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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?