Muckle et al v. Marriott International, Inc. et al

Filing 96

ORDER denying 66 MOTION for Summary Judgment for Lack of Notice or Constructive Notice; denying 65 MOTION to Dismiss for Fraud on the Court. Signed by Senior Judge Graham Mullen on 2/13/2017. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV223

TONY L. MUCKLE,

)
)
Plaintiff,
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Vs.
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SUMMIT HOSPITALITY
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GROUP, LTD.,
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)
Defendant.
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________________________________________________)

ORDER

This matter is before the Court upon Defendant’s Motion to Dismiss for Fraud Upon the
Court (Doc. No. 65) and Motion for Summary Judgment (Doc. No. 66). These motions have
now been fully briefed and are ripe for disposition.
The Court finds that there is a genuine issue of material fact as to whether the Defendant
had notice so as to render summary judgment inappropriate. Moreover, with regard to the
Defendant’s Motion to Dismiss, the Court restates its previous finding in its Order of December
2, 2016. Any factual discrepancies in Mr. Muckle’s testimony can be more appropriately
explored during cross-examination.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss for Fraud Upon the
Court (Doc. No. 65) and Motion for Summary Judgment (Doc. No. 66) are hereby DENIED.

Signed: February 13, 2017