SMITH v. BANK OF THE CAROLINAS CORPORATION
| ROBIN SMITH |
| BANK OF THE CAROLINAS CORPORATION |
| ROBIN SMITH |
| BANK OF THE CAROLINAS CORPORATION |
| 1:2011cv01139 |
| December 27, 2011 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Davie |
| UNASSIGNED |
| L. PATRICK AULD |
| Employment |
| 28 U.S.C. ยง 1331 |
| Both |
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Filing
105
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 5/17/2013; that the Magistrate Judge's Recommendation (Doc. 64 ) is ADOPTED. FURTHER that Defendant Bank of the Carolinas' Motions [sic] to Dismiss (Doc. 11 ) is GRANT ED IN PART in that Plaintiff's claim for breach of contract is DISMISSED, any references in the Amended Complaint to "retaliation" and "harassment" are STRICKEN, and Plaintiff is allowed to pursue her " Title VII Claim for Sex Discrimination," as well as her claims for "Wrongful Discharge and Treatment in Violation of North Carolina Public Policy Against Discrimination" and "Violation of Equal Pay Act 29 USC 206(d)(1)." F URTHER that Defendant Bank of the Carolinas' Motion to Dismiss Plaintiff's Title VII Claim (Doc. 15 ) and Motion to Dismiss Plaintiff's Wrongful Discharge Claim (Doc. 41 ) are DENIED. FURTHER that Defendant Bank of the Carolinas' Motion for Judgment on the Pleadings (Doc. 28 ) is DENIED as MOOT and/or unripe. (Sheets, Jamie)
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Filing
64
MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/11/12, Ordering that the Motion of Defendant Bank of the Carolinas for Leave to File Amended Counterclaim and Third Party Compl aint (Docket Entry 57 ) is GRANTED and that Bank of the Carolinas shall file an Amended Counterclaim and Third Party Complaint substantially in the form of the attachment to said Motion by October 19, 2012. Within 60 days of service of that Amended Counterclaim and Third-Party Complaint, the Parties shall file a status report setting out their joint and/or respective positions regarding any modifications to the Scheduling Order. FURTHER that Plaintiff's Motion to Amend Reply to Countercl aims (Docket Entry 38 ) is DENIED AS MOOT. Recommending that Bank of the Carolinas' Motions [sic] to Dismiss (Docket Entry 11) be granted in part in that the Court should dismiss Plaintiff's claim for breach of contract and should strike references in the Amended Complaint to "retaliation" and "harassment" but otherwise should allow Plaintiff to pursue her "Title VII Claim for Sex Discrimination," as well as her claims for "Wrongful Discharge and T reatment in Violation of North Carolina Public Policy Against Discrimination" and "Violation of Equal Pay Act 29 USC 206(d)(1)." FURTHER that Bank of the Carolinas' Motion to Dismiss Plaintiff's Title VII Claim (Docket Entry 15 ) and Motion to Dismiss Plaintiff's Wrongful Discharge Claim (Docket Entry 41 ) be denied. FURTHER that Bank of the Carolinas' Motion for Judgment on the Pleadings (Docket Entry 28 ) be denied as moot and/or unripe. (Law, Trina)
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