of Covid-19, these men were not in a similar position as he and cannot be considered in comparable situations. Also, the technician reportedly acted outside the bounds of his position and refused to recognize a new manager’s authority among other complaints. Therefore, the distributor fired him for allegedly legitimate reasons.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: October 27, 2023, Case #: 7:22cv21, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Dever partially grants a group of citizens' motion for class certification in its suit against DuPont and related companies and individuals for their alleged pollution of a major North Carolina river going back to the 1970s. The class claims DuPont dumped chemicals into the river for years, including perfluorinated compounds or PFCs, which are toxic to humans and last for up to 2,000 years in the environment. DuPont challenges the certification, arguing that individual suits would be more efficient. However, since there are potentially over 100,000 class members in this case, and the awards they might receive are relatively small, class certification is much more appropriate.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: October 4, 2023, Case #: 7:17cv189, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Class Action
J. Dever partially grants a health care system's motion to dismiss race and age discrimination allegations brought by a former employee, who was a Black woman over 40 years old. The employee complained throughout her time working for the system of race discrimination. The system allegedly passed her over for a new position after they originally demoted her, then fired her. She argues the system didn't rehire her because of her demographics and filed a complaint with the EEOC for retaliation and age, race and color discrimination. However, her claims are time-barred because the system fired her longer than 180 days before she filed the EEOC complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: September 1, 2023, Case #: 5:22cv363, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dever partly dismisses a citizen's complaint that his freedom of speech was violated by the chair-at-large of a county health and human services department after he was physically removed from several public hearings for not wearing a face mask. The chair-at-large allegedly ordered a number of sheriffs at the public hearings to remove the citizen as the chair was adamantly pro-mask in regards to Covid-19 safety protocols. However, the citizen argues that she prevented him from speaking altogether by using his choice to remain unmasked as an excuse to bar him from participating. His argument that the sheriff arrested him "to make an example of him" is not sufficient concerning his forcible removal from one meeting, thus it is dismissed. However, he plausibly argues that the chair violated his right to free speech, and he is given leave to file an amended complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 7:22cv179, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Covid-19, First Amendment
J. Dever approves a stipulated protective order between a former employee of a nicotine vape products company following race, gender and age discrimination allegations brought by the employee, who is a Black woman over 50. The order is approved to expedite the discovery process.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 5:22cv121, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Employment Discrimination
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Emotional Distress, Assault
J. Dever partially denies a cricket organization its motion to dismiss a breach of contract brought by a landowner after the parties disagreed about the true date of sale of 70 acres. The sports organization claims it had 30 days from the time it made the last of three extensions of sale to close the deal. However, the landowner argues the organization's signing was not timely and therefore violated the agreement, so he cancelled the sale. While the landowner plausibly argues that the organization was not communicative enough to establish its desire to buy the property and, thus, the timeliness of fulfilling its end of the agreement, he cannot establish deceptive trade practices solely based on a breach of contract.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 24, 2023, Case #: 5:23cv110, NOS: Other Contract - Contract, Categories: Property, Trade, Contract
J. Dever grants summary judgment to a hog farm following allegations of negligence and trespass brought by residents living in close proximity to the farm. The residents claim the farm allowed hog feces, urine, dust and other contaminants to land on their properties and putrefy their air. However, they fail to show sufficient evidence that these substances came solely from the hog farm.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 16, 2023, Case #: 7:20cv85, NOS: Torts to Land - Real Property, Categories: Property, Tort, Negligence
J. Dever denies, in part, an individual's motion to dismiss an investment company's claims related the individual's alleged misappropriation of funds from its virtual wallet. The company sufficiently pleads its claims for conspiracy and conversion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 25, 2023, Case #: 5:22CV503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Conversion
J. Dever remands to the North Carolina Division of Motor Vehicles a case filed by 46 Ford dealers against Ford Motor Co. pertaining to the company's Model e Program, a voluntary program that allows dealers to invest in Ford's manufacture of more electronic vehicles the dealers say violates state licensing laws. The dealers' petition, filed with the commissioner, was not a civil action subject to removal, and state interests outweigh federal interests.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 18, 2023, Case #: 5:23CV167, NOS: Other Contract - Contract, Categories: Administrative Law, Licensing, Vehicle