LARROWE v. BANK OF THE CAROLINAS et al

Filing 162

MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 05/16/2011. This matter is before the court on a motion by Defendant Bank of the Carolinas to dismiss with prejudice certain counterclaims (docket no. [9 6]) filed by the Bank against Plaintiff pursuant to Rule 41(c) of the Federal Rules of Civil Procedure. See FED. R CIV. P. 41(c). Plaintiff has not opposed the motion, and the matter is ripe for disposition. Because Plaintiff does not oppose the moti on, IT IS RECOMMENDED that the court grant the Bank's motion to dismiss with prejudice the following allegations and claims against Plaintiff (docket no. 96 ), as alleged in the Bank's First Amendment of Counterclaim (docket no. 77 ): paragraph 8(e); Count III(tortious interference with regulatory relationships) (paragraphs 18-22); and Count VI (unfair and deceptive trade practices) (paragraphs 32-39).(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

MICHAEL D. LARROWE,
Plaintiff,
v.
BANK OF THE CAROLINAS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

MEMORANDUM OPINION
AND RECOMMENDATION
1:10CV378

This matter is before the court on a motion by Defendant Bank of the
Carolinas to dismiss with prejudice certain counterclaims (docket no. 96) filed by the
Bank against Plaintiff pursuant to Rule 41(c) of the Federal Rules of Civil Procedure.
See FED. R CIV. P. 41(c). Plaintiff has not opposed the motion, and the matter is ripe
for disposition.

Because Plaintiff does not oppose the motion, IT IS

RECOMMENDED that the court grant the Bank’s motion to dismiss with prejudice
the following allegations and claims against Plaintiff (docket no. 96), as alleged in the
Bank’s First Amendment of Counterclaim (docket no. 77): paragraph 8(e); Count III
(tortious interference with regulatory relationships) (paragraphs 18-22); and Count
VI (unfair and deceptive trade practices) (paragraphs 32-39).

_____________________________
WALLACE W. DIXON
United States Magistrate Judge
May 16, 2011