Hall v. Lowes Foods, LLC

Filing 15

ORDER granting 7 Motion to Dismiss for Failure to State a Claim. The court GRANTS defendant's motion to dismiss counts two and four [D.E. 7]. Signed by District Judge James C. Dever III on 7/2/2019. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:19-CV-15-D
PHYLISS HALL,

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Plaintiff,

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v.

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ORDER

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LOWES FOODS, LLC,

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Defendant.

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On May 20, 2019, Lowes Foods, LLC ("Lowes Foods" or "defendant") moved to dismiss

counts one, two, four, and five for failure to state a claim upon which relief can be granted [D.E. 7]
and filed a memorandum in support [D.E. 8]. On June 6, 2019, Phyliss Hall ("Hall" or ''plaintiff'')
responded in opposition [D.E. 12]. On June 12, 2019, Lowes Foods replied and requested that the
court dismiss counts two and four [D.E. 13].
The court GRANTS defendant's motion to dismiss counts two and four [D.E. 7]. See Clark
Gzy. Sch. Dist. v. Breeden, 532 U.S. 268, 273-74 (2001) (per curiam); Perry v. K.appos, 489 F.

App'x 637, 643 (4th Cir. 2012) (unpublished); Dowe v. Total Action Against Poverty in Roanoke
Valley, 145 F.3d 653, 657 (4th Cir. 1998); Wi11ingham v. Mabus, No. 5:16-CV-187-D, 2018 WL
2324347, at *6 (E.D.N.C. May 22, 2018), aff'd, No. 18-1920, 2019 WL 2124646 (4th Cir. May 15,
2019) (per curiam) (unpublished); Everett v. Redmon, No. 7:16-CV-323-D, 2017 WL 2313468, at
*7 (E.D.N.C. May 26, 2017) (unpublished); Huckelba v. Deering, No. 5:16-CV-247-D, 2016 WL
6082032, at *3 (E.D.N.C. Oct. 17. 2016) (unpublished). The clerk shall continue management of
the case.
SO ORDERED.

This~

day of July 2019.