Bethea v. Gryphon Investors et al

Filing 24

CONSENT ORDER OF DISMISSAL. Signed by District Judge Terrence W. Boyle on 8/17/2012. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF NORTH CAROLINA

Western Division

Case No.: S:12-CV-'OO411

LATASHA MICHELLE BETHEA,

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Plaintiffs,

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ORYPHON INVESTORS improperly referred
to in the Complaint as GRYPHON
INVESTORS INC., DELTA CAREER
EDUCAnON CORPORATION. MILLER­
MOTTE BUSINESS COLLEGE, INC., BETTY
DAGENHART, TRUPTI MASAURI,
DANIELLE APPLE and SARAH WILSON,

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CONSENT ORDER OF
DISMISSAL

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Defendants. )
Upon defendants' Motion to Dismiss, and pursuant to the agreement of the parties, it is
hereby ORDERED that:
1. Plaintiff Latasha Michelle Bethea's ("Bethea") claims against defendant Delta Career
Education Corporation ("Delta") are DISMISSED WITHOUT PREJUDICE to allow resolution of
the parties' dispute pursuant to the Employment Agreement between them by submission to
mediation, and ~ ifthe dispute is not resolved in mediation, to binding arbitration;
2. Bethea's claims against the other defendants-Gtyphon Investors (improperly referred
to in the Complaint as Gryphon Investors Inc.), Miller-Motte Business College, Inc., Betty

Dagenhart, Trupti Maisuria (improperly referred to in the Complaint as Trupti Masauri), Danielle
Apple, and Sarah Wilson-are DISMISSED WITH PREJUDICE. Without waiving any defenses
otherwise available under the law or the Employment Agreement, Delta agrees that it would be the
party responsible for paying any damages awarded on Bethea's claims against these other

defendants arising out of her employment with Delta should Bethea prevail on those claims. Delta
will not raise as a defense in the mediation or arbitration that these other defendants were acting

outside the scope of their employment.
3. The parties stipulate that this Consent Order of Dismissal shall be deem.ed an accepted
demand for mediation and, if the dispute is unresolved in mediation, arbitration of the claims

asserted by Bethea in her Complaint.
SO ORDERED TIllS _-.l!i--.ll.7____ day of A~ 2012.

T~h/I¥

JUDGE PRESIDING

WE ASK FOR TIllS:
lsi Anne G. Bibeau

Anne G. Bibeau

Virginia State Bar No. 41488

VANDEVENTER BLACK LLP

101 West Main Street, Suite 500

Norfolk, Virginia 23510

Telephone: [phone]

Facsimile: [phone]

Email: [e-mail]

Attorneys fOT Defontkmts

lsi Michael R. Porter
Jose A. Coker
N.C. State Bar No. 28478

[e-mail]

Michael R. Porter

N.C. State Bar No. 37000

[e-mail]

The Charleston Group

Attorneys for Plaintiff

Post Office Box 1762

Fayetteville, NC 28302-1762

Telephone: [phone]

TeIecopier: [phone]

Counselfor Plaintiff
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