MAISHA v. THE UNIVERSITY OF CHAPEL HILL, et al
| MACKEAN P. NYANGWESO MAISHA |
| ALISA S. WOLBERG, BAHJAT F. QAQISH, MELISSA HOBGOOD, SCOTT ZENTZ, MICHAEL G. HUDGENS, JOHN S. PREISSER, THE UNIVERSITY OF NORTH CAROLINA, HOLDEN THORP, WADE H. HARGROVE, HANNAH D. GAGE, MICHAEL KOSOROK, CHENXI LI, JASON P. FINE, GARY G. KOCH, MICHAEL A. HUSSEY and JIANWAN CAI |
| 1:2012cv00371 |
| April 12, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| UNASSIGNED |
| L. PATRICK AULD |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
73
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 1/22/2015; The defendants' motion for summary judgment as to the plaintiff's claims, (Doc. 43 ), is GRANTED. The exhibits Mr. Maisha filed with his substitute brie f at Docket 64 -1 are STRICKEN from the record. In view of the substitute brief at Docket 64 and the rules violations in the original brief at Docket 53 , the original brief at Docket 53 is STRICKEN from the record. The motion for summary judgment as to the defendants' counterclaim, (Doc. 46 ), remains under advisement. (Sheets, Jamie)
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Filing
72
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 1/15/2015; that the motion to strike, (Doc. 57 ), is GRANTED in substantial part and otherwise DENIED, as set forth herein. To the extent the plaintiff's decl aration is inconsistent with his deposition testimony, lacks foundation, or lacks personal knowledge, the Court will grant the motion. The Court will also grant the motion as to the testimony of other witnesses proffered by the plaintiff to the extent that those declarations include expert opinions the plaintiff did not timely disclose and inadmissible hearsay testimony. (Sheets, Jamie)
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Filing
13
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/27/2013; that (1) Defendants' motion to dismiss, (Doc. 6 ), is GRANTED in part and DENIED in part, as follows. (2) The following claims are DISMISSED: a. Title VI claims against the individual defendants; b. Fourteenth Amendment claims; c. Intentional discrimination claims brought pursuant to the North Carolina Constitution; d. Disparate impact claims; e. Copyright infringement claims; f. Claims of plagiarism and violation of academic integrity policy; g. Breach of employment contract claims; h. Breach of student-university contract claims; i. Intentional infliction of emotional distress claims against all defendants except Professors Fine and Hudgens in their individual capacities; and j. Negligent infliction of emotional distress claims against all defendants except Professors Fine, Hudgens, Preisser, and Qaqish in their individual capacities. (3) Defendants' motion is DENIED as to Mr. Maisha's negligent infliction of emotional distress claims against Professors Fine, Hudgens, Preisser, and Qaqish in their individual capacities and as to Mr. Maisha's intentional infliction of emotional distress claims agains t Professors Fine and Hudgens in their individual capacities. These claims may proceed. (4) The Title VI claim against UNC may proceed, as no motion to dismiss was made in connection with that claim. (5) Mr. Maisha's EEO claims are DISMISS ED. (6) Mr. Maisha is GRANTED leave to file an amended complaint including claims for a. Title VI violations against UNC; b. violations of the Fourteenth Amendment under § 1983 against the individual defendants; c. conversion agains t professors Fine and Hudgens in their individual capacities; d. negligent infliction of emotional distress against Professors Fine, Hudgens, Preisser, and Qaqish in their individual capacities; and e. intentional infliction of emotional distress ag ainst Professors Fine and Hudgens in their individual capacities. The motion to amend is otherwise denied and plaintiff shall not include any claims in the amended complaint other than those specifically authorized by this Order. Any Amended Complaint shall be filed no later than April 12, 2013. (Sheets, Jamie)
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