Bradley Disney v. North American Roofing Services, Inc.

Filing 29

ORDER denying 20 Motion to Dismiss without prejudice. Dfts shall answer the 18 Amended Complaint w/in 14 days. Signed by District Judge Max O. Cogburn, Jr on 06/02/2015. (klb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:15-cv-00038-MOC-DLH
BRADLEY DISNEY,
Plaintiff,
Vs.
NORTH AMERICAN ROOFING SERVICES,
INC.; DOES 1 TO 30 JOHN/JANE DOES,
Defendants.

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ORDER

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THIS MATTER is before the court on defendant North American Roofing Services,
Inc.’s Motion to Dismiss plaintiff’s Third Cause of Action pursuant to Rule 12(b)(6). Having
considered defendant North American Roofing Services, Inc.’s motion and reviewed the
pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendant North American Roofing Services,
Inc.’s Motion to Dismiss plaintiff’s Third Cause of Action pursuant to Rule 12(b)(6) (#20) is
DENIED without prejudice as to reasserting the substance of such argument after the close of
discovery in the form of a Motion for Summary Judgment.
Defendant(s) shall answer the Amended Complaint (#18) within 14 days. Local counsel
for plaintiff shall review and co-sign all future filings of counsel admitted pro hac vice.

Signed: June 2, 2015

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