Beam v. Southeastern Freight Lines, Inc.

Filing 83

AMENDED JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in the court's order dated 10/25/2018 at [DE-29] defendant's motion to dismiss [D.E. 16] is GRANTED in part and DENIED in part. Count two in plaintiff's amended complaint is DISM ISSED WITH PREJUDICE. Counts one and three survive. The court DENIES plaintiff's: motion to dismiss [D.E. 23] as meritless. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the court AFFIRMS Magistrate Judge Numbers's decision, OVERRULES plaintiff's objections [D.E. 79], GRANTS defendant's motion for summary judgment [D.E. S7], and DENIES plaintiff's motion for summaryjudgment [D.E. S4]. Defendant may file a motion for costs in accordance with the Federal Rules of Civil Procedure and this court's local rules. Signed by Susan Edwards, Deputy for Peter A. Moore, Jr., Clerk of Court on 8/20/2020. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

DAVID DEAM,
Plaintiff
vs.
SOUTHEASTERN FREIGHT LINES,
INC.,
Defendant.

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AMENDED
JUDGMENT IN A CIVIL CASE
CASE NO. 5:18-CV-124-D

Decision by Court.
IT IS ORDERED, ADJUDGED AND DECREED in the court’s order dated 10/25/2018 at [DE29] defendant's motion to dismiss [D.E. 16] is GRANTED in part and DENIED in part. Count two
in plaintiff's amended complaint is DISMISSED WITH PREJUDICE. Counts one and three
survive. The court DENIES plaintiff's: motion to dismiss [D.E. 23] as meritless.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the court AFFIRMS
Magistrate Judge Numbers’s decision, OVERRULES plaintiff’s objections [D.E. 79], GRANTS
defendant’s motion for summary judgment [D.E. S7], and DENIES plaintiff’s motion for summary
judgment [D.E. S4]. Defendant may file a motion for costs in accordance with the Federal Rules
of Civil Procedure and this court's local rules.

This Judgment filed and entered on August 20, 2020, and copies to:
Gene A. Riddle (via CM/ECF electronic notification)
John A. Beam (via CM/ECF electronic notification)
William L. Duda (via CM/ECF electronic notification)
John Allen Thomas (via CM/ECF electronic notification)

August 20, 2020

Peter A. Moore, Jr.
Clerk of Court

By:
Deputy Clerk

Case 5:18-cv-00124-D Document 83 Filed 08/20/20 Page 1 of 1