Bochicchio v. Autotrader.com, Inc. et al

Filing 16

ORDER denying as moot without prejudice 10 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge David S. Cayer on 2/15/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12-CV-00726-MOC-DSC
MARC A. BOCHICCHIO,
Plaintiff,
v.
AUTOTRADER.COM, INC.,
Defendant.

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THIS MATTER is before the Court on Defendant’s “[Partial] Motion to Dismiss”
(document #10) filed January 14, 2013, and the parties’ “Stipulation of Dismissal” (document
#15) filed February 14, 2013.
This matter was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636, and this Motion is now ripe for consideration.
In its Motion, Defendant sought dismissal of Plaintiff’s claims under “the North Carolina
Equal Employment Practices Act, N.C. Gen. Stat. §§ 143-422.1 & 143.422.2 (“NCEEPA”), the
North Carolina Retaliatory Employment Discrimination Act, N.C. Gen. Stat. § 95-240
(“NCREDA”), Article I, Section 1 of the North Carolina Constitution, and the common law and
public policy of the State of North Carolina.” Document #10 at 1.

In their Stipulation of

Dismissal, the parties have agreed to dismissal of these claims without prejudice.
Accordingly, Defendant’s “Motion to Dismiss” (document #10) is administratively
DENIED as moot without prejudice.

The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: February 15, 2013