Bragg v. NC State University

Filing 16

ORDER denying 13 Motion to Dismiss for Failure to State a Claim. Plaintiff has responded with proof that she has re-served Defendant with summons and a full copy of the Complaint within the time allowed by the Clerk of Court. See Resp. to Mot. to Dismiss, Ex. 3 [DE-15-3]. Defendant has not replied or countered this assertion. Accordingly, because Defendant has now been served with the summons and a full copy of the Complaint, the Motion to Dismiss [DE-13] is DENIED. Signed by Senior Judge James C. Fox on 6/26/2015. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5:14-CV-887-F
PAMELA BRAGG,
Plaintiff,

v.
BOARD OF GOVERNORS OF THE
UNIVERSITY OF NORTH CAROLINA
CONSTITUENT N.C. STATE
UNIVERSITY AT RALEIGH,
Defendant.

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ORDER

This matter is before the court on the Defendant's Motion to Dismiss [DE-13]. Therein,
Defendant argues that Plaintiffs complaint must be dismissed for lack of subject matter
jurisdiction, lack of personal jurisdiction, insufficient process, insufficient service of process, and
failure to state a claim upon which relief may be granted. Defendant's motion is premised upon
its assertion that it was served only with a partial complaint.
Plaintiff has responded with proof that she has re-served Defendant with summons and a
full copy of the Complaint within the time allowed by the Clerk of Court. See Resp. to Mot. to
Dismiss, Ex. 3 [DE-15-3]. Defendant has not replied or countered this assertion. Accordingly,
because Defendant has now been served with the summons and a full copy of the Complaint, the
Motion to Dismiss [DE-13] is DENIED.

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SO ORDERED. This the..;l 6 day of June, 2015.

~esC. Fox
Senior United States District Judge