CLARK v. RUSSELL, et al
| JOHN R. CLARK |
| VERNON RUSSELL, LAW FIRM OF PLUMMER, BELO & RUSSELL, PA and FOOTLOCKER, INC. |
| 1:2011cv00526 |
| July 1, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| UNASSIGNED |
| L. PATRICK AULD |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
33
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 2/23/2012; that the Motion to Dismiss Pursuant to 12(b)(1) and 12(b)(6) filed by Defendants the Law Firm of Plummer, Belo & Russell, PA and Vernon Russell (Docket Entry 12 ) be granted in part, in that the Court should dismiss this action for lack of subject matter jurisdiction. FURTHER, that, in the alternative, Defendant Foot Locker, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim Upon Which Relief Can be Granted and Memorandum in Support Thereof (Docket Entry 8 ) be granted and the Motion to Dismiss Pursuant to 12(b)(1) and 12(b)(6) filed by Defendants the Law Firm of Plummer, B elo & Russell, PA and Vernon Russell (Docket Entry 12 ) be granted in part, in that the Court should dismiss this action for failure to state a claim upon which relief can be granted. FURTHER, that Plaintiff's Motion to Strike Defendant's Motion to Dismiss & Brief in Support (Docket Entry 18 ), Motion to Compel Each Party to Have Separate Counsel to Avoid Conflict of Interest; Brief in Support (Docket Entry 19 ), and Motion to Dismiss Defendants [sic] Motion to Dismiss (Docket Entry 20 ) be denied as moot. (Lloyd, Donna)
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