Byrd v. Eckerd Corporation

Filing 26

ORDER granting 18 Motion to Dismiss Plaintiff's state law claim for Lack of Jurisdiction. Signed by Chief Judge Frank D. Whitney on 7/25/16. (ssh) Modified on 7/25/2016 (ssh).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:16-cv-00030-FDW-DSC SUSAN BYRD, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. ECKERD CORPORATION, Defendant. ORDER THIS MATTER is before the Court on Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint, Third Claim (Wrongful Discharge). (Doc. No. 18). Plaintiff filed a “Response in Opposition,” (Doc. No. 21), and Defendant filed a “Reply” (Doc. No. 24). Having carefully considered the motions, the record, and the applicable authority, this Court lacks jurisdiction over such claim. Defendants’ Motion to Dismiss is GRANTED, and Plaintiff’s state law claim for wrongful discharge is DISMISSED WITH PREJUDICE. SO ORDERED. Signed: July 25, 2016 1

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