187 results for 'court:"USDC Eastern District of North Carolina"'.
J. Boyle denies a North Carolina justice department employee’s motion for reconsideration after the department was granted its partial motion to dismiss her discrimination allegations. Because the employee did not amend her complaint after, for instance, claiming she found post-dismissal evidence of the department’s retaliation, her arguments for reconsideration are misplaced.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 10, 2024, Case #: 5:21cv371, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, Employment Retaliation
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. Boyle grants a civilian and military training company’s second motion for preliminary injunction against a former employee who allegedly withheld confidential information, including copies of 98,000 emails. The company’s first motion was denied because up to that point, the former employee’s misappropriation of the information was speculative. Thanks to discovery in a related suit, it was found that the employee does possess said emails, which contain highly sensitive personal information about current employees. This is enough to demonstrate that the company is likely to succeed on the merits and existence of irreparable harm.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 8, 2024, Case #: 5:23cv334, NOS: Other Contract - Contract, Categories: Privacy, Discovery, Contract
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
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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
J. Flanagan grants the acting federal secretary of labor’s motion for default judgment against a Mexican restaurant and its owners for alleged labor law violations. Because the restaurant and its owners failed to submit a notice that they would be proceeding pro se or with representation, the court clerk entered default against them in October 2023. The owners are now ordered to pay in excess of $154,000 in back wages and liquidated damages to the department of labor.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 3, 2024, Case #: 4:20cv189, NOS: Fair Labor Standards Act - Labor, Categories: Government, Labor
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. Flanagan partially denies an insurance company’s motion for summary judgment following allegations of breach of contract, bad faith and deceptive trade practices brought by an investment group that owns several medical office buildings damaged during Hurricane Florence. The group failed to show enough evidence for the bad faith and deceptive trade practices claims. The insurer argues that only 10-12% of the water damage was caused by wind as a policy in the contract will not cover water damage caused by other factors. However, its own expert reported that the wind opened a hole in the roof of one building, raising the question of whether wind damage contributed to further water damage. Therefore, the group’s contract claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 4:21cv157, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Flanagan grants a municipality’s motion to dismiss allegations of employment discrimination brought by a staff member after she claims it overlooked her for promotions during the seven years she worked there. The municipality argues correctly that subject matter jurisdiction is not applicable because the staff member’s complaint lacks diversity of citizenship because all parties are located in North Carolina. Further, the staff member does not include any federal question in her claim, only alleging that the municipality violated state employment laws.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 29, 2023, Case #: 2:23cv52, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, Employment Discrimination
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. Flanagan grants the U.S. Attorney General’smotion to dismiss allegations of voter suppression brought by a citizen who claims the attorney’s appointment of Jack Smith as special counsel undermined her right to vote for Donald Trump. The citizen also requests an injunction to stop the attorney from appointing any other special counsel who would prosecute Donald Trump. However, the citizen has failed to draw a connection between the attorney’s appointment and any concrete injury to herself. Also, she cannot sue one party in defense of the legal rights of someone other than herself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 28, 2023, Case #: 5:23cv372, NOS: Voting - Civil Rights, Categories: Elections, Government, Jurisdiction
J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Flanagan denies a borrower’s motion for reconsideration of an October ruling that denied her motions to remand, to amend and for oral argument, and the court grants the sued loan servicing firm’s motion to dismiss. This time around, the borrower fails to present a clear error of law or any new evidence for consideration and cannot proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 2:23cv31, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Flanagan rules in favor of a maritime services firm to place a lien on a vessel it salvaged at sea. The vessel, a powerboat, had been tender to a larger vessel when it capsized and the larger vessel abandoned it. The maritime services recovered and restored the boat at significant cost of over $263,000, and it will now be put up for public sale.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 21, 2023, Case #: 4:23cv130, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
J. Boyle partially denies a tavern’s motion to dismiss an amended complaint filed by a promotional company of unauthorized display of two televised mixed martial arts championship fights. The company does not distinguish between the tavern itself and its two individual owners, and, therefore, fails to state a claim against either individual. However, the company has sufficiently claimed that the tavern has violated federal communications law, and discovery may proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 13, 2023, Case #: 4:23cv17, NOS: Cable/Sat TV - Other Suits, Categories: Communications, Business Practices
J. Flanagan denies a municipality’s motion for attorney fees and costs following allegations that one of its police officers raped a woman “in exchange for” not arresting her. Among multiple claims the woman brought against both parties was punitive damages. The municipality argued that it is immune from the punitive damages claim and that this claim was frivolous and, therefore, the woman owes it attorney fees and costs. However, as the woman withdrew the claim, the municipality’s argument is moot and discovery will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 13, 2023, Case #: 7:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Boyle grants American Express’s motion to stay litigation pending appeal of a separate case against Citibank involving identical concerns, namely that the financial institutions exploited active military servicemembers and veterans by charging exorbitant banking fees. The servicemembers and veterans brought class actions against the banks for violations of lending laws meant to protect them specifically. Because both suits are so similar, the outcome of the appeal will directly impact the outcome of the present suit, so the motion is reasonable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 5:22cv145, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Military
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
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. Boyle grants the federal government’s motion to strike 10 of 14 affirmative defenses presented by a seafood business owner who allegedly constructed retaining walls without permits in areas protected by the Clean Water Act. Because the government is seeking a civil penalty and injunction for the violation, not damages, it is not subject to defenses the owner uses here, such as estoppel, laches and unclean hands. Other of his defenses are inadequately pleaded.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 6, 2023, Case #: 2:23cv1, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Maritime