Hagy v. Advance Auto Parts, Inc. et al

Filing 35

ORDER denying 28 Motion for Reconsideration. Signed by District Judge Robert J. Conrad, Jr on 4/12/17. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00509-RJC-DCK
AMY WORLEY HAGY, as Personal
Representative of the ESTATE OF JESSE
JAMES WORLEY,
Plaintiff,
v.
ADVANCE AUTO PARTS, INC.; ACE
AMERICAN INSURANCE COMPANY;
SEDGWICK CLAIMS MANAGEMENT
SERVICES, INC.; and INDEMNITY
INSURANCE COMPANY OF NORTH
AMERICA,
Defendants.
__________________________________________

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ORDER

THIS MATTER comes before the Court on Plaintiff’s Motion for Reconsideration,
(Doc. No. 28), and accompanying memorandum, (Doc. No. 29), asking this Court to reconsider
and vacate its September 28, 2016 order dismissing Plaintiff’s supplemental cause of action for a
violation of the North Carolina Unfair and Deceptive Trade Practices Act for failure to state a
claim, (Doc. No. 27). Specifically, Plaintiff asks this Court to reconsider its decision because
another court in the Western District of North Carolina came to a different conclusion on the
same issue around the same time that this Court issued its decision.1 (Doc. No. 29 at 2–3); see
Richardson v. PCS Phosphate, Inc., 3:16-cv-00068-GCM, 2016 WL 4728109, at *5 (W.D.N.C.
Sept. 9, 2016). Having carefully reviewed Plaintiff’s motion and memorandum, Defendants’

1

Although the legal issue was essentially the same, the two cases involved different facts
and the parties presented different arguments. Point in case, Defendants’ meritorious argument
in this matter was not addressed in the other Western District case with which Plaintiff suggests
this Court’s September 28, 2016 order is in conflict.

memorandum opposing Plaintiff’s motion, and the decision in Richardson, this Court stands by
its September 28, 2016 Order and the legal reasoning therein and DENIES Plaintiff’s Motion for
Reconsideration.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Reconsideration, (Doc.
No. 28), is DENIED.

Signed: April 12, 2017