Johnson et al v. Pope et al

Filing 88

IT IS ORDERED, ADJUDGED AND DECREED that pursuant to the courts order 20 dated 12/11/2013 defendants' motion to dismiss [DE 11] is GRANTED. Counts II, III, IV, V, and VI against defendants Pope, Bileth, Barr, Walker, Carroll, and the United St ates are DISMISSED for want of subject matter jurisdiction and failure to state a claim. Plaintiffs' claim for refund against the UnitedStates, Count I, remains. Plaintiffs' motion for entry of default [DE 14] is DENIED. ADDITIONALLY pursua nt to the courts order 35 dated 7/22/2014 defendant's motion for protective order is GRANTED IN PART and DENIED IN PART. Interrogatories 7, 8, 10-13, and 16 and document requests 4-6, 8-10, 13, 15, and 16 are forbidden and no further inquiry i nto these matters is allowed. The Court DOES NOT award of costs and attorney's fees. Plaintiffs' motion fordefault judgment is DENIED, and plaintiffs' motion for hearing is DENIED AS MOOT. IT IS FURTHER ORDERED, ADJUDGED AND DECREED pl aintiffs' motion for partial summary judgment [DE 66] is DENIED and the government's motion for summary judgment [DE 74] is GRANTED. Signed by Lindsay Romine, Deputy Clerk, for Julie Richards Johnston, Clerk of Court on 7/31/2015. Copies sent via US Mail to Pro Se Plaintiffs at 111 SE 14th Street, Oak Island, NC 28465. (Romine, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

BRAD R. JOHNSON AN AND
ELCI WIJAYANINGSIH
Plaintiffs,
v.
ABBY POPE, ELIZABETH BILETH,
WINFORD BARR, THOMAS G. WALKER,
JONATHAN D. CARROLL, AND
UNITED STATES OF AMERICA
Defendants.

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JUDGMENT
7:13-CV-78-BO

Decision by Court.
IT IS ORDERED, ADJUDGED AND DECREED that pursuant to the court’s order [20] dated
12/11/2013 defendants' motion to dismiss [DE 11] is GRANTED. Counts II, III, IV, V, and VI against
defendants Pope, Bileth, Barr, Walker, Carroll, and the United States are DISMISSED for want of
subject matter jurisdiction and failure to state a claim. Plaintiffs' claim for refund against the United
States, Count I, remains. Plaintiffs' motion for entry of default [DE 14] is DENIED.
ADDITIONALLY pursuant to the court’s order [35] dated 7/22/2014 defendant's motion for
protective order is GRANTED IN PART and DENIED IN PART. Interrogatories 7, 8, 10-13, and
16 and document requests 4-6, 8-10, 13, 15, and 16 are forbidden and no further inquiry into these
matters is allowed. The Court DOES NOT award of costs and attorney's fees. Plaintiffs' motion for
default judgment is DENIED, and plaintiffs' motion for hearing is DENIED AS MOOT.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED plaintiffs' motion for partial
summary judgment [DE 66] is DENIED and the government's motion for summary judgment [DE 74]
is GRANTED.
This case is closed.
This judgment filed and entered on July 31, 2015, and served on:
Lee Perla (via CM/ECF Notice of Electronic Filing)
Lawrence P. Blaskopf (via CM/ECF Notice of Electronic Filing)
Nathan L. Strup (via CM/ECF Notice of Electronic Filing)

Copies of the Order and Judgment were sent via US Mail to:
Brad R. Johnson and Elci Wijayaningsih (111 SE 14th Street, Oak Island, NC, 28465)

JULIE RICHARDS JOHNSTON, CLERK
July 31, 2015
By: Deputy Clerk