Watterson et al v. Burgess et al

Filing 131

ORDER denying as moot in part and denying in part without prejudice 88 Motion to Dismiss. Signed by Chief Judge Frank D. Whitney on 4/28/16. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00159-FDW-DCK
JEFFREY RANDOLPH WATTERSON and )
RANDOLPH ALEXANDER WATTERSON,
)
)
Plaintiff,
)
)
vs.
)
)
WOODY BURGESS, JASON GREEN, )
FRANKIE DELLINGER, JENNIFER HOYLE, )
DAVID HODKINS, BOB AUSTELL, MIKE )
ALLRED, DAVID HODKINS, CITY OF )
CHERRYVILLE,
BEN
BLACKBURN, )
SELECTIVE INS. OF S.C., CHERRYVILLE )
CITY
POLICE
DEPARTMENT
AND )
CHERRYVILLE UTILITIES DEPT.,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court on the Motion to Dismiss filed by Defendants Ben
Blackburn, Selective Ins. Of S.C., Cherryville City Police Department, and Cherryville Utilities
Department (Doc. No. 88). Both Plaintiffs’ responded in opposition (Docs. Nos. 90, 91). As to
the motion to dismiss as it pertains to claims asserted by Plaintiff Jeffrey R. Watterson, that portion
of the motion to dismiss is DENIED AS MOOT because that Plaintiff and the moving parties have
resolved all claims among them as evidenced by their stipulation of dismissal (Doc. No. 114). As
to that portion of the motion to dismiss related to Plaintiff Randolph A. Watterson, the motion is
DENIED without prejudice to reassert relevant arguments at summary judgment.
IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss (Doc. No. 88) is
DENIED AS MOOT in part and DENIED in part without prejudice.
IT IS SO ORDERED.
Signed: April 28, 2016