Caron v. Microsoft Corporation

Filing 18

ORDER Consolidating Cases; denying (7) Motion to Dismiss for Failure to State a Claim; denying (10) Motion to Remand; granting (15) Motion to Consolidate Cases. All further pleadings to be electronically filed to: 3:13-cv-209 only. Member Case: 3:13-cv-272 to be administratively closed. Signed by Chief Judge Frank D. Whitney on 7/2/2013. (Pro se litigant served by US Mail.)(tmg)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-CV-00272-FDW-DSC & 3:13-CV-00209-FDW-DSC
ROBIN CARON,

)
)
Plaintiff,
)
)
vs.
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MICROSOFT CORPORATION;
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MICROSOFT CORPORATION, KAYLAN
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BASU & MATTHEW JUSTICE,
)
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Defendants.
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_________________________________________ )

ORDER

THIS MATTER is before the Court upon Plaintiff Robin Caron’s Motion to Remand,
(Doc. No. 10), Defendants Microsoft Corporation, Kaylan Basu, and Matthew Justice’s
(collectively “Defendants”) Motion to Dismiss for Failure to State a Claim (Doc. No 7), and
Defendants’ Motion to Consolidate. (Doc. No. 15).
In the Motion to Remand, Plaintiff argues that this Court does not have either federal
question or diversity jurisdiction to hear this case. Upon review by the Court, the Court finds
that Plaintiff has raised an issue of federal law in the Complaint. Accordingly, the Court does
not need to address the issue of diversity jurisdiction, and Plaintiff’s Motion to Remand, (Doc.
No. 10) is hereby DENIED.

With respect to Defendants’ Motions, upon review by the Court

Defendants’ Motion to Dismiss for Failure to State a Claim, (Doc. No. 7) is hereby DENIED
WITHOUT PREJUDICE.
judgment.

The issues raised in this Motion may be raised again at summary

However, Defendants’ Motion to Consolidate, (Doc. No. 15) seeking to merge this

case with Caron v. Microsoft Corp., (Case No. 3:13-cv-209-FDW-DSC) is hereby GRANTED.
All further filings in this matter are to be made in Caron v. Microsoft Corp., (Case No.

3:13-cv-209-FDW-DSC).

The Clerk’s Office is respectfully directed to CONSOLIDATE the

two cases, and to CLOSE CASE NO. 3:13-CV-272-FDW-DSC.
IT IS SO ORDERED.

Signed: July 2, 2013

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