Caffrey et al v. Four Oaks Bank & Trust Company

Filing 32

JUDGMENT in favor of Four Oaks Bank & Trust Company and remanding remaining claims to Wake County Superior Court - Signed by Dennis P. Iavarone, Clerk of Court on 07/05/2011. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

THOMAS CAFFREY
and EDDIE ALVAREZ,
Plaintiffs,
v.

FOUR OAKS BANK & TRUST
COMPANY,
Defendant.

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JUDGMENT
No. 5:10-CV-341-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, Chief United States District Judge, for
consideration of the defendant’s motion for judgment on the pleadings.
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s order entered
June 29, 2011, and for the reasons set forth more specifically therein, that defendant’s motion for
judgment on the pleadings is granted as to those claims that are premised on defendant’s failure to
pay severance benefits under the employment agreements. Specifically, plaintiffs’ first and second
claims for relief, as well as plaintiffs’ fifth, sixth, and seventh claims for relief to the extent they
relate to the employment agreements, are dismissed with prejudice. Further, the court declines to
exercise supplemental jurisdiction over plaintiffs’ remaining state law claims. The matter is
accordingly remanded to state court.

This Judgment Filed and Entered on July 5, 2011, and Copies To:
Wake County Clerk of Superior Court (via U.S. Mail)
316 Fayetteville Street, Raleigh, NC 27601
James C. Adams, II (via CM/ECF Notice of Electronic Filing)
Sarah Walker Baker (via CM/ECF Notice of Electronic Filing)
Zebulon D. Anderson (via CM/ECF Notice of Electronic Filing)

July 5, 2011

DENNIS P. IAVARONE, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk